Your first consideration when choosing a name for your LLC is that it be unique from any other business on file in the state of New Jersey’s Division of Revenue and Enterprise Services. You can quickly and easily check your company’s potential name options at the New Jersey Business Record Service database. For a $50 fee through the New Jersey Division of Revenue and Enterprise Services Central Forms Repository, you can also reserve a company name for 120 days. To do so, you’ll need to submit the Application for Reservation of Name (form UNRR-1).
In order to comply with New Jersey state law, your company’s name must end with the words “Limited Liability Company” or one of two abbreviations, “LLC” or “L.L.C.” The following words are restricted (meaning that they require additional paperwork) or prohibited from being used in your LLC’s name: “District of Columbia,” “D.C.,” “Underwriters,” “Trust,” “Blind,” “Realtor,” “Cemetery,” “Funeral Homes,” “Postal,” “Handicapped,” “Urban Renewal,” “Little League,” “Metropolitan,” “Olympia,” and “Olympic.”
The state of New Jersey requires that any LLC have a registered agent for service of process. This means your LLC must have an entity that agrees to physically accept any legal papers on the company’s behalf should it be sued.
The registered agent may be any individual, over eighteen years of age, who agrees to serve as agent, or any business in good standing with the State of New Jersey that agrees to serve as agent.
Within 60 days of forming your LLC, you’re required to register with the New Jersey Division of Revenue and Enterprise Services for business entity and tax filings. This will give you a New Jersey tax identification number, which lets you receive all proper returns and notices. You can do this either online or by mail. Note that this must be done regardless of whether you plan to have employees or collect sales tax. New Jersey LLCs must pay an annual minimum state tax of $125 for each member.
You may want to consider preparing an operating agreement for your LLC. Though not required by the state, an operating agreement will set the guidelines for success for your company. This does not need to be filed with the state, but it can go a long way toward ensuring your company’s success.
An IRS Employer Identification Number (EIN) is required for your LLC unless it is a single-member LLC with no employees. Obtaining an EIN is as easy as completing the application on the IRS website.
If yours is a foreign LLC, also referred to as an out-of-state LLC, wanting to do business in the state of New Jersey, you’ll need to follow all the aforementioned steps.
The main difference is that the form required to make your LLC legal to operate is referred to as a Public Records Filing for New Business Entity. You can file paperwork online at the Division of Revenue Business Formation webpage, or by mail. The filing fee is $125.
Additionally, your paperwork should include a certificate of good standing from your home state.
The location of and specific type of business you are creating can potentially require additional federal, state-authorized, and/or local business licenses. You can obtain federal licenses and check the New Jersey Online License & Certification webpage to search for additional requirements.
Since business licenses and permits are issued at all levels of government—federal, state, and local—and for many reasons (health, building, signage, etc.), you should do careful research to find out what licenses and permits you need. You can also hire a professional service to do it for you.