How To Form an LLC In New Jersey
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1. Choose a Name for Your New Jersey Limited Liability Company
Check for an Available Name for the LLC in New Jersey: Having a unique name for your company is essential for you to file to form an LLC in New Jersey. A unique name is one that is available and not in use by another company in New Jersey. You can check name availability by searching databases and records online and in other archives before you file to form your LLC. On the official website of the New Jersey Secretary of State you can search a database of New Jersey business entities. Go to New Jersey LLC to search the database.
Reserve a Name for Your New Jersey LLC: You might want to reserve a name for your LLC if you cannot file Articles of Organization right away, though reserving a name is not required. Go to New Jersey LLC to download the application to reserve a name. The business name that you submit will be reserved for 120 days. You will be required to pay a $50.00 fee to file this application.
Filing for Trademarks Protection and Doing an LLC Name Search: When you are checking for name availability, you could find out that the business name that you have chosen is available in New Jersey but in use by an LLC in another state. You could run into restrictions that affect how you use the name that you have chosen. With the help of an attorney, you can learn what these restrictions are and what you can do to trademark the name of your company. Go to how to choose a name for your llc to learn more about choosing a name for your LLC.
New Jersey LLC Name Requirements: The name of every LLC in New Jersey needs to include the designation "LLC," “L.L.C.,” or "Limited Liability Company." It is good to remember that “LLC” stands for “Limited Liability Company,” and not “LLC Corporation, “Limited Liability Corporation,” or anything else connected to a corporation. An LLC is a certain type of business organization that is set up differently than a corporation.
2. Find a Registered Agent in New Jersey
The state of New Jersey requires that you have a registered agent who will act as an agent for service of process and receive tax forms and legal documents for your LLC. You might want to take advantage of the services of a corporate services company. There are many corporate service companies that offer registered agent services for LLCs, generally charging fee of around $75.00 to $150.00.
3. File Articles of Organization with the New Jersey Secretary of State
Minimum Requirements for the Articles of Organization: In New Jersey you can file Articles of Organization online at New Jersey LLC. You should be prepared to give the name of your LLC and the name and address of your registered agent as well as other information about your LLC.
Other New Jersey Legal Provisions: Think about including additional provisions in your Articles of Organization. With the help of a lawyer, you can decide which additional clauses are the most useful for you to include.
Where to Submit the Articles of Organization for Filing: You can file Articles of Organization online at New Jersey LLC. If you prefer to submit a paper form, contact the office of the Department of the Treasury.
Filing Fee: The fee to file Articles of Organization in New Jersey is $125.00.
4. Form a New Jersey Limited Liability Company Agreement (Operating Agreement)
Once you have formed an LLC by filing Articles of Organization, you will need to create an LLC Agreement. LLC Agreements govern the LLC and the actions between the members of the LLC much like by-laws help to govern a corporation. The details of your LLC Agreement will be influenced by factors such as the number of owners and members of the LLC, the organization of the members, and the way that money will be distributed among the members. You will need to ask questions about how the LLC will be run. Will the LLC be managed by a manager or by the members? What will the voting procedures be? What will happen if you decide to incorporate or sell the company? LLCs are formed for various purposes, so you should consider the purpose of your LLC when you are creating your LLC Agreement. Will you be running a shop, restaurant, manufacturing company, or some other kind of business? LLC Agreements can be complicated, but with the help of a lawyer and an accountant you can create an LLC Agreement that complies with all state requirements and federal tax laws.
You will also need to make securities filings for your LLC, obtain an EIN from the IRS, and obtain a business license. There are corporate services companies that offer assistance with these types of filings. Go to our online guide at http://www.cityapplications.com/business-licenses.html to learn more about how to get a business license in your city.
5. Qualify Your New Jersey LLC to Do Business in Other States
In most other states you need to qualify or register your LLC to do business. You need to qualify your LLC in your home state also if the main office of the company is located in another state. In general, you are required to pay taxes in your home state when you do business in other states. Go to [Qualifying to Do Business in Other States] to learn more about how you can qualify your LLC to do business in other states.
6. Make Annual Filings and Pay Annual Taxes in New Jersey
In the state of New Jersey, annual reports are required for all LLCs. Go to New Jersey LLC to file this report online. The filing fee is $50.00. You will also need to file a tax report and pay taxes every year once you have registered your LLC in the state of New Jersey. Go to the official website of the New Jersey Department of the Treasury at New Jersey LLC to learn more about the taxes that will apply to your LLC and to download tax forms.
Even though it can be complicated to form a New Jersey LLC, with the help of an accountant and an attorney you can feel confident that an LLC is right for your company and that all your paperwork is being processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.
