New Jersey LLC Form, Filing and Permit Requirements

If you want to form an LLC in New Jersey, there are certain forms, requirements and legalities you need to get in place. Below is a rundown of what you’ll need to do, together with details on each form required for your New Jersey LLC. Some of these forms you only need to submit once, while others must be filed on a regular basis. You will need to set reminders in your calendar to file forms regularly if you're filing yourself — here at Incfile, we offer a paid service to take care of form renewals for you.

A Public Records Filing for New Business Entity

The Public Records Filing for New Business Entity is the formal document filed with the New Jersey Department of the Treasury to create your LLC. It states certain information about your business. Once the document is filed with the Department of the Treasury, it legally creates your business as an LLC in New Jersey. Here’s what’s typically included:

• Your business name and address
• Details of your Registered Agent
• Names of any managers or members of the LLC at the time of filing

Here at Incfile we automatically create and file your Public Records Filing for New Business Entity on your behalf when you start your business with us. You only need to file your certificate once. There is a fee levied by the Department of the Treasury of New Jersey to cover your filing. The fee is currently $125. You only need to file once.

Application for Registration for Tax Purposes

LLCs must file an Application for Registration with the New Jersey Division of Taxation. This allows you to receive and provide tax information. You must file this even if you don’t plan to collect, withhold, or pay taxes. You must file your application at least five business days before you start doing business and fifteen days before if you will be collecting sales tax.

If you have are going to employ people in New Jersey, you will need to register for Employee Withholding Tax and Unemployment Insurance Tax.

New Jersey Professional LLCs

In many states, certain professions can form “Professional LLCs.” These are companies providing defined, professional services, and they typically need to be specially licensed. New Jersey does not designate or recognize professional LLCs and there are no specific laws or statutes that apply only to professional LLCs. Instead, professionals of various types may form a regular LLC as normal.

Incfile provides a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new professional LLC.

Business Licenses for Your New Jersey LLC

Depending on the type of New Jersey business you’re running, you will need to obtain various business licenses and permits.

A business permit or license from your city

Various cities in New Jersey have slightly different rules and fees for permits and licenses. Check with your local New Jersey city administration to see what their rules are. You will need a separate permit or license for each city your New Jersey LLC operates in.

Additional business permits and licenses

Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state of New Jersey.

Frequently Requested Licenses & Registrations

• Home Improvement Contractors & Landscapers
• Child Care Centers
• Limousine Companies
• New Home Builder Registration and Renewal
• Combined Cigarette License Application
• Restaurants and Food Preparation for Retail Sale
• Telemarketing Companies [pdf 151KB]
• Employment Agency including Temporary Employment, Nurse Registry, Home Health Aid, etc.
• Pesticide Applicator/Operator/Business

You can get an idea of the types of permits and licenses you might need from the New Jersey Business Action Center.

Federal Licenses and Permits

Depending on the type of New Jersey business you are running, you may need to get licenses and permits from the federal government and various national agencies. You can find a complete list on the US Small Business Administration website.

Incfile Business License Research Package

You will need to pay licensing and permit fees on a regular basis depending on the type of business you are operating and where you are located. These do vary from city to city and industry to industry. If you don’t want to do the legwork yourself, we provide a complete Business License Research Package that will tell you all of the licenses and permits for your new LLC. It includes:

• A comprehensive package of all the licenses, permits and tax registrations required for your business
• The application forms to file with the appropriate licensing authorities
• Your customized Business License Research Package will be emailed to you within two days of your company being filed by the state
• Remember that operating your business without the required licenses can expose you to risks and fines from state and local governments

Operating Agreement for Your New Jersey LLC

Setting up an LLC is easy, but actively managing one can be more complex. An operating agreement defines how your business works and ensures all the founders, owners, members or managers have a common understanding. An operating agreement normally covers areas including:

• Legal Standing: Declares the legal standing of your LLC, that it was formed in New Jersey and including dates, formation details and other important legal information.
• LLC Ownership: States how ownership of the business is split between members. This influences how the business is run, voting rights and several other areas.
• Ownership Percentages: Defines the amount each member has invested and the percentage of ownership of each New Jersey LLC member.
• LLC Management Type: States whether your LLC will be managed by managers (people the owners appoint or its members (owners).
• Management Relationships: Declares the relationship between the members and the managers of your New Jersey LLC including the roles, rights and responsibilities of each.
• Voting Powers and Decision Authority: States how high-level decisions will be presented, discussed and acted on, including the voting rights of each LLC member.
• LLC Rules: Defines the rules, procedures and policies to follow for adding, removing, amending and making other changes to members and managers. This includes moving ownership between members.
• Profit and Loss Allocation: How profits or losses will be split and allocated between New Jersey LLC members.

You are not required by New Jersey state or federal law to have an operating agreement for your LLC, but we recommend one for several reasons. An operating agreement:

• Strengthens your legal standing as an LLC and adds credibility for your organization
• Clearly states how your business will operate, so there’s no confusion or ambiguity
• Reduces misunderstandings and disagreements between LLC members, important for a harmonious business
• Allows you to create your own rules for your LLC, rather than being subject to the default New Jersey state rules for an LLC
• Reduces the need for every member of an LLC to approve and sign off on every decision

Your operating agreement only needs to be created once and will need to be updated if significant changes are needed.

Annual Report for your New Jersey LLC

You must File an Annual Report with the New Jersey Department of the Treasury on an annual basis, by the anniversary of your business formation. The cost is currently $50. If you do not file your annual report you may be charged a late fee and your LLC may be dissolved. Here at Incfile, we can file your Annual Report on your behalf.

As you can see, there are several forms and permits you need to conduct business, both initially and that you’re required to submit on an annual basis.

Ready to Start your New Jersey LLC?

Incfile provides a cost-effective service to help you create your New Jersey LLC. We guide you through the process and handle most of the administrative steps, such as Filing the Public Records Filing for New Business Entity on your behalf. Our basic package also provides a free Registered Agent service for the first year. If you're looking for help to start an LLC, our comprehensive services provide outstanding value.