How To Register a Delaware LLC in New Jersey
People all over the world form Delaware LLCs in order to reap the benefits of Delaware's strong corporate law structure. Delaware is the most popular state in which to form a company, and the reasons why people incorporate their businesses in Delaware are numerous.
This is a fairly well-known fact, but did you know you can operate your Delaware LLC in other states? Instead of forming a New Jersey LLC, it may be beneficial to own and operate as Delaware LLC in New Jersey.
How to Register a Business in New Jersey with a Delaware LLC
If you would like to register a business in another state, such as New Jersey, the first step is to often register as a foreign entity in that state. This process is called Foreign Qualification. Your business is considered domestic to Delaware and foreign to every other state.
Through the New Jersey Foreign Qualification process, the state will grant you the authority to operate there with a Delaware company. Delaware companies that operate in another state without foreign qualifying are often not in compliance with that state's regulations.
Each state's Foreign Qualification requirements are a little different; New Jersey has an application process and a state fee, and the state also requires a Certificate of Good Standing from the state of Delaware. The Certificate of Good Standing cannot be more than 30 days old.
New Jersey also requires that you have a Registered Agent in the state. Harvard Business Services, Inc. would be happy to act as your New Jersey Registered Agent for $99 per year if you are interested in registering a business in New Jersey.
Normal processing time for Foreign Qualification in New Jersey is about two to three weeks. If we register your Delaware LLC in New Jersey, we will prepare the documents for you, obtain your Certificate of Good Standing, pay the state fee and expedite the order so you receive the approved documents in just a few days.
Once your business is registered with the State of New Jersey, you will be required to file an annual report on behalf of your company. The New Jersey annual report is due every year on the anniversary of the date on which you initially filed your company there. (The Division of Revenue often sends a reminder to your Registered Agent about three months before the due date; the cost of the annual report is $50.)
Keep in mind that in order for your Delaware company to remain in good standing, you must also pay the Delaware Franchise Tax and maintain a Registered Agent in Delaware.
So, should you incorporate in Delaware or New Jersey? Businesses are formed in Delaware every single day for the sole purpose of doing business in New Jersey and other U.S. states. For more information on the Foreign Qualification process or to get started, please visit our Foreign Qualification page. We can also help you register your Delaware LLC as a foreign entity in New Jersey via telephone at 1-800-345-2677, Ext. 6130 or by email devin@delawareinc.com.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.
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There are 2 comments left for How To Register a Delaware LLC in New Jersey
esther benattar said: Tuesday, January 29, 2019-I am exploring the possibility of registering a Delaware entity for the sole purpose of it being the importer of record of certain goods - specifically from the orient - without my corporation being identified as the actual importer. - Even if documents such as B/L are not physically or digitally re-routed - actual physical delivery would still be in my NJ warehouse - so my question is: 1- Since I would have to register the Delaware corporation in NJ - would any hypothetical search of the Delaware corporation name allow finding a link to my non -delaware corporation? 2- would I be able to handle import finances by using my company's bank account - or would I need a separate one, either in NJ or in Delaware? Thank you for your feedback.
HBS Staff replied: Thursday, January 31, 2019Esther - A search within the Delaware Secretary of State would not show where the business Principal Office Location is. However, when doing a general search on the internet it could be possible they find the company’s physical location as the state of NJ does require the Principal Office Address when registering a Delaware entity to do business in the state of NJ and is on the public record.
The bank account can be opened in either Delaware or NJ. Generally, clients open separate banks accounts for each entity. It would be best to speak with your Accountant for more information.
Gopal said: Thursday, December 15, 2016Hello, I wanted help with registrating Delaware registered LLc in New Jersey and have some questions like how much time it will take and cost? Please let me know. Thanks Gopal
HBS Staff replied: Tuesday, December 20, 2016We can help you form a Delaware LLC to operate in NJ. Please call us at 1-800-345-2677 or Live Chat with us via our homepage at www.delawareinc.com so we can assist you as swiftly and smoothly as possible.