With a business plan in place, it’s now time to get the wheel rolling and it all starts with getting permission from the state to start a New Jersey LLC. As long as your business activities are legal and you have determined the structure of your operations, this should be a fairly easy task. To make it even easier, we have compiled some steps you must take as you complete the Certificate of Formation and embark on this new journey:
Choosing an LLC Name
Deciding on your brand, logo and business name on your Certificate of Formation may seem like an easy task, which it should be. However, you have to make sure that the chosen name is in line with the statutory requirements which dictate that the name must:
- Contain the words limited liability company or a suffix that is equivalent of the same such as abbreviation “L.L.C.” or “LLC”
- Not contain any restricted words per the Division of Revenue and Enterprise Services
- Not be in use in another company in the state and should be easy to tell apart from other existing names
Before you decide on an LLC name, ensure that you run a name availability search on it and make sure that nobody else has used or reserved it. You will save a lot of money and time this way.
Choosing a New Jersey Registered Agent
Before you start filling your application, you have to decide who you will leave in charge of receiving any important mail that comes from the authorities. Whether it’s a reminder or a notice, you will need someone on standby to receive such communication. This person must be available during working hours and must be reliable to ensure that you never miss anything. Luckily, you are free to serve this role if you would like the extra work. However, you will notice that most New Jersey LLCs opt to delegate this role to registered agent services whose main focus is to provide such representation services. They receive the documents, compile them and send them to you as soon as they receive them.
It’s up to you to decide who takes on this role to keep your business in good standing. Please note that the state will not accept any application to conduct business in New Jersey that does not show the point of contact. Thus, you have to get this out of the way before moving on to the next step to file the Certificate of Formation.
Preparing to File Your New Jersey Certificate of Formation
Of all the steps you need to follow to get an NJ LLC officially, here is where you need to pay the most attention. If you make a mistake, your application will not go through and you will have to start again. Please note that you will have to pay the non-refundable fee again to make another submission to operate in New Jersey. Thus, you would end up spending more time and more money on this stage. If everything goes well, you will officially have the rights to do business in the state and you can start running your operations as soon as you get the confirmation from the state.
You will need to include:
- The proposed name of the business which has to be in line with New Jersey Naming Guidelines
- The structure of the business, which in this case will be an LLC
- How long you plan on running the business. If you’re not sure of the duration, you can always leave this blank
- If you already have another business running and where it has been registered
- Who will receive your formal documents and where they are
- Where you plan to run your operations
It’s not much information and it’s hardly likely that you will make a mistake. However, it’s always best to tread with caution as one small error will get you back to square one. Once you ascertain that the information is correct, you can proceed to pay the $125 filing fee.
Filing Options
The next stage lies in deciding how you will send the paperwork to the authorities to apply for LLC registration in New Jersey. You have the filing methods of doing it:
Online
Many people go with this option as it is the most convenient way to file the NJ certificate of formation. All you need is a desktop and access to the internet and you will be good to go. You can even make your payment online, making this the fastest way to get things moving. To get started, head on to the business filing portal, follow the prompts, save and submit your responses. It’s that easy and once everything checks out, you should get your go-ahead from the authorities.
By Mail
Alternatively, you can do things the old-school way and work with a paper application which you can easily download from the state website. Make sure your responses are accurate before sending the document to:
New Jersey Department of the Treasury
Division of Revenue & Enterprise Services/Corporate Filing Unit
PO Box 308
Trenton, NJ 08646-0308
Please note that in this case, you will effect your payment via check which you should include in the envelope.
In Person
Did you know that you also have the option to hand deliver the paperwork and save on the mailing costs? It works for you if you live near the offices which are at:
33 W. State St,
5th Floor,
Trenton, NJ 08611
Fax
Finally, you can fax the document to (609) 292-4291, ensuring that you include a cover sheet that indicates the recipient as New Jersey Department of the Treasury Division of Revenue and Enterprise Services.
Fees and Timings
The registration process costs you $125 if you do it alone without the aid of a third party. Where a third party is present, it could cost you more, based on their fees. Online transactions take 3-10 business days to be complete. Hard copy filings take about 15 business days. Please note that the time is not standard and will depend on the number of people making similar requests at the time.
What About Foreign LLCs?
In the steps we have covered so far, you will realize that these revolve around businesses that operate and have been formed in the state. But what happens if you already have a business in another state and are expanding to New Jersey? Do you have to go through the processes we have outlined?
No. Your business is already registered and all you have to do is make sure that it qualifies to do business in the new state. Most states have such allowances and even if you’re not expanding into NJ, you will likely face the same requirements. All you need is to get your hands on the Form NJ-REG which you can do online to foreign qualify an LLC. You can even finish the process online. However, if you want a more old-school approach, you can download and complete the form before sending it to the same addresses we earlier highlighted.
Please note that you should not start running your business operations in NJ or any other state without getting the correct paperwork sorted. Doing so would only put you at risk of incurring serious fines and penalties which you can do without. Don’t risk it as it can even lead to the termination of your business.
Want Help Filing Your Certificate of Formation?
While we have outlined the steps and made them seem as easy as possible, registering your business can still be a hassle. You already have so much work on your hands, trying to put the pieces of the puzzle together. The last thing you probably want to do now is figure out how to start filing your documents and what information you have to include. We get it and that’s why we are letting you in on another option instead of having to file the certificate of formation yourself.
Have you heard of business incorporation services? These are companies that have been around for decades whose sole aim is to help you get your business off the ground. They collect important details from you, figure out what goes where and even make the submissions on your behalf. Do you want to hear the best part of it? Everything takes place online and you hardly need to leave your home or office.
Luckily, many of these NJ business formation services exist and you can find one whose features match what you need the most at this time. Additionally, the companies offer more than formation services and also cater to other needs such as representation and annual filing. Some even offer legal and financial consultancy services, ensuring you get all your needs bundled in one.
Thus, if you feel overwhelmed by the processes lying in wait for you, it’s possible to delegate them to professionals who will ease your burden.