Each state has different requirements for forming a limited liability company (LLC). Whether you are starting a business or incorporating a business already in existence, you'll want to understand the New Jersey LLC formation requirements.

How to start an LLC in New Jersey

Starting a new business comes with a variety of challenges. The following highlights some of the critical steps needed to keep your business compliant if you decide to form a New Jersey LLC. For more information on forming an LLC for your business, view our webinar “What You Need to Know When Deciding Whether to Register Your Small Business”.

Decide on a name for your LLC

Naming your LLC is an important step that needs to be considered carefully. There are many business and compliance requirements to weigh when making the final decision on your LLC’s name.

Generally, your name cannot be the same as the name of any entity on file with the New Jersey Division of Revenue & Enterprise Services, and it can’t be misleading. Read our article for more tips on naming your business.

BizFilings offer a free state name check to help you check the availability of your desired LLC name and we can help you reserve your name when you’ve made your decision.

Determine management structure (member vs. manager)

One of the reasons you may have selected an LLC as your business type is the management structure. LLCs can have one of two management structures: member-managed, or manager-managed. The difference between the two comes down to the relationship between management and ownership:

If an LLC is member-managed, then all members are active in the decision-making processes. 

If an LLC is manager-managed, then one or more managers are designated to make the decisions on its behalf.  A manager may be a member or a non-member.

When starting your LLC, it is critical to understand how you plan to manage your business. Read our article LLC members vs. LLC managers for more information on LLC management structure.

Select your registered agent

registered agent (also often referred to as agent for service of process) is a person or business you appoint to receive and forward to you important legal and tax information. New Jersey requires an LLC to appoint and continually maintain a registered agent located in the state. BizFilings includes this service in all incorporation packages.

Prepare and file with New Jersey

Creating your LLC in New Jersey requires you to initially submit a Public Records Filing for New Business Entity with the Corporate Filing Unit of the NJ Division of Revenue & Enterprise Services. Then within 60 days of forming your LLC, you must file a Business Registration form.

New Jersey does not require you to submit an Operating Agreement to form your LLC. However, it is important for every LLC to have an Operating Agreement, establishing the rules and structure of the business. The Operating Agreement is a private agreement and is not filed with the state. Read our article on LLC operating agreements for more information.

Obtain a federal employer identification number

A Federal Employer Identification Number (EIN or Tax ID) is an IRS identification number used for businesses. The most common comparison is to an individual’s Social Security Number. The EIN must be obtained by LLCs to be used when filing taxes. However, it is also often used for other important business activities, such as opening a business bank account, obtaining a loan, or paying invoices. Check out our article on Federal EIN for more information.

Meet your license and permit requirements

Your LLC may be required to obtain licenses and permits before it can legally operate in New Jersey. There are many factors that go into determining which licenses and permits at the federal, state, and local levels are required for your business. For example, if you plan to hire employees, you may need a payroll tax registration and depending on where they are based that could have implications as well. Read our article “Understanding business licenses” for more information.

Cost to form a New Jersey LLC

At BizFilings, we clearly outline our fees and the New Jersey state fees. When you view our pricing to form an LLC you plainly see:

  • BizFilings’ package prices. BizFilings offers three incorporation service packages from which you can choose.
  • State fee for standard turn-around. Our pricing clearly shows the state fee to incorporate in New Jersey with standard turn-around.
  • Expedited turn-around. You will see the BizFilings and state fee, if any, for expedited turn-around.
  • 24-hour turn-around. New Jersey has a 24-hour filing option, which is outlined in our pricing.
  • Certified copy. Our pricing also clearly displays the BizFilings and state fee, if any, for issuing a Certified Copy of the Certificate of Formation.
Form a New Jersey LLC

New Jersey LLC Name Requirement

The name of an LLC must end with "Limited Liability Company," "LLC" or "L.L.C." The name must not contain any word, phrase, abbreviation or derivative thereof indicating or implying it is organized for any purpose other than one or more purposes permitted by its Certificate of Formation. It must be distinguishable from the names of other LLCs, foreign LLCs and current name reservations or registrations. The words "Olympic," "Little League," "Realtor" and "Trust" cannot be used.

Member/Manager information

The following are New Jersey’s requirements for the members/managers of LLCs:

  • Minimum number. LLCs must have one or more members/managers.
  • Residence requirements. New Jersey does not have a provision specifying where members/managers must reside.
  • Age requirements. Members/managers must be at least 18 years old.
  • Inclusion in the Certificate of Formation. Member/Manager names and addresses are required to be listed in the Certificate of Formation.

Requirements for the Certificate of Formation

The document required to form an LLC in New Jersey is called the Certificate of Formation. The information required in the formation document varies by state. New Jersey's requirements include:

  • Registered agent. LLCs must list the name and address of a registered agent with a physical address (no post office boxes) in New Jersey. The registered agent must be available during normal business hours to accept important legal and tax documents for the business.
Registered Agent Services

Professional services businesses

New Jersey does not allow professionals, such as accountants, attorneys and physicians to form a professional limited liability companies (PLLCs). ; however, professionals may incorporate as an LLC.

After forming a limited liability company (LLC) , you must undertake certain steps on an ongoing basis to keep your business in compliance. These steps are also important in preserving the limited liability an LLC provides its owner(s). This guide outlines the ongoing requirements for New Jersey LLCs.

New Jersey LLC taxes and fees

The following are taxation requirements and ongoing fees for New Jersey LLCs:

  • Annual report. New Jersey requires LLCs to file an annual report during the anniversary month of the LLC’s incorporation. The filing fee is $50.
  • Taxes. For complete details on state taxes for New Jersey LLCs, visit Business Owner's Toolkit or the State of New Jersey .
  • Federal tax identification number (EIN). An EIN is required for LLCs that will have employees. Additionally, most banks require an EIN in order to open a business bank account.
  • State tax identification number. New Jersey does not require a state tax identification number.

Business licenses in New Jersey

Business licenses and/or permits are required for most businesses. The BizFilings Business License Application Package can help you stay on top of these requirements.

Additional New Jersey information

View the following additional resources BizFilings has for forming and maintaining companies in New Jersey:

Select to view detailed information on Incorporation Requirements, or LLC Requirements, by State
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