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New Jersey Business Formation Questions & Answers
2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: I am rebranding my company and I am deciding between making a new LLC or amending the current one.

I am making a new vision for the company and changing the name and target market. The last LLC is a dead company, I am 80% owner of the older company. I want to make a brand-new LLC and start over with my own brand as 100% owner. Is there any complications or tax issues/sales tax/income tax or... View More

Liscah Isaboke
Liscah Isaboke
answered on Jan 9, 2025

Forming a new LLC for your rebrand is a great way to start fresh as a 100% owner, free from any liabilities, debts, or obligations tied to the old company. This approach ensures your new brand aligns with your vision and target market without being influenced by the history of the prior LLC.... View More

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2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: I am rebranding my company and I am deciding between making a new LLC or amending the current one.

I am making a new vision for the company and changing the name and target market. The last LLC is a dead company, I am 80% owner of the older company. I want to make a brand-new LLC and start over with my own brand as 100% owner. Is there any complications or tax issues/sales tax/income tax or... View More

Samuil Buschkin
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answered on Jan 8, 2025

For your situation, when creating a new LLC and transitioning from an older company, there are a few considerations to keep in mind:

If the older LLC has any existing debts, obligations, or contracts, it’s important to ensure those are properly addressed so they don’t carry over to the...
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1 Answer | Asked in Business Formation, Education Law and Tax Law for New Jersey on
Q: I am the owner of a private school in NJ. I am considering changing its filing status from an LLC to a 501c3 nonprofit.

Is this possible in NJ? And if so, what are the initial steps that I should be considering?

James L. Arrasmith
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answered on Mar 1, 2024

Here are the key things to consider when changing a private school in New Jersey from an LLC to a 501(c)(3) nonprofit:

- It is possible to make this change in NJ. You would need to dissolve the LLC and then incorporate as a new nonprofit entity.

- To qualify as a 501(c)(3), the...
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1 Answer | Asked in Business Formation, Trademark, Business Law and Intellectual Property for New Jersey on
Q: Can another LLC use the same name as my DBA in NJ if I have a trademark?

I have an LLC in New Jersey and recently added a DBA under the LLC for a different service. I've trademarked the DBA name less than a year ago. The name is currently available for LLC registration in NJ, and I've registered it as a DBA under my LLC. My concern is whether someone else can... View More

James L. Arrasmith
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answered on Aug 27, 2025

You are dealing with three different systems: the LLC’s legal name, your DBA (often called an “alternate name”), and your trademark. In New Jersey, a DBA registration does not by itself block the State from allowing another LLC to form with the same name, because name-availability checks... View More

1 Answer | Asked in Business Formation, Business Law and Military Law for New Jersey on
Q: Steps to open a PMC in New Jersey

I want to know what steps I should take to open a private military contractor (PMC) in New Jersey.

James L. Arrasmith
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answered on Aug 21, 2025

You start by defining the scope of services, domestic security contracting versus federal defense support versus training, because each triggers different laws. Form a New Jersey entity, LLC or corporation, adopt bylaws or an operating agreement, obtain an EIN, register with the New Jersey Division... View More

1 Answer | Asked in Business Formation, Business Law, Tax Law and Real Estate Law for New Jersey on
Q: Is forming an NJ LLC and foreign LLCs in PA and NY sound for liability and tax compliance?

I run a small short-term rental co-hosting/property management business in New Jersey. I manage properties remotely in Pennsylvania and New York, charging a commission based on the nightly rental rate. I am considering forming a New Jersey LLC for liability protection, and registering it as a... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your proposed structure is legally sound and actually represents best practice for operating across state lines. By forming a New Jersey LLC and registering it as a foreign LLC in Pennsylvania and New York, you'll properly establish your legal right to do business in those states while... View More

2 Answers | Asked in Business Formation, Business Law and Contracts for New Jersey on
Q: Draft an MOU for exclusive brand representation in the USA. Include marketing, distributors, online collaboration, and a three-year term.

I want to draft a Memorandum of Understanding (MOU) for an exclusive business deal to represent a brand in the USA through our company. Our responsibility will be to market the brand and collaborate with other distributors and online platforms. The agreement should last for at least three years.... View More

Leonard R. Boyer
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answered on Apr 23, 2025

A virtual or Zoom consultation and more facts would be required to provide a meaningful estimate of what preparation of this document would cost. You should expect to pay for about 1/2 to 1 hour of attorney time to review everything and provide an estimated legal fee for drafting of the document.... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Business Formation and Business Law for New Jersey on
Q: Can a lawyer help write SOPs for NJ cannabis cultivation business?

I'm looking to start an indoor cannabis cultivation business in New Jersey. We've begun the licensing process, and the next step requires writing Standard Operating Procedures (SOPs) as per the NJ cannabis regulatory committee's requirements. I am unsure where to start and would like... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're stepping into an exciting but tightly regulated space, and it’s smart that you’re thinking carefully about compliance from the beginning. In New Jersey, the Cannabis Regulatory Commission requires detailed Standard Operating Procedures (SOPs) that cover everything from cultivation... View More

2 Answers | Asked in Tax Law, Social Security, Business Formation, Public Benefits and Business Law for New Jersey on
Q: What to do about not filing income taxes for three years in NJ?

I have not filed my income taxes for the past three years due to personal circumstances, including dealing with addiction and caring for my ill wife. I collect Social Security benefits and have a small business but have kept no records of income or expenses. I have received notices from the IRS... View More

Leonard R. Boyer
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answered on Mar 26, 2025

You need to retain either an experienced tax law attorney or a CPA who practices tax accounting. You have a reasonable explanation for why you did not file. Either the attorney or CPA can work out an offer and compromise. I do not think there will be any problem to work an offer and compromise with... View More

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1 Answer | Asked in Business Formation, Business Law and Consumer Law for New Jersey on
Q: Can I file a law suit against restaurants for claiming to sell for instance a 6 piece wings and it’s not 6 but 3 split

So many restaurants claim they are selling wings when they are in facts selling wings cut into 2 counting them as an individual wing. tA wing is a drum and a flat TOGETHER not separatley

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2024

A consumer protection attorney could advise best, but your question remains open for three weeks. Many law firms could be reluctant to handle such a lawsuit. But you reach out to firms to discuss - some might see things differently. Good luck

1 Answer | Asked in Immigration Law and Business Formation for New Jersey on
Q: Can I invest in an LLC as a silent partner on an L1B visa without violating U.S. laws?

I currently live in New Jersey, USA, on an L1B visa, and my wife holds an L2 visa. We’re considering starting an LLC for a wholesaling business, which would involve my wife and my brother (who lives outside the U.S.). I would only act as a silent partner, providing financial investment if needed,... View More

James L. Arrasmith
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answered on Sep 12, 2024

As an L1B visa holder, your primary focus must remain on your employment with the company that sponsored your visa. Engaging in any form of active management or employment in a business outside of your L1B sponsor could potentially violate the terms of your visa. However, passive investment, where... View More

1 Answer | Asked in Business Formation for New Jersey on
Q: If I want to make a non-profit, and I am not recieving funds, do I have to register my intitiave anywhere?

We will be providing free CPR classes taught by a certified instructor, we will not give out CPR certifications.

Daniel  Bitonti
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answered on Aug 20, 2024

If you're planning to start a nonprofit providing free CPR classes without issuing certifications, it's generally advisable to register your initiative. Here's why:

1. State Incorporation: Incorporating as a nonprofit in New Jersey provides legal recognition and liability...
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1 Answer | Asked in Contracts, Business Formation and Business Law for New Jersey on
Q: As a sole director of a Delaware C Corp, how do I appoint other directors?

I need to establish an employer-employee relationship by appointing two other directors. What is the procedure that makes the appointments legal and substantive?

Leonard R. Boyer
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answered on Aug 11, 2023

That is determined by the corporate formation documents and the operating agreement, which no one here can know. So you need to retain an experienced corporate attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

1 Answer | Asked in Business Formation for New Jersey on
Q: where can I get the secretary of the state short or long form in new jersey, online
Leonard R. Boyer
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answered on Jul 3, 2023

Your question is not clear. To form a business in New Jersey you need to retain an experienced business formation attorney. The attorney will enable you to have the right corporate entity and the appropriate legal documents must be custom drafted. If you use some template-based service like Legal... View More

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: I'm looking to formulate a sports business holdings company. Should I just open up in NJ or is it a benefit in Delaware?
Morris Leo Greb
Morris Leo Greb
answered on Jun 22, 2023

First speak to your accountant as to the organic tax implications, the retain the services of a mukti state law firm who can best address these issues.

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for New Jersey on
Q: What documents need to be signed when adding a new Shareholder into a S corporation in New Jersey?

For Example, Currently:

Shareholder 1 owns 51% - President

Shareholder 2 owners 49% - Vice President

The New breakdown will be

Shareholder 1 owns 51% - President

Shareholder 2 owns 24.5% - Vice President

Shareholder 3 owns - 24.5% - Treasurer... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 20, 2023

The corporate record book should be updated and kept current showing shareholders' interest, number of share held, transfer information, purchases, and dates of such activity.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Formation for New Jersey on
Q: what is the new jersey equivalent to CA Civ Code § 3412 (2020) (cancellation of instruments)
Leonard R. Boyer
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answered on Dec 21, 2022

Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.

2 Answers | Asked in Banking, Business Formation and Business Law for New Jersey on
Q: How do you start a business?
Samuil Buschkin
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answered on Nov 8, 2022

There is a lot that goes into asking and answering this question. The legal aspects are probably secondary to business planning. Before you need an attorney you need to have a clear idea, a business plan, sufficient funding, and the right personal environment to launch a business.

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1 Answer | Asked in Business Formation for New Jersey on
Q: what law allow us to form an llc in New jersey?
Leonard R. Boyer
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answered on Nov 6, 2022

New Jersey Uniform Limited Liability Company Act is the primary law that allows that. A Certificate of Formation must be filed by at least one person with authority to organize the LLC with the New Jersey Department of Revenue. The LLC is formed once the certificate is filed unless a deferred... View More

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: Looking to warehouse liquor in NJ but also have a seating area where people can sit and taste thier wines or whiskeys.

Is there a specific warehouse license I need and would a sitting area be allowable or considered a byob?

Samuil Buschkin
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answered on Dec 6, 2021

Hi there.

In NJ, alcoholic beverages can only be stored in an area that is included in the licensed premises or in a

licensed public warehouse. In case of a temporary need to store alcoholic beverages elsewhere, a licensee

may apply to the Division of A.B.C. for a special...
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