How to Form an LLC in New Jersey

By Lauren Ward. January 22, 2025 · 7 minute read

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How to Form an LLC in New Jersey

Creating a Limited Liability Company (LLC) in New Jersey is one of the first steps to officially launching your business within the state. You can have one or more owners (called members) as an LLC and receive personal liability protection in case your LLC is ever sued or faces bankruptcy. That means you won’t risk losing any of your personal assets like your home or car if your business has legal or financial issues in the future, which is one of the primary differences between an LLC and sole proprietorship.

Looking for easy ways to open a company in New Jersey as an LLC? Here’s everything you need to start your new business in the Garden State.

Key Points

•   Write a business plan using New Jersey’s free template and seek counseling from the NJ SBDC Network or other recommended resources.

•   Research and reserve a unique business name through the NJ Department of the Treasury’s database for up to six months.

•   Choose a registered agent with a New Jersey address, which can be an individual or a professional service.

•   File a Certificate of Formation for $125, obtain an EIN, and receive a Certificate of Formation and state Entity ID.

•   Register for taxes, obtain a Business Registration Certificate, and file an annual report for $75 to maintain compliance.

Pre-Formation Checklist

Before you learn how to start an LLC in NJ, follow a few steps to set yourself up for success over the long run.

•  Write a business plan: The state of New Jersey provides a free online business plan template. If you need help, the state also offers free business counseling through the New Jersey Small Business Development Center Network.

•  Research local regulations: Depending on your industry and location, your county or municipality may have additional regulations you must adhere to in addition to state laws.

•  Get additional help: On top of the NJ SBDC Network, the state also recommends resources like the Small Business Administration, SCORE Mentors, Women’s Center for Entrepreneurship (Northern New Jersey), and LAEDA Southern New Jersey.

Once you’ve done the prep work, you can formally start the process of forming your New Jersey LLC.

Name Selection Requirements

The first step is to research available business names in New Jersey. You can’t use a name for your LLC that is already taken by another business in the state. Perform a search through the NJ Department of the Treasury’s database of business names.

While not required, you should also make sure your preferred business name isn’t trademarked through the U.S. Patent and Trademark Office.

Once you select an available name, you can reserve it for up to six months for a $50 fee. You can officially register your business name once you have your Certificate of Formation from the state.

Registered Agent Selection

Another part of the LLC formation process in New Jersey is to identify a registered agent. This is a person or company tapped to receive legal documents for the business. It can be you or someone else as long as the registered agent has an address in New Jersey.

Hiring a registered agent service is beneficial in several scenarios:

•  You have a home-based business and don’t want your address published

•  You live outside of New Jersey or operate in multiple states

•  You want a professional to help you stay in compliance with state regulations

Business License Research

In addition to forming your LLC in New Jersey, you may need additional licenses in order to remain in compliance. Typically, local jurisdictions require you to get a general business license, and certain industries may also be subject to additional licensing from the state.

Search the New Jersey Licensing and Certification Guide to see what permits, licenses, and certifications may be required at the state level for your business.

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Filing Requirements

With much of the preliminary work complete, it’s time to start completing forms for your New Jersey LLC.

EIN Registration

An employer identification number (EIN) is required before you submit your formation documents with the state of New Jersey. An EIN is like a social security number for businesses and is obtained through the IRS, even if you’re a single-member LLC with no employees.

The fastest way to get your EIN is to apply through the IRS website during the available hours, which are Monday through Friday, 7 a.m. to 10 p.m. EST. There’s no fee and it takes just a few minutes to get your number online.

Certificate of Formation

Once you have your EIN from the IRS, you can form your NJ LLC online using the state’s Business Formation tool. Be prepared to have the following information on hand to complete your form:

•  Business name

•  Business structure

•  Employer identification number (EIN)

•  Business description and address

•  Registered agent information

After the state approves your registration, you’ll receive a Certificate of Formation along with a state Entity ID.

Recommended: Business Lines of Credit

Operating Agreement

While an operating agreement isn’t required in New Jersey, it can be a useful document to have on hand as you grow your business. The main purpose of an operating agreement is to outline how the LLC will make financial and business decisions. It’s especially helpful when there are multiple members.

For instance, it could outline the process of how to buy out a business partner and how and when to apply for LLC business loans.

It could also explain how you will handle lending personal funds to your own LLC.

Costs and Timeline

The Certification of Formation for an LLC in New Jersey costs $125. There is also a $100 fee if you need to file an amendment or a correction. The state doesn’t offer a timeline for how long it takes to process a standard formation request, but there are expedited services available for an additional fee.

However, these faster turnaround times don’t apply to online applications. Instead, you’ll need to make your request in person at the Trenton office, via fax, or courier service. Here are the additional fees for a faster processing time:

•  Same-day fax filing: $50

•  2 hour service fee per document: $500

•  1 hour service fee per document : $1,000

Post-Formation Requirements

After receiving your Certificate of Formation, you also need to register for taxes with the NJ Division of Revenue & Enterprise Services using Form NJ-REG.

Once that is complete, you can obtain a Business Registration Certificate, which allows you to apply for public contracting opportunities and New Jersey grants and tax credits. You can also take advantage of federal tax benefits of an LLC, such as pass-through taxation.

Maintaining Your LLC

Another responsibility to remember after forming your LLC is to file an annual report each year, which costs $75. It’s due on the last day of the month in which you formed your business. The annual report process is simple and involves confirming your business and registered agent addresses are current.

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The Takeaway

Now that you know how to create an LLC in NJ, you’ll feel confident every step of the way as you launch your new business. You’ll also be prepared for growth opportunities when you have a strong foundation in place.

Explore SoFi’s small business loan network to get the financing you need at the right time.

If you’re seeking financing for your business, SoFi is here to support you. On SoFi’s marketplace, you can shop and compare financing options for your business in minutes.


With one simple search, see if you qualify and explore quotes for your business.

FAQ

How much does it cost to form an LLC in New Jersey?

It costs $125 to get a Certificate of Formation in New Jersey. You can also pay additional fees to reserve a business name in advance and expedite the processing time.

How long does it take to get approved?

New Jersey does not provide a clear timeline on how long it takes to process a business formation application. However, you can get same-day service for an extra cost.

Do I need a lawyer to form an LLC in NJ?

No, you aren’t legally required to use a lawyer when forming an LLC in New Jersey. However, it may be wise to hire one if you have multiple members and need to create an operating agreement that covers everyone’s best interests.

What are the ongoing requirements for NJ LLCs?

Each year, you need to file an annual report with the state in order to confirm your business address and registered agent details. This service costs $75. You also need to comply with any relevant business license regulations and state and federal tax filing deadlines.

Can I form an LLC if I live outside New Jersey?

Yes, New Jersey offers an out-of-state business registration. It’s designed for companies that have operations in NJ, only have employees or sell goods in New Jersey, or want to apply for contracts with any level of the New Jersey government.


Photo credit: iStock/LeoPatrizi

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