Tips on New Jersey Incorporation. 

Businesses, such as corporations and limited liability companies, including those from foreign entities or non-residents, have to seek authorization to be able to conduct business in New Jersey. These companies have to file organizational papers with the state, except for those whose nature of business is a sole proprietorship or a partnership. In the case of the latter, registration must only be filed at the county.

Before you consider incorporating your business in New Jersey, here are some facts you should know so that you start your business in the right direction:

Determine a name for you business and register for exclusive rights with the Public Records Filing office. This agency accepts online submission. If the business you would like to register originates in a different home state (formed outside New Jersey), determine if registration of the same name is possible with outside that state. If it is and you decide to register with New Jersey, it must then carry the name as it is exactly stated in the documentation from the home state. New Jersey may require a Certificate of Good Standing from the originating state in this case.

In registering your business you will need to declare the following:

• The nature of the business
• The purpose of the business
• The products or service of the business
• The name and valid office address of your agent; agents must be local residents of the state.
• The name of the incorporators; New Jersey state requires at least one.
• The list of company signatories
• The number of shares the company is able to issue to shareholders
• Additional provisions that should be made consistent with existing New Jersey Corporate Laws

You can opt to have your corporation recognised as any of these:

• A C Corp - this is the most common form. A C Corp requires at least 30 shareholders for the company.

• An S Corp - this is fairly popular with small businesses. If you decide to be recognised as an S Corp, you will need to file IRS Form 2552, which will exempt you from double taxation.

• An LLC or Limited Liability Company - This is comparable to the S Corp form. Discuss with your agent the conditions posed to your corporation if you opt for this, as the benefits and liabilities depend in every state.

• A foreign corporation - this is an establishment seeking to invest in New Jersey but whose main operation is outside the state or even the country.

If the registration is done online, a Certificate of Incorporation must be mailed separately.

A fee of $125, for either local or foreign corporations, will be collected when you file or register your business. An additional $25 may be charge to expedite processing. But non-profit domestic corporations will only be asked to pay $75.00. All these fees are one time charges.

Filing will be confirmed via snail mail. The state of New Jersey will send, via your registered agent, the said certification within one week from date of filing.