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A New Jersey LLC begins with one filing: the Certificate of Formation. You send it to the New Jersey Department of the Treasury, most easily through the online business formation portal. The fee schedule puts it at $100. After that the state asks for a $75 annual report. For searching records, see our New Jersey business guide.
Which filing makes the LLC exist?
The Treasury lists "Certificate of formation" under its LLC filing fees, at $100. The certificate of registration for an LLC formed in another state is also $100. If you already have an LLC elsewhere, read foreign LLC registration first, because registering is a different filing from forming.
Do you need the EIN before you file?
New Jersey sends you to the IRS first. Its getting registered page says LLCs must obtain an employer identification number, and then complete two filings:
- The Certificate of Formation, filed online.
- The tax and employer registration, Form NJ-REG, also filed online.
Once both are done you can obtain a Business Registration Certificate. The state says it is used for public contracting and for applying for state grants and tax credits. Our guide on how to get an EIN covers the IRS step.
How do you check the name, and should you reserve it?
Search the Treasury's business name tool first. The rule is that the name cannot be the same as or similar to another active entity. The tool is strict: spacing and punctuation change the results. Filing under a name already in use is denied.
A reservation costs $50 and lasts 6 months. Business.NJ.gov calls reserving a name optional and not recommended, and gives a reason that matters here. A reserved name cannot be used in the online system. Cancelling a reservation is a lengthy process and costs a fee. If you plan to file online, skip the reservation and file the certificate.
Who can be the registered agent?
The LLC Act, at C.42:2C-14, requires the LLC to keep a New Jersey office and an agent for service of process. The agent can be an individual who lives in New Jersey or another person authorized to do business in the state. If an LLC has no agent, the filing office becomes its agent for service under C.42:2C-17. Our New Jersey registered agent page covers changes and the $25 fee.
How do you file, step by step?
- Search the name and confirm it is free.
- Get your EIN from the IRS.
- Name your New Jersey agent and office address.
- Open the portal, complete the Certificate of Formation and pay $100.
- File Form NJ-REG for tax and employer registration.
Speed is limited. The fee schedule says expedited service applies only to over-the-counter filings. For an LLC it lists a 2 hour service at $500 and a 1 hour service at $1000 per document. An online filing has no paid fast lane on that schedule.
What do you do once the LLC is approved?
Write the operating agreement. It is an internal paper and this page does not claim New Jersey asks you to file it. Then keep your agent details current and open a business account in the LLC's name. If you live outside New Jersey, the state still lets you form here; see LLC for non-residents.
What does New Jersey upkeep look like?
The annual report costs $75 for an LLC. Under C.42:2C-26 it gives the LLC's name and address, the name and address of its registered agent, and the names and addresses of its managers or managing members. The fee schedule does not state a due date, so read your portal account for yours.
If no report is filed for two consecutive years, the LLC's certificate moves to an inactive list. The statute says the members keep their limited liability while it sits there. The name, though, becomes available to other LLCs. The Treasury's reinstatement page says online reinstatement starts with filing the annual report.
A certificate of standing, short form, is $50 for an LLC.
Compare New Jersey with its neighbours: New York, Pennsylvania and Delaware. When you are ready, use the start an LLC form.
After approval, check the rules in our New Jersey business license guide.