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
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.
Check name availability at New Jersey’s business entity names and reserve your LLC name.
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
Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to NJ Division of Revenue, PO Box 308, Trenton, NJ 08646.
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.
- Signature
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.
F.A.Qs
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.
One of the primary costs associated with registering a foreign LLC in New Jersey is the initial registration fee. This fee covers the filing of the necessary paperwork to operate as a foreign entity within the state. Additionally, there may be additional fees for expedited processing or online filing, which can expedite the registration process but come at an extra cost.
In addition to the initial registration fee, foreign LLCs are often required to appoint a registered agent in New Jersey, which can be an additional cost to consider. A registered agent is responsible for accepting legal documents on behalf of the foreign LLC and must have a physical address within the state. This service is critical for ensuring that the LLC is able to receive important legal notifications in a timely manner.
Foreign LLCs operating in New Jersey may also be subject to annual report filing fees. These fees are essential for maintaining the good standing of the LLC and ensuring that it is compliant with state regulations. Failure to file an annual report in a timely manner can result in penalties and fees, so it is crucial for foreign LLCs to budget for this expense each year.
Aside from the fees associated with registering and maintaining a foreign LLC in New Jersey, there are also potential costs related to hiring legal counsel to navigate the registration process. While it is possible for businesses to complete the registration process themselves, hiring an attorney with experience in foreign LLC registration can provide peace of mind and ensure that all required paperwork is properly filed.
While the costs of registering a foreign LLC in New Jersey can add up, it is important to consider the benefits that come with operating as a foreign entity in the state. By registering a foreign LLC, businesses can access new markets, expand their customer base, and establish a presence in a new geographic region. Additionally, operating as a foreign LLC can provide tax advantages and legal protections that may not be available in the company’s state of origin.
In conclusion, the costs associated with registering a foreign LLC in New Jersey are a necessary investment for businesses looking to expand their operations and establish a presence in the state. While these costs can vary depending on a variety of factors, including the state of origin and the complexity of the registration process, the benefits of operating as a foreign entity in New Jersey can far outweigh the initial expenses. Businesses considering registering a foreign LLC in New Jersey should carefully consider the associated costs and be prepared to budget accordingly to ensure a smooth and successful registration process.
In Conclusion
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.