How to File an LLC Certificate of Formation in New Jersey


Steve Bennett
Steve Bennett
Business Formation Expert
Steve runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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The Certificate of Formation is one of the main documents required while forming an LLC in New Jersey. The document needs to be filed with the Secretary of State in New Jersey to share all the important information related to the limited liability company that is going to be established.

On this page, LLCBuddy editors put all the information together about how to file the Certificate of Formation in New Jersey. There might be several ways to file the formation document, online, by mail, fax, or by in-person visit to the office. Let’s dig more to check the available and easy ways in New Jersey to file the Certificate of Formation while forming the LLC.

What is an LLC Certificate of Formation in New Jersey?

The Certificate of Formation for an LLC is the most important document among all. In general, establishing an LLC is much simpler than other types of business structures such as corporation or partnership. Among a few mandatory documents to file, Certificate of Formation is one of the main papers.

By submitting the Certificate of Formation, the LLC owners provide all sorts of information related to the LLC. Upon approval of the documents and information provided by the LLC, they can register their business with New Jersey Secretary of State.

Each state has a different requirement to fill out a form. The Certificate of Formation usually includes the following:

  • The name of the LLC in New Jersey,
  • The effective date of the LLC,
  • The company’s principal office,
  • The business purpose,
  • The duration of the business,
  • A copy of the LLC’s name registration certificate, and
  • The name and address of the Registered Agent, organizers, and
  • At least one member of the company

Note that the Certificate of Formation in New Jersey is a legal requirement, not to mention, the core of your LLC. It even makes up the bulk of your New Jersey LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.

How to File New Jersey LLC Certificate of Formation

Filing an LLC Certificate of Formation with the State is easy. There are several ways to file it. As mentioned, the filing can be done online, by sending the PDF form by mail, or by other means (physical visit or fax). Statewise filing methods can be different. Alternatively, hiring a third-party service can make a lot of difference compared to doing it on your own. They help the LLCs to file documents easily without any complications. In New Jersey, the following methods are available.

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Step 1: Find Forms Online

Go to the New Jersey Secretary of State to download the Certificate of Formation form for your LLC or to log into the online service.

Step 2: Fill Out Form

When filling out the form, you must have reserved an LLC name. Do a name search. Go to New Jersey LLC Name Search to check whether your chosen business name is available to use in this state.

You must attach a copy of your Name Reservation to your filled-out Certificate of Formation form when filing. You also need to mention the name and address of the New Jersey Registered Agent. We recommend the best LLC services in New Jersey that you can choose to form your LLC, hire the Registered Agent, and file the Certificate of Formation with the SOS.

If you plan to start an LLC in states other than New Jersey, you must file a foreign LLC in other states. For filing a foreign LLC you can explore the best LLC services that operate in 50 other states along with New Jersey.

What information does the Certificate of Formation application need in New Jersey?

The application form for the Certificate of Formation needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.

Step 3: File Formation Certificates

File your formation certificate either online or by mail (whichever is available and convenient for you) by filling out the form and sending it to the New Jersey Division of Revenue, P.O. Box 308, Trenton, NJ 08646. For online filing, you must log in to the New Jersey Secretary of State or register with the portal. Submit the form online (if available).

Pay the required filing fee at the time of form submission to complete the LLC registration. For online filing, payment should be made using Credit or Debit Cards. For offline filing, payment should be made using a Cheque or in cash (if available).

Cost of Filing New Jersey Certificate of Formation

cost

LLC cost in New Jersey includes all types of fees starting from name reservation fee, DBA filing fee ($50), Registered Agent costs, and Certificate of Formation fee. In New Jersey, the filing fee of a formation document is $125 (by mail and online). The standard fee for filing the Certificate of Formation allows one to file the LLC within the standard time. However, by paying additional fees, you can expedite the process, and can be done as soon as within a few hours (depending on state rules).

Hiring a professional service can reduce some of the costs while filing an LLC. However, the state filing fee is mandatory and has to be paid at the time of registration. We recommend hiring ZenBusiness as it offers filing an LLC at $0 (plus state filing fee).

Amend New Jersey Certificate of Formation: If you make any changes to your LLC, you must file the changes with the Secretary of State. To do so, you must Amend New Jersey Certificate of Formation. LLCs can get the amendment form, fill it out with the changed/updated information, and send it back to the SOS online or offline.

FAQs

What is a Certificate of Formation for an LLC in New Jersey?
A Certificate of Formation is a legal document that officially forms an LLC in the state of New Jersey.
How do I file a Certificate of Formation for an LLC in New Jersey?
The Certificate of Formation can be filed online through the New Jersey Division of Revenue and Enterprise Services website.
What information is required on the Certificate of Formation in New Jersey?
The Certificate of Formation must include the LLC’s name, registered agent, business purpose, duration, and the names and addresses of the members or managers.
How much does it cost to file a Certificate of Formation for an LLC in New Jersey?
The filing fee for a Certificate of Formation in New Jersey is $125.
Are there any ongoing requirements for an LLC in New Jersey after filing the Certificate of Formation?
Yes, LLCs in New Jersey are required to file an annual report and pay a yearly fee to maintain good standing.
Can I expedite the processing of my Certificate of Formation in New Jersey?
Yes, expedited processing is available for an additional fee.
How long does it take to process a Certificate of Formation for an LLC in New Jersey?
Typically, it takes 3-5 business days for the Division of Revenue to process a Certificate of Formation.
Can I reserve a name for my LLC in New Jersey before filing the Certificate of Formation?
Yes, you can reserve a name for 120 days by filing a Name Reservation with the Division of Revenue.
Can I operate my LLC in New Jersey without filing a Certificate of Formation?
No, it is illegal to operate an LLC in New Jersey without filing a Certificate of Formation.
Are there any restrictions on the name I can use for my LLC in New Jersey?
Yes, the name must be distinguishable from any other business name registered in New Jersey.
Do I need an attorney to file a Certificate of Formation for an LLC in New Jersey?
No, you can file the Certificate of Formation yourself, or you can hire an attorney to assist you.
Can an individual be the only member of an LLC in New Jersey?
Yes, New Jersey allows for single-member LLCs.
Can I change the name of my LLC after filing the Certificate of Formation in New Jersey?
Yes, you can change the name of your LLC by filing an Amendment to the Certificate of Formation.
Can I withdraw my LLC from New Jersey if I no longer want to do business in the state?
Yes, you can file a Certificate of Dissolution to formally terminate your LLC in New Jersey.
Does a Certificate of Formation need to be notarized in New Jersey?
Yes, the Certificate of Formation must be signed and acknowledged before a notary public.
What is the registration process for a foreign LLC in New Jersey?
Foreign LLCs must file a Certificate of Authority with the New Jersey Division of Revenue.
Is there a publication requirement for LLCs in New Jersey?
Yes, LLCs in New Jersey must publish a notice of formation in a local newspaper within 90 days of filing the Certificate of Formation.
Are there any tax implications for LLCs in New Jersey?
LLCs in New Jersey are subject to state taxes, including the Corporation Business Tax.
Can I change the registered agent of my LLC in New Jersey?
Yes, you can change your LLC’s registered agent by filing a Change of Registered Agent form with the Division of Revenue.
Can I transfer my LLC from another state to New Jersey?
Yes, you can domesticate a foreign LLC by filing a Certificate of Conversion with the New Jersey Division of Revenue.
Are there any special provisions for professional LLCs in New Jersey?
Yes, professional LLCs must comply with additional licensing requirements and regulations.
Can operating agreements be filed with the Certificate of Formation in New Jersey?
No, operating agreements are internal documents and do not need to be filed with the state.
Can I amend the Certificate of Formation of my LLC in New Jersey?
Yes, you can file an Amendment with the Division of Revenue to make changes to your LLC’s Certificate of Formation.
What happens if I fail to file an annual report for my LLC in New Jersey?
Failure to file an annual report can result in penalties, fines, and the loss of good standing for your LLC.
Can I convert my LLC into a different business structure in New Jersey?
Yes, you can convert your LLC into a corporation or another business entity by filing the appropriate forms with the Division of Revenue.
Can I reinstate my LLC in New Jersey if it has been administratively dissolved?
Yes, you can apply for reinstatement by filing a Reinstatement Application and paying any outstanding fees.
Can I apply for tax exemptions for my LLC in New Jersey?
Yes, certain types of nonprofits and charitable organizations may qualify for tax exemptions in New Jersey.
Can I obtain a Certificate of Good Standing for my LLC in New Jersey?
Yes, you can request a Certificate of Good Standing to prove that your LLC is in compliance with state regulations.
Is there a grace period to file an annual report for my LLC in New Jersey?
No, annual reports must be filed by the due date to avoid late fees and penalties.
Can my LLC be involuntarily dissolved in New Jersey?
Yes, LLCs that fail to comply with state regulations, pay taxes, or file annual reports may be involuntarily dissolved by the state.

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In Conclusion

The formation document or the Certificate of Formation is the main document you need while forming your limited liability company in New Jersey. Certainly, you must attach supporting documents such as a name reservation certificate, registered agent name and address, and others. In New Jersey, filing the Certificate of Formation is easy. However, mistakes can happen if you are a beginner or a first-time business filer. It is suggested to hire a professional service.

LLCBuddy editors recommend ZenBusiness, as it not only offers free LLC formation service ($0), but also, offers other services such as Registered Agent, operating agreement, EIN, Standing Certificate for foreign LLC establishment, business name search, and many more.

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