In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.  If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will have to register with the state in which you want to do business before you can legally conduct business there. 

For example, a LLC that is registered in California wants to do business in New Jersey.  The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in New Jersey.

The California LLC needs to register with the New Jersey Department of Treasury as a New Jersey Foreign LLC.

The use of the term Foreign in this case refers specifically to individual US states.  The US government, including the IRS, considers a Foreign company to be a company that is registered outside of the United States.

You want to do business in the state of New Jersey but are registered as a LLC in another state.  In order to legally conduct business in the state of New Jersey you must register with the New Jersey Department of Treasury as a Foreign LLC.  The process of registering as a Foreign LLC in New Jersey is called New Jersey LLC Foreign Qualification.

The process of New Jersey LLC Foreign Qualification is similar to the process of forming a Domestic LLC in New Jersey.  Your original home LLC formation documents (frequently called Articles of Organization) and By Laws apply to your New Jersey Foreign LLC.  The Officers and Directors of your home LLC will have the same roles in the New Jersey Foreign LLC.  Specific requirements to qualify as a Foreign LLC in New Jersey are explained below. 

Once you have made the decision to Qualify as a Foreign LLC in New Jersey, a New Jersey lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services.

The short answer is no.  The state of New Jersey does not legally require a lawyer to form a New Jersey Foreign LLC.

Our detailed Foreign Qualification page may help you understand some of the implications of forming a New Jersey Foreign LLC.  However, if there is anything about forming a Foreign LLC in New Jersey that you're not sure about you should seek the advice of a competent New Jersey lawyer, a New Jersey accountant, or both before you form a Foreign LLC in New Jersey.

Once you have made the decision to form a Foreign LLC in New Jersey, a New Jersey lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new New Jersey Foreign LLC.

You are not legally required to reserve a Company Name for a new New Jersey LLC Corporation before you submit your application to Form a Foreign LLC in New Jersey.

The LLC name that you have registered in your home state may or may not be available in New Jersey.  In that case you need a different name your New Jersey Foreign LLC.  Whether or not you need to reserve a company name for your new New Jersey Foreign LLC depends entirely on your business situation.  The New Jersey Department of Treasury uses LLC names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that New Jersey Foreign LLC Name.

If the Name you have chosen for your new New Jersey Foreign LLC is already in use by a currently active New Jersey Corporation or LLC then you will have to register a DBA Name with the New Jersey Department of Treasury.  "DBA" is an abbreviation for "Doing Business As."

In New Jersey a DBA Name is called a Alternate Name.

We verify that the Name you have chose for your new New Jersey Foreign LLC is available before we submit your Foreign LLC filing to the New Jersey Department of Treasury.  If necessary we can register a Alternate Name in New Jersey for you so that you can open your new New Jersey business as quickly as possible.

1. Choose a name for your New Jersey Foreign LLC
   
   You can use the same name in New Jersey that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your New Jersey Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the New Jersey Foreign LLC name that you choose must be distinguishable from the name of any other registered New Jersey LLC or other business entity and the name must also be different from any reserved names on record with the state of New Jersey.  Your New Jersey Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your New Jersey Foreign LLC name must not be a name that is likely to mislead the public.
   
   The name of a New Jersey Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".
   
   It's important to choose a good name for your New Jersey Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the New Jersey Department of Treasury (and pay a fee).
   We will check to make sure that your requested New Jersey Foreign LLC name is available and conforms to all state of New Jersey Limited Liability Company naming regulations.
2. File Registration Documents with the New Jersey Department of Treasury
   
   In order to Qualify as a Foreign LLC in New Jersey you must file Registration Documents with the New Jersey Department of Treasury.  In New Jersey the registration documents are named "Business Registration Application".
   
   The registration documents must include certain specific information about your New Jersey business.  If the LLC Registration Documents do not conform exactly to state of New Jersey Foreign LLC requirements they will be rejected. 
   
   If you need to change any of the information on your registration documents after your New Jersey Foreign LLC has been approved, you may amend the registration documents for your New Jersey Foreign LLC but you will have to pay a fee to the state of New Jersey in order to make the changes official.
   
   
3. Determine how you want your New Jersey Foreign LLC to be taxed
   
   The New Jersey Corporate Income Tax Rate is variable depending on the annual net income of the New Jersey Foreign LLC.  New Jersey Corporate Income Tax Rates vary from 6.5 to 9%.  You may choose that your New Jersey Foreign LLC is to be taxed as a C Corporation or S Corporation. 
   
   A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 
   
   You may choose to have your New Jersey Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any New Jersey Corporate Income Tax.
   
   The Corporation Tax structure in the state of New Jersey consists of three tax brackets:
   • 0- $50,000 - 6%
   • $50,001 - $100,000 - 7.5%
   • Over $100,000 - 9%
   The minimum New Jersey Corporation Business Tax for small businesses is $500.
   
   If you form a Single Member New Jersey Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member New Jersey Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member New Jersey Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member New Jersey Foreign LLC will be taxed as a Partnership.
   
   New Jersey Corporate Tax Information
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your New Jersey Foreign LLC and include it with your final Foreign LLC documents.

1. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a New Jersey Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  A New Jersey Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your New Jersey Foreign LLC within New Jersey you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your New Jersey Foreign LLC vary depending on your business activities and the specific locations within the state of New Jersey in which you want to conduct business.
   
   If your New Jersey Foreign LLC will be selling products in New Jersey you may be required to obtain a Reseller's Permit from the appropriate New Jersey state agency.  If your New Jersey Foreign LLC will be selling products in New Jersey you will also be responsible for all applicable local and state of New Jersey sales taxes if there are any.
   We have the expertise to find out exactly which state and local permits that you need for your specific business.
2. File the required reports for your New Jersey Foreign LLC
   
   The New Jersey Annual Report includes basic information about your New Jersey Foreign LLC including information on your business location as well as the names of the Officers and Directors.
   
   Failure to submit a properly completed New Jersey Annual Report to the New Jersey Department of Treasury on or before the due date may subject the New Jersey Foreign LLC to being administratively dissolved in the state of New Jersey or having its authority to transact business in the state of New Jersey revoked by the New Jersey Department of Treasury.
   
   Penalties may accrue if you fail to file any New Jersey Foreign LLC Annual Report to the New Jersey Department of Treasury by the due date.
   
   
3. Keep proper records of your New Jersey Foreign LLC on file
   
   Keep the following records on file and available at the principal business office of your New Jersey Foreign LLC:
   • Names and addresses of all Members and Managers of the New Jersey Foreign LLC
   • Foreign LLC formation documents and any Amendments to them
   • New Jersey Foreign LLC Operating Agreement and any Amendments to them
   • Copies of any LLC Resolutions which have been adopted by the New Jersey Foreign LLC
   • Copies of all tax returns and Annual Reports for the New Jersey Foreign LLC for the last 3 years
   
   
4. Pay your taxes to the state of New Jersey
   
   Foreign LLCs that either do business in the state of New Jersey or that derive income from sources within the state of New Jersey are subject to New Jersey and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides New Jersey, you must allocate the amount of income derived from the state of New Jersey in order to determine your New Jersey state taxes.

In order to Form a Foreign LLC in New Jersey you'll need the following information about your LLC:

• The name of your new New Jersey Foreign LLC along with your second choice of a name in case the name that you want is not available
• Physical address of the Foreign LLC office in New Jersey (not a PO Box)
• A description of the nature of the business you are planning to operate with the New Jersey Foreign LLC
• When the New Jersey Foreign LLC will start and when it will cease to exist (normally the Foreign LLC starts on the date the application is filed and will exist perpetually)

Remember - ALL the information that you provide when you Form a Foreign LLC in New Jersey becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Foreign LLC in New Jersey.

Processing times for new New Jersey Foreign LLC applications vary depending on the work load of the Department of Treasury's staff.  We've found that normal processing of new New Jersey Foreign LLC applications takes the state around 1-2 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your new New Jersey Foreign LLC.
The New Jersey Department of Treasury reserves the right to extend expedite periods in time of extreme volume, staff shortage or equipment malfunction.  We are dependent on, and have no control over, the staff and systems of the New Jersey Department of Treasury.

In our experience 1-2 business days is the time it usually takes the New Jersey Department of Treasury to process a new New Jersey Foreign LLC application. We get your New Jersey Foreign LLC application to the NJ Department of Treasury ASAP. Once it is at the state we have no control over the new New Jersey Foreign LLC application process.

The state of New Jersey charges $175.00 to Form a Foreign LLC in NJ.  That includes the Department of Treasury's filing fee and a Certified Copy of your new New Jersey Foreign LLC filing.  If you choose All Business Documents to help you Form your Foreign LLC in New Jersey our processing fees are $145.00.  This includes:

• Same day processing in of your new New Jersey Foreign LLC order
• NJ Name Check and Verification
• Prepare Business Registration Application
• File Formation Documents with the New Jersey Department of Treasury
• Certified Copies of Formation Documents
• New Jersey Foreign LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support