If you already have an LLC in another state and want an LLC in NJ, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in New Jersey.
On this page, you’ll learn about the following:
- Forming an New Jersey Foreign LLC
- Steps to File New Jersey Foreign LLC Online
- After Forming New Jersey Foreign LLC
Forming an New Jersey Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in New Jersey, you need to register it with the New Jersey Division of Revenue.
Step 1: Choose New Jersey Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the New Jersey Division of Revenue. Your LLC’s legal name outside of New Jersey will be listed on the application, along with the name it will use in New Jersey. Take note of the requirements for naming your LLC.
Step 2: Select New Jersey Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in New Jersey and take note that a New Jersey registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of New Jersey Foreign LLC
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in New Jersey
- Date when your LLC will start operations in New Jersey.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in New Jersey, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your New Jersey Foreign LLC is taxed
Foreign LLCs are also subjected to the New Jersey Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to File New Jersey Foreign LLC Online
Time needed: 5 minutes
To start your foreign business LLC in the State of New Jersey, you are required to file for the Certificate of Authorization. The cost of filing an application for the New Jersey Foreign LLC Certificate of Authority is $125. After getting approved by the Secretary of State office, you will receive a Certified Copy of your Registration. We have explained the aspects you need to cover when you apply for the New Jersey Foreign LLC Certificate of Authority,
- Go to the Official Website of the New Jersey Secretary of State
Visit the Business Formation page on the Official website of the Secretary of State of New Jersey. The page consists of different online services and serves as a one-stop solution to domestic as well as foreign business filings.
- Starting a Business
On this page, scroll down select the option of: “Starting a business”. Select the option and click on “Get Started” to move on to the next page.
- Register your Business
On the next page, proceed to the option of ‘Register your Business’. On the next page, click on the ‘Complete the business formation’ tab. The NJ Portal opens us. Start to fill in the information about your New Jersey Business LLC.
- Business Name Search
This is the first page of the online application. Select the type of business from the drop-down menu as ‘NJ Foreign Limited Liability Company (FLC)’. Next, in the space provided for the business name, fill in your proposed business name. You can also refer to the naming guidelines issued by the State to select an appropriate name for your business LLC. Next, press the ‘Continue’ tab.
- Business Designator
On the next page, choose the designation of your business LLC name, such as LLC or L.L.C, etc. This section also forms the name of your business LLC. Next, press the ‘Continue’ tab.
- Business Information
On the next page, fill in the information related to your business, such as Employer Identification Number, NAICS Code, Effective date, State of Formation, and Date of Formation. Next, press the ‘Continue’ tab.
- Business Purpose
On the following page, describe the nature, character, and purpose of your business LLC. You can write your information in a maximum of 300 characters. You can also upload the description of your business LLC using the ‘Upload’ option. You can also refer to the ‘More Information’ link to learn more about writing a suitable description of your business LLC. After completing the section, select the ‘Continue’ option.
- Main Business Address
On the next page, you must provide the street address of the main business location of your business LLC. Next, select the ‘Continue’ tab.
- Information about Registered Agent
In the next section, you must provide the information related to your registered agent in the State of New Jersey, such as Agent number or office address details. If you wish to provide the office address details, click on the ‘Enter a Registered Agent/Office’ link provided on the page. Next, press the ‘Continue’ tab.
In the next section, you must provide your signatures for the authentication of your business documents. These signatures indicate your acceptance of the certificate and your intent to formally execute the filing. At least one signer is required and you can have a maximum of up to 10 signers by clicking on the ‘Add new Signer’ option. Press ‘Continue’ to proceed.
- Review the application
Before making the payment, visit the review page and check every information entered by you thoroughly. All the information should be accurate and correct to your knowledge. You are also required to submit the Certificate of Good Standing issued by the relevant authorities from the State of original jurisdiction.
- Make the Payment
This is the final step of your application. Make an online payment of $125 as the filing fee for your application for the New Jersey Foreign LLC Certificate of Authority. You can make this payment using a credit card or eCheck. After successful payment, you will receive a notification from the Secretary of State office acknowledging your application.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in New Jersey.
After Forming New Jersey Foreign LLC
Here are added things you need to accomplish after forming your New Jersey Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in New Jersey.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in New Jersey as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
How Much Does It Cost to Register a Foreign LLC in New Jersey
To register as a foreign LLC in New Jersey, you can file online by paying a filing fee of $125 to the New Jersey Secretary of State.
The financial aspect of foreign LLC registration in New Jersey involves several elements that potential business owners must be aware of. Firstly, the registration fee is a fundamental expense. This fee covers the processes and paperwork required to officially establish your foreign LLC within the state. It is important to keep in mind that the registration fee may vary based on several factors, including the complexity of your business structure and the services provided by the registered agent.
Alongside the registration fee, a legal advertisement, known as a notice publication, is often required. This helps to inform the public that your foreign LLC intends to operate in the state. The costs associated with the notice publication may vary depending on the specific requirements of the county in which you choose to establish your LLC.
Moreover, it is essential to consider hiring a registered agent. A registered agent is responsible for receiving official documents on behalf of your foreign LLC. New Jersey law mandates having a registered agent within the state for any foreign LLC doing business in New Jersey. Utilizing a registered agent also helps maintain constant communication with state authorities, ensuring compliance with all legal obligations.
Additionally, engaging the services of an attorney or a professional incorporation service provider may have associated costs. While it is not required to have legal representation during the foreign LLC registration process, getting assistance from experts helps ensure compliance with state regulations and prevents potential setbacks or errors.
It is worth mentioning that the aforementioned costs merely cover the initial steps to establish a foreign LLC in New Jersey. Additional ongoing expenses to keep your foreign LLC in good standing include annual reports and franchise taxes. Annual reports provide updates on your company’s information, such as address, directors, and officers, contributing to maintaining accurate records with the state. Franchise taxes, on the other hand, are levied by the state on businesses for the privilege of operating as an LLC.
While there are indeed costs associated with registering a foreign LLC in New Jersey, entrepreneurs should view them as essential investments in securing their presence in this promising business landscape. Although the precise amount required to register a foreign LLC in New Jersey varies depending on individual circumstances, it is crucial to allocate a budget for these expenses in order to navigate the process smoothly.
Expanding one’s business to new markets always comes with certain financial commitments. The costs associated with registering a foreign LLC in New Jersey serve to establish a legal presence and enable businesses to enjoy the vast opportunities the state offers. By being informed about the probable expenses, entrepreneurs can ensure their compliance with state regulations, safeguard their business interests, and embark on a path towards successful expansion.
Starting a foreign LLC in New Jersey does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.