New Jersey LLC Requirements

By Brette Sember, J.D.

New Jersey LLC Requirements

By Brette Sember, J.D.

Forming a limited liability company (LLC) in New Jersey is a convenient way to organize your business while taking advantage of pass-through taxation and protection from personal liability. After choosing a name for your LLC, which must include some variation of "limited liability company" or its acronym, you'll have up to 120 days for the name to be reserved and for you to start the process of registering your LLC in New Jersey.

New Jersey city skyline with skyscrapers

There are several requirements you must meet to legally form your New Jersey LLC, and all you need to do is follow the steps below.

1. Register Your Business

The first form you need to file is a Business Registration Application (Form NJ-REG). Filing this form registers your LLC business with the state of New Jersey and officially puts you in contact with the state, which will send you all the necessary forms and documents you need to complete and fully form your business.

2. File Public Records

You next need to file the Public Records Filing for New Business Entity form, which is generic and so can be used for a variety of business types. Completing and filing this form meets New Jersey's requirement for a certificate of formation for your LLC. Note that a filing fee is also required.

3. File an Operating Agreement

New Jersey does not require an LLC to file an operating agreement, but it's still a good idea to create one. An operating agreement is a document created by the LLC's members that details how the business must be run and outlines the rules your LLC must follow for meetings, managers, capital contributions, allocations, or profits and losses, as well as withdrawal of members. Working through all of these decisions will help you organize your company and allow the members to fully understand their responsibilities and rights. Because your operating agreement governs all aspects of your LLC, it's a good idea to work with an attorney or online document preparation service to make sure yours covers all the bases and fits your needs.

4. File a Tax Form

To do business in New Jersey, your LLC must file tax form NJ-REG. Use your federal employer identification number (EIN) as your New Jersey tax identification number for the purposes of this registration. You can obtain an EIN by filling out a form on the Internal Revenue Service website or by using a third-party service.

5. Complete Other Registrations

New Jersey has a variety of other filing requirements you may need to meet as you start your business, depending on the type of business your LLC is. For example, if you sell cigarettes or motor fuel, you need a license to do so. Visit the state's Business Portal for a list of the many kinds of permits and licenses required by New Jersey. If you intend to conduct business with any state agencies, you must obtain a Business Certificate of Registration. When you hire employees, you must report them using the New Jersey New Hire Reporting Form.

6. File an Annual Report

Your LLC is required to file an annual report and pay a fee every year in the month of your formation anniversary. The annual report is mainly for verification or updates of your business information, such as location, contact information, officers, registered agent, and so on.

Once you complete all the paperwork, you can move forward with operating your LLC in New Jersey, knowing that you've met all the legal requirements.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.