How to form an LLC in New Jersey

New Jersey offers moderate LLC formation costs with a $125 Certificate of Formation fee and fast online processing that typically completes within 1-3 business days. The state requires additional post-formation tax registration through Form NJ-REG within 60 days, creating a two-step compliance process that catches many new business owners off guard.

New Jersey requires three essentials under the New Jersey Revised Uniform Limited Liability Company Act (RULLCA): a proper name ending with "LLC" or similar designator, a registered agent with a New Jersey street address, and a Certificate of Formation filed with the Division of Revenue and Enterprise Services. The state also mandates $75 annual reports due by the last day of your formation anniversary month.

New Jersey LLC formation requirements

New Jersey establishes straightforward formation requirements, with additional post-formation tax registration obligations.

Core Requirement New Jersey Rule
LLC Name Must be distinguishable and include "Limited Liability Company," "L.L.C.," or "LLC"
Registered Agent Individual (18+) or business with a physical New Jersey address
Certificate of Formation File with Division of Revenue; $125 state fee
Operating Agreement Internal contract; not filed with the state

Certificate of Formation filing fees

New Jersey offers both online and paper filing options, with significant processing time differences between methods.

Filing Method State Fee Submission Channel
Online (preferred) $125 Division of Revenue portal
Paper (mail or in-person) $125 Mail to Division of Revenue

Online filing through the Division of Revenue portal provides much faster processing and immediate payment confirmation, making it the preferred method for time-sensitive formations.

Step-by-step LLC formation process

Step 1: Choose your LLC name

New Jersey requires LLC names to include "Limited Liability Company," "L.L.C.," or "LLC" and be distinguishable from all existing businesses in the state database. Search the New Jersey Division of Revenue's business database to verify availability before filing.

Avoid restricted terms like "bank," "insurance," or "corporation" without proper licensing authorization. Words suggesting government affiliation will result in automatic rejection.

Reserve your chosen name for 120 days by filing a name reservation for $50. This protects your name while preparing formation documents or securing funding. If you plan to operate under a different trade name, you can register an alternate name for $50 after formation.

Step 2: Appoint a registered agent

New Jersey law mandates every LLC to maintain a registered agent with a physical street address in New Jersey to receive legal documents, state correspondence, and service of process. P.O. boxes are prohibited under state regulations.

Your registered agent must be:

  • A New Jersey resident aged 18 or older, or
  • A business entity authorized to provide registered agent services in New Jersey
  • Available during normal business hours to accept documents
  • Willing to provide written consent to serve

You can serve as your own registered agent at no cost, but this puts your address on public record and requires your availability during business hours. Professional registered agent services typically cost $100-$300 annually and provide privacy protection, guaranteed availability, and professional document handling.

Step 3: File Certificate of Formation

The Certificate of Formation legally establishes your New Jersey LLC. Complete all required sections, including:

  • LLC's exact name with proper designator
  • Principal office address
  • Registered agent's name and New Jersey street address
  • Management structure (member-managed or manager-managed)
  • Organizer's name, address, and signature

File online through the Division of Revenue portal for the fastest processing, or mail completed forms to the New Jersey Division of Revenue and Enterprise Services

The $125 filing fee applies to both methods. Online submissions process within 1-3 business days, while paper filings take 3-4 weeks for completion.

Step 4: Create an Operating Agreement

While New Jersey doesn't require an Operating Agreement, creating one provides essential legal and operational protections. This internal document defines ownership structure, management authority, and operational procedures without state filing requirements.

Critical provisions include:

  • Member ownership percentages and capital contributions
  • Management structure (member-managed vs. manager-managed)
  • Voting procedures and decision-making authority
  • Profit distribution and loss allocation methods
  • Member admission and withdrawal procedures
  • Dispute resolution mechanisms and dissolution procedures

For single-member LLCs, an Operating Agreement demonstrates business separation from personal affairs, strengthening liability protection. Multi-member LLCs especially benefit from written agreements preventing costly disputes over ownership, management decisions, and financial distributions.

Step 5: Obtain required licenses and permits

Beyond LLC formation, complete federal and state registration requirements to operate legally. Most importantly, file Form NJ-REG within 60 days of formation to register for New Jersey tax obligations—missing this deadline can result in penalties and compliance issues.

Obtain a free Employer Identification Number (EIN) from the IRS using Form SS-4, required for business banking, tax purposes, and hiring employees.

Check with local governments about municipal permits, zoning approvals, or health department authorizations required for your business activities. Professional services may require additional licensing through state regulatory boards.

New Jersey LLC ongoing compliance requirements

Creating your LLC is just the beginning. Staying compliant requires your consistent attention. New Jersey demands:

  • Annual reports, which are due by the last day of the month in which you completed formation, with a $75 filing fee
  • Maintaining your registered agent
  • State tax filings as required
  • Keeping good standing with the state

Your tax situation depends on your business structure. Single-member LLCs file with personal taxes, while multi-member LLCs may need to file partnership returns.

FAQs about forming an LLC in New Jersey

What is the cost to start an LLC in New Jersey?

The Certificate of Formation costs $125. Add $0 if you're your own registered agent, or $100 to $300 annually for professional services, plus an optional $50 name reservation fee. Most owners spend between $125 and $475 to get started.

How long does formation take?

Online filings typically process within 1-3 business days. Paper submissions take 3-4 weeks.

Is an operating agreement required?

No, but you'd be smart to have one. Banks, investors, and even solo entrepreneurs rely on it to establish ownership, determine profit distribution, and resolve disputes. You can write it yourself at no cost.

When are annual reports due?

Annual reports are due by the last day of the month in which you completed your business formation, with a $75 fee.

Can I form an LLC in another state if I operate in New Jersey?

Yes, but you'll need to register as a foreign LLC once you "transact business" in New Jersey, paying both home-state and New Jersey fees.

Let Discern handle your New Jersey LLC formation filings

Discern automates New Jersey LLC formation, handles post-formation tax registration requirements, and tracks annual report deadlines automatically across all 51 jurisdictions. 

Our system handles multi-state compliance simultaneously, pre-fills forms with your entity information, and ensures you never miss a critical deadline again. Book a demo with Discern to get started.

Graphic image of New Jersey state silhouette in grey on a dark teal background with white text that says 'How to Form an LLC in New Jersey' positioned on the left side
Author
The Discern Team
Published Date
August 19, 2025
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