What is New Jersey Limited Liability Company (LLC) Foreign Qualification? |
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You want to do business in the state of New Jersey but are registered as a Domestic Limited Liability Company (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.
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You want to do business in the state of New Jersey but are registered as a Domestic 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 formation documents (usually called Articles of Organization) and Operating Agreement apply to your New Jersey Foreign LLC.
The Members and Managers of your Domestic LLC 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.
Put the money you save with All Business Documents where it belongs
right into your new New Jersey Foreign LLC.
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What is a New Jersey Foreign LLC? |
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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.
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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.
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Do I need a lawyer to Form a Foreign LLC in New Jersey? |
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The short answer is no.
The state of New Jersey does not legally require a lawyer to form a New Jersey Foreign LLC.
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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 LLC Information 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.
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Do I have to Reserve a Company Name before I Form a Foreign LLC in NJ?
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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.
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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.
Click here for more information on
New Jersey Company Name Reservation
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What if the New Jersey Foreign LLC Name I want is already taken?
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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.
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What do I have to do to Form a Foreign LLC in New Jersey?
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4 things you have to do in order to Form a New Jersey Foreign LLC
1. Choose a name for your New Jersey Foreign LLC
2. Select an official address and a Registered Agent for your NJ Foreign LLC
3. File Registration Documents with the New Jersey Department of Treasury
4. Determine how you want your New Jersey Foreign LLC to be taxed
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1. Choose a name for your New Jersey Foreign LLC
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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.
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2. Select an official address and a Registered Agent for your New Jersey Foreign LLC
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Every New Jersey Foreign LLC must have an address that is physically located in the state of New Jersey.
This address is "registered" with the New Jersey Department of Treasury.
The Registered Address cannot be a PO Box and is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of New Jersey to receive all correspondence on behalf of the New Jersey
Foreign LLC is called a "Registered Agent".
You may act as your own Registered Agent, however, many New Jersey Foreign LLCs hire a Registered Agent because they don't have a physical
address within the state of New Jersey or to provide a distinct level of privacy.
We provide LLC Registered Agent services in New Jersey as well as all other states and the District of Columbia.
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3. File Registration Documents with the New Jersey Department of Treasury
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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.
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4. Determine how you want your New Jersey Foreign LLC to be taxed
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The New Jersey Corporate Income Tax Rate is %.
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.
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.
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.
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What do I have to do to after I Form a New Jersey Foreign LLC?
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4 things you have to do in after you Form a New Jersey Foreign Corporation
1. Obtain Business Licenses from the cities and counties in which you plan to do business
2. File the required reports for your New Jersey Foreign LLC
3. Keep proper records of your New Jersey Foreign LLC on file
4. Pay your taxes to the state of New Jersey
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1. Obtain Business Licenses from the cities and counties in which you plan to do business
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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.
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2. File the required reports for your New Jersey Foreign LLC
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The Annual Report includes basic information about your New Jersey Foreign LLC including information on your 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.
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3. Keep proper records of your New Jersey Foreign LLC on file
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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
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4. Pay your taxes to the state of New Jersey
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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.
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What information do I need in order to Form a Foreign LLC in New Jersey? |
In order to Form a Foreign LLC in New Jersey you'll need certain specific information about your Company
including the Limited Liability Compamy name and address; and Registered Agent information.
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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 addess 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)
- Names and addresses of each Member of the New Jersey Foreign LLC
- Names and addresses of each Manager of the New Jersey Foreign LLC
- The Federal Employer Identification Number (FEIN) of the New Jersey Foreign LLC
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.
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How long does it take to Form a Foreign LLC in New Jersey? |
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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.
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PLEASE NOTE: WE CANNOT GUARANTEE NEW JERSEY DEPARTMENT OF TREASURY PROCESSING TIMES.
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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.
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Are there any Expedited Processing Options for a new NJ Foreign LLCs?
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| The New Jersey Department of the Treasury does not offer any expedited processing options for New Jersey LLC filings. |
How much does it cost to Form a Foreign LLC in New Jersey? |
The state of New Jersey charges $175.00 to Form a Foreign LLC in NJ.
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 Reservation
- 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
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