Q: Why was my LLC name rejected in New Jersey?
Thank you to a customer in New Jersey for the question! Though picking a name for your New Jersey LLC may seem like the easy part of forming a business, that name could actually slow down the registration process. This is because New Jersey, like most states, has strict rules when it comes to business names, one being that your name can’t be too similar to any other business on record in the state. Read on to find out how to create a name that will work in New Jersey:
1. Follow New Jersey’s LLC naming standards
There are three general rules to follow when coming up with a name for your New Jersey LLC:
- Use a business entity identifier: Make sure your business contains “limited liability company,” “LLC,” or “L.L.C.” You may also use the abbreviations “Ltd.” and “Co.” (For example, “Limited Liability Co.”)
- Make sure your name is distinguishable: New Jersey law simply states that your name cannot be too similar to any other active business name, or any business name that’s been reserved in the state.
- Only use acceptable words/terms: Your business name cannot include any words or terms that falsely imply a connection to a regulated industry that you do not have authority to operate in. Examples of this would be using terms like: “bank,” “university,” “insurance,” “police.”
If you have any further questions about your business name, you can reach out to the Division of Revenue and Enterprise Services (DORES): (609) 292-9292.
2. Check if your LLC name is available in New Jersey
Before filing anything with the state, it’s a great idea to check to make sure your desired LLC name is available. To do that, head to the New Jersey Business Name Availability portal and type in your LLC name. You’ll not only see whether your specific name it available, you’ll have access to other “similar” names.
How do I know if my name is too similar to an existing New Jersey business?
New Jersey law is not very specific when it comes to determining whether or not a business name is too similar to another business name, and thus won’t be accepted by DORES. We suggest using your best judgment, and having backups.
What if my preferred business name is already being used in New Jersey?
If your LLC name is already active in the state—even if it’s being used by another entity type, like a corporation—you’ll have to use another name.
Is there any way I can use a business name that’s already active in New Jersey?
It’s possible to file an application with the New Jersey Division of Revenue and Enterprise Services to appeal for the use of a business name that’s already being used by an active business. (New Jersey would consider this a “noncomplying name.”) But it’s complicated. You’ll have to take legal action, then include in your application to DORES:
- A document signed by the current owner of the name, in which the owner agrees to give up the name and then select a new name that complies with New Jersey’s naming standards.
- A certified copy of the final court judgment that establishes the same.
Unless you have a very strong reason to fight for the right to use an existing business name in New Jersey, it’s probably best to choose a new one.
Can I create a DBA for my LLC in New Jersey?
Not exactly. The term “DBA” is reserved for foreign businesses registering in the Garden State. In fact, if the name of an out-of-state businesses is already in-use in New Jersey, that business MUST register with a DBA name. For example, let’s say the out-of-state company is called Rocks LLC, and the closest available name is Gemstones LLC. The official registration should then be: Rocks LLC dba Gemstones LLC.
Domestic business entities can also operate under other names, but they must register what’s known as an alternate name.
3. Use an alternate name in New Jersey
If you’re unable to use your preferred LLC name in New Jersey, you may register it as an alternate name after your LLC is established. As with a DBA name, you’ll be able to operate your business using the alternate name, though all your official filings with the state will still be tied to your registered name (or legal name).
Can I use an alternate name that’s already tied to a New Jersey business?
Yes. According to DORES: “The selection of the alternate name is not subject to name availability requirements as those for the business entity name.” In fact, several businesses can use the same (or similar) alternate names, just as long as their legal names are all different.
How can I get an alternate name in New Jersey?
To get an alternate name, you’ll have to file the Registration of Alternate Name form. Each filing will cost $50.
Will I ever have to renew my alternate name registration in New Jersey?
Yes. Your alternate name will expire in five years. But, as long as your business is in good standing with the state, you’ll be able to file a Renewal of Registration of Alternate Name ($50).
Where do I file my New Jersey alternate name registration form?
You can file the New Jersey alternate name form, as well as the renewal form, online, by mail, in person, or via fax.
Online: DORES Central Forms Repository & Payment Collection System
By Mail:
NJ Division of Revenue and Enterprise Services,
Corporate Unit
P.O. Box 308
Trenton, NJ 08646
In Person:
NJ Division of Revenue and Enterprise Services,
Corporate Unit
33 West State Street, 5th Floor
Trenton, NJ 08608
Via Fax: (609) 984-6851