How to Start an LLC in New Jersey

A New Jersey LLC is one of the most simple, cost-effective, and quick business structures to form. Even so, navigating the formation process can seem daunting without clear guidance and an actionable plan.

In this How to Start an LLC in New Jersey guide, we break down everything you need to know to form your LLC, from the steps you’ll need to take to get started to maintaining your business structure.

New Jersey LLC

In order to form an LLC in New Jersey, you’ll need to complete the following steps:

1. Name Your New Jersey LLC
2. Pick a New Jersey Registered Agent
3. Submit the Certificate of Formation
4. Create a New Jersey LLC Operating Agreement
5. Get an EIN
6. File a BOI Report 

In the sections below, we’ve broken down each of these steps in more detail.

Step 1: Name Your New Jersey LLC

The first thing you’ll need to do before getting started is picking the right name for your LLC. This is important because your business’s name will represent your brand and create a first impression.

In New Jersey, all LLC names need to abide by the following statutory guidelines in order to be accepted by the Division of Revenue and Enterprise Services:

• Be Distinguishable: Before deciding on a name, you need to search the existing registered business names to ensure your desired name isn’t already taken. This can be done using the New Jersey Business Entity Name Search tool, which allows searches by exact business name, keywords, or entity ID.
• Naming Restrictions: Your chosen LLC name cannot include certain restricted words such as “Bank”, “Cemetery”, “Insurance”, or any term that suggests a governmental affiliation without proper authorization. Additionally, words indicating a professional service such as “Certified Public Accountant” or “Physical Therapist” may require proof of licensure
• Avoid Certain Characters and Designators: The name must not include punctuation or special characters not recognized in the standard Available Names search (e.g., #, !, ?, $, /). It should also avoid ending designators such as “Inc.” or “Corp.” which do not represent the type of business entity you’re forming
• Required Suffixes: The name of your LLC will need to include the words “Limited Liability Company” or a suitable abbreviation, such as “LLC”, “L.L.C.”, etc
• Unique Name: Your LLC’s chosen name must be distinguishable from other names already on file. This includes variations that are too similar phonetically or in spelling to existing names, as determined by the New Jersey Division of Revenue’s guidelines. You can check this via the state’s Business Entity Name Search tool, which allows you to filter by exact business name, keywords, or entity ID
• Prohibited Names: Names that are considered offensive or that include certain prohibited words related to banking, LLC status, or specific organizations (e.g., “Olympic,” “Red Cross”) cannot be used without prior authorization

You can find a more in-depth breakdown of all these requirements for LLC names in the guidelines provided by the New Jersey Division of Revenue and Enterprise Services.

Keep in mind that even though picking an LLC name in itself has no cost, you may incur additional fees for services like name reservation and DBA registration.

Reserve an LLC Name

If you’re not yet ready to launch your business and still need a little more time, you can choose to reserve your desired LLC name for later.

This can be done either online or by mail through the New Jersey Division of Revenue and Enterprise Services ($50 fee).

This reservation will keep anyone from being able to take the name you plan to use for a period of 120 days.

If you need any longer than this, you’ll need to renew the reservation before the initial 120-day period ends by following the same process and repaying the fee.

Register a DBA Name

Another potential cost associated with naming your LLC is the “doing business as” (or DBA) name — known as an alternate name in New Jersey. This is essentially a nickname that you can choose to register for your business to operate under — particularly if you’re not content with your LLC’s legal name.

Registering a DBA name can be done by filing a Registration of Alternate Name form with the New Jersey Division of Revenue and Enterprise Services and paying a $50 fee.

Note: Keep in mind that DBA names in New Jersey are valid for a period of five years, after which they need to be renewed.

Domain Name

Finally, you’ll want to focus on securing a good domain name (which is your website’s URL address) for your business. For this, try to focus on choosing one that’s easy for customers to remember, relevant to your business, and accurately reflects your brand.

After confirming the domain name you want to use is actually available, you can purchase it through a trusted registrar.

Step 2: Pick a Registered Agent

The next step you’ll need to take toward forming your LLC is to pick a registered agent (RA).

This is an individual or business entity that accepts legal correspondence on behalf of your business, such as service of process, notice of lawsuits, and official government communications — you’re required to continuously maintain one as long as your LLC is active.

Your registered agent can be an individual or business entity, but will need to satisfy the following requirements:

• If the applicant is an individual, they must be a legal resident of New Jersey.
• If the applicant is a business entity, they must be authorized to conduct business within the state.
• The entity or individual must have a physical address in New Jersey, a P.O. Box is not acceptable. 

Keep in mind that your LLC’s registered agent will need to be physically available during regular business hours in order to receive service of process.

While you can act as your own registered agent if you’re looking to save money, we don’t typically recommend this as you’re much more likely to suffer fines and penalties due to non-compliance.

On top of this, you’ll lose any anonymity your LLC would have given you since your name, address, and contact information will appear on your Certificate of Formation (which is publicly available).

Note: To have a look at some of our other top recommendations, you can also check out our Best Registered Agent Service of 2024 guide.

Step 3: Submit Your Certificate of Formation

In New Jersey, the Certificate of Formation is the filing document that you’ll need to submit with the New Jersey Division of Revenue and Enterprise Services in order to officially register your LLC (this is also referred to as the Articles of Organization in other states).

This process carries a fixed cost of $125, which is applicable to both domestic and foreign LLC filings.

To proceed, you will need to file online through the New Jersey Division of Revenue’s Business Formation Portal.

As soon as your submission is processed, the system will send you a confirmation receipt verifying that your documents have been successfully filed.

Step 4: Create a New Jersey LLC Operating Agreement

Once this is completed, the next step you’ll need to take is to create an operating agreement.

This is an internal document that clearly outlines the ownership and management structure of a company in order to reduce potential future conflict.

While this document isn’t legally mandated in New Jersey, all LLCs are recommended to have one as it can help maintain both: smooth operations and your LLC’s corporate veil.

Step 5: Get an EIN

Even though it’s not a legal requirement (unless your LLC has employees or multiple members), all New Jersey LLCs will need to apply for an Employer Identification Number (EIN).

This is a free, nine-digit number used by the IRS to identify your business and keep track of its tax reporting — much like a Social Security Number (SSN) for individuals.

You’ll need an EIN to be able to:

• Hire employees
• Open a business bank account
• Apply for some business license(s)/permits
• Establish a line of credit

On top of this, using an EIN instead of a Social Security Number (SSN) helps to protect your personal information and safeguard your anonymity as the business owner of your LLC.

You can quickly apply for an EIN for your LLC online through the IRS website. You’re also able to submit a paper application using Form SS-4 either via fax to (855) 641-6935, or by mailing it to the following address:

Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Note: Your New Jersey Tax ID number — which you will need to issue along with a Certificate of Authorization to Collect Sales Tax — will be the same as your EIN plus a 3-digit suffix that’s unique to New Jersey.

Step 6: File a BOI Report

Starting January 2024, the vast majority of LLC owners will be required to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN).

This is part of an initiative by the U.S. government to stop individuals and entities engaging in illegal or unethical activities from being able to conceal this using “opaque ownership structures”, like shell companies, to hide their true identities.

Existing LLCs will be able to file this report anytime between January 1, 2024, and January 1, 2025, while new LLCs will have up to 90 days after the date they were initially formed to do so (30 days for LLCs formed after the start of 2025).

Keep in mind that failure to file your LLC’s BOI report on time can result in exorbitantly high fines (i.e., $591 per day) or even jail time (up to two years).

Note: Not every LLC owner is required to file a BOI report. For example, companies with more than 20 full-time employees, accounting firms, and banks are exempt. For a full list of filing exemptions, you can have a look at FinCEN’s website.

How to Maintain Your New Jersey LLC

In order to keep operating legally in the state of New Jersey, there are a couple of things you’ll need to take care of including:

Submitting an Annual Report

In order to keep your LLC in good standing with the state, you will need to submit an annual report to the NJ Department of the Treasury.

This report must be filed by the end of the month that marks the anniversary of your LLC’s formation date.

This filing costs $75 and can be submitted through New Jersey Annual Reports and Change Services online portal.

It should be noted that the responsibility to file the annual report with the New Jersey Department of the Treasury rests solely on you, regardless of whether you receive a reminder from the state or not.

If you do not submit this report by the due date, your LLC will face the risk of being dissolved by the state.

New Jersey vs Other States

New Jersey’s location in the Northeastern corridor provides businesses with unparalleled access to some of the nation’s largest markets, including New York City and Philadelphia. 

New Jersey also benefits from a well-educated workforce and a high concentration of scientific and technical professionals, which can be particularly advantageous for technology and research-focused businesses.

Having said that, it’s important to note that New Jersey imposes quite stringent reporting requirements and higher taxes in comparison to some of the other states.

For example, while New Jersey businesses must face a corporate tax rate that can reach up to 9%, states like Texas and Florida offer more favorable tax conditions with no state income tax, which can lead to substantial savings for businesses operating within their borders.

Having said that, it’s important to note that the best state to form your LLC in will almost always be the state that you will be operating in; this is because otherwise you’ll likely be required to register as a foreign LLC in your home state, meaning that you’ll need to pay registration and maintenance fees twice.

New Jersey Division of Revenue and Enterprise Services Contact Information

Mailing Address:
P.O. Box 252
Trenton, NJ 08646

Physical Address:
33 West Street
Trenton, NJ 08608
Monday – Friday, 8:30 a.m. – 4:30 p.m.

Contact Information:

Email: Contact Us Form
Phone: (609) 292-9292