How to Start an LLC in New Jersey

The basics of starting an LLC in New Jersey include picking a business name, appointing a registered agent, and submitting a Public Records Filing for New Business Entity. Once your LLC is formed, you should take additional measures to ensure your business is in proper working order.

Start Your NJ LLC

Step 1: Name Your New Jersey LLC

Before you take any other steps, you must give your New Jersey LLC a name. New Jersey law says the business name must:

What are New Jersey’s business name requirements?

In New Jersey, all LLC’s must include an entity identifier, like “limited liability company,” “limited liability co.,” or an abbreviation like “LLC” or “L.L.C.”
Your company name must avoid using words that falsely suggest it’s an unauthorized business. So you can’t call yourself “police” if you’re running a restaurant, for instance.
Be distinguishable from other business names in the state, meaning it can’t be the same or very similar.

How do I know if my LLC name is unique in the state?

You can use the New Jersey Business Name Availability database to search for your desired name. If you find a result that is too similar to your business name, try making adjustments and search again.

Are others using the name online?

Once you have a name that’s available in the state, check to see if it’s also available online as a domain name or social media handle. It’s best to rework your brand strategy early if your business name, or one similar to it, is already being used online.
When you hire Registered Agents Inc to form your LLC in New Jersey, we can register your domain name, set up your business website, and more in minutes.

Can you register the name as a trademark?

Interested in trademark registration? Trademarking your company name and/or logo protects its uniqueness nationwide. You can own the trademark, or give ownership of it to your LLC. Our attorney-led service includes a clearance check that searches for potential conflicts with trademarks that already exist.

Step 2: Choose a New Jersey Registered Agent

The state of New Jersey requires you to appoint and maintain a New Jersey registered agent for your LLC. If you get sued, your New Jersey agent will accept the service of process on your behalf. They also receive other important legal mail for your company.

There are two basic requirements for a New Jersey registered agent:

They must be a person 18 years or older or a business entity authorized to do business in the state.
They must have a physical New Jersey street address where they can accept legal mail, also known as a registered office.

Can I be my own registered agent in New Jersey?

Yes, you can be your own registered agent in New Jersey. But make sure you’re fine with your listed address becoming part of the public record. You must also be willing to maintain regular business hours Monday through Friday at this address so you can receive any legal mail. If those terms don’t work for you, consider hiring a registered agent service.

Step 3: File New Jersey Certificate of Formation

To officially form an LLC in the Garden State, you must submit a Public Records Filing for New Business Entity form with the New Jersey Division of Revenue.

This form can be filed online in most cases, although you’ll need to use a paper form if you’ve already reserved your business name. Either way, it costs $125 to file.

1

Business name
Use a required LLC indicator like “Limited Liability Company.”

2

Entity type
Enter “LLC” for a domestic (first formed in New Jersey ) LLC.

3

Business purpose
You can write something generic like “To conduct business within the state of New Jersey.”

4

Duration (optional)
You can leave this blank if you have no end date in mind.

5

Registered agent information
Enter the agent’s name and New Jersey street address.

6

Main business address
List your principal business office here. It does not have to be in New Jersey.

7

Signature
The person preparing the documents signs here.

Step 4: Set Up Business Operations

Once New Jersey approves your formation paperwork, you’ll have a Certificate of Formation and a new LLC. However, you should take additional steps to finish setting up your business and protect your limited liability.

Draft an operating agreement.
An operating agreement is a guidebook for everything your LLC does, from resolving disputes between members to shuttering operations entirely. It also covers topics like how voting works and how the LLC will be managed. There’s no need to file a copy with the state, but you should bring a copy along when you’re ready to open a business bank account.

Get an EIN.
EIN stands for Employer Identification Number, and you’ll need one when you register for state taxes (see below). Even if it weren’t mandatory, it’s a good idea to get one anyway for tasks like opening a bank account and hiring employees. You can apply for an EIN using the IRS’ online application.

Open a business bank account.
Simply put, a business bank account is critical for establishing separation between your personal funds and business funds. Without a business bank account, you’re putting your personal asset protection at risk.

Get business licensing or permits.
All businesses are required to register for state taxes with the New Jersey Department of Taxation’s Division of Revenue & Enterprise Services (DORES). By registering with DORES, you allow the state to figure out what kinds of taxes and employer contributions your business may have to pay. Your LLC must list an EIN when you register.

Depending on your industry, you may need additional permits, licenses, or certifications from the state. For instance, a public accounting firm has to register with the New Jersey State Board of Accountancy Law and obtain certification.

Step 5: File BOI Report

A federal law called the Corporate Transparency Act requires most businesses to complete a Beneficial Ownership Information (BOI) Report as of 2024. This report is designed to detect fraud and money laundering in the business world.

Your BOI Report must list information about the company’s beneficial owners, defined as the people with a significant amount of control or influence over your business. If your formed your LLC after January 2024, you must also list information about the person or entity who filed your LLC’s formation paperwork.

Fed up with filing reports? We can file the BOI Report for your company when you hire us to form your New Jersey LLC.

Frequently Asked Questions

How are LLCs taxed in New Jersey?

New Jersey has a graduated income tax rate that starts at 1.4% and tops out at 10.75%. At both the state and federal level, your LLC will be taxed as a pass-through entity by default. If you want, you can fill out paperwork with the IRS to change your tax status to either S-corp or C-corp.

If you’re selling taxable items or services, New Jersey requires you to collect and remit a sales tax. The flat sales tax rate is 6.635%, though it may be reduced if you’re doing business in certain areas.

There are industry-specific taxes as well, like an occupancy tax for hotels and motels. The New Jersey Department of the Treasury’s Taxation Division has more information on business taxes.

How much does an LLC cost in New Jersey?

There’s a $125 filing fee to form a New Jersey LLC.

Does New Jersey require an annual report for LLCs?

Yes, New Jersey LLCs must file an annual report by the end of the anniversary month in which they formed. So if you formed an LLC on June 15, 2024, your first annual report would be due no later than June 30, 2025. It costs $75 to file.

How do I contact the New Jersey Secretary of State?

If you have questions for the New Jersey Secretary of State, here is their contact information:

Phone: 609-292-9292
Fax: 609-984-6851

Mailing address:
Corporate Filing Unit
PO Box 308
Trenton, NJ 08646

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