To move your limited liability company to New Jersey, you have a few options. Here’s what you need to know about doing business in the Garden State:
Can I move my LLC to New Jersey?
Yes. There are three main ways to move an already existing LLC to New Jersey:
- Foreign registration
- Domestication
- Forming a new LLC
Forming a new LLC is the most straight-forward option. It literally requires you to dissolve your LLC in your current state, then forming a brand new LLC in New Jersey. Though intuitive, creating a new LLC may not be the most efficient, or cost-effective method of moving operations to New Jersey.
How do I foreign register my LLC in New Jersey?
If—in addition to doing business in New Jersey—you’ll continue to do business in the state in which your LLC is currently registered, then you may want to foreign register your LLC in New Jersey. Rather than opening a brand new business, foreign registration allows you to keep your current LLC while legally conducting business in the Garden State. To foreign register your LLC, you’ll have to obtain a certificate of authority from the New Jersey Treasury Division of Revenue and Enterprise Services, and pay the accompanying $125 filing fee.
You can read more about foreign registration in NJ on our page: Register a Foreign LLC in New Jersey.
What is LLC domestication in New Jersey?
Domestication is the state-assisted process of transferring LLC formation documents from one state to another. According to NJ Rev Stat § 42:2C-82 – 84 (2018), foreign (i.e. out-of-state) LLCs may file for domestication in New Jersey, so long as the LLC’s current state of formation allows for domestication AND the LLC drafts a plan of domestication. Such a plan must include:
- The name of the LLC prior to domestication
- The name of the LLC after domestication
- The terms and conditions of domestication (including financial plans)
- The organizational documents of the domesticated company
“Organizational documents” simply refers to NJ Articles of Organization, which you’ll have to file along with articles of domestication after your plan of domestication is approved by your board and your home state.
If you have lingering questions about domestication or, more generally, how to move your business to New Jersey, it’s a good idea to consult a business attorney or CPA.