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New Jersey Business Formation Questions & Answers
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 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 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
Samuil Buschkin
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 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
Samuil Buschkin
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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1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: Do I need an s-corp to be a medical transcriptionist in NJ or can I register as an LLC?

I do medical transcribing parttime from home. The group I work with was audited by NJ 5 years ago and fined because the transcribers that live in NJ supposedly need an s-corp license, not an LLC. This applied to only those who live in NJ. Why? I opened an s-corp this year and the cost of running a... View More

Leonard R. Boyer
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answered on Oct 5, 2021

An "S" Corp is the accountant's best friend and your worst enemy. You need to retain an experienced licensed attorney to custom draft the documents required for an LLC. If you are not at least a 3 member LLC the "corporate veil" that protects you from liabilty can easily be pierced.

1 Answer | Asked in Business Formation for New Jersey on
Q: I own a registered ecommerence businesses in a split level home , My neighbor is coping me what can we do

I have a legal EIN and registered business with state and federal , what ever i do they copy to the excat measures i do I am not sure if they are legal or not

Leonard R. Boyer
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answered on Feb 9, 2021

Your situation is something that will require an in person document review and more facts, which will be beyond what most attorneys would include in a free consultation. Paying for an hour of an attorneys time will be a wise investment and you will know how to proceed. During this pandemic, you... View More

1 Answer | Asked in Business Formation for New Jersey on
Q: If I start a nonprofit and am a board member or director, can I work as an employee and get paid a salary?
Leonard R. Boyer
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answered on Dec 22, 2020

That is a possibility, however, the entire concept and what you envision would require an in-person consultation, which would be beyond the scope of what most attorneys will include in a free consultation.

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Hello, I was thinking about starting an advertising/marketing business online where I’ll post on social media accounts.

What licensing will I need to acquire and how much will I be taxed or charged to hold the business

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 14, 2020

You need to speak with a lawyer, this not a question that can be answered in a free short question and answer posting as many questions need to be asked by the lawyer.

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3 Answers | Asked in Business Formation, Business Law and Trademark for New Jersey on
Q: What are the steps to ensure my business name is secure?

I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?

Barbara Berschler
Barbara Berschler
answered on May 7, 2020

If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap... View More

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3 Answers | Asked in Business Law, Business Formation, Intellectual Property and Trademark for New Jersey on
Q: Can a company use a different name than their registered business name in their advertising?

2 companies, same NJ town, similar names (names changed for privacy).

Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.

Company #2... View More

Carl G Hawkins
Carl G Hawkins
answered on Feb 21, 2020

If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... View More

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1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Defense for New Jersey on
Q: Should I have separate insurance policies for my rental LLC’s, or can it be a named insured on my personal policy?
Leonard R. Boyer
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answered on Dec 5, 2019

Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.

1 Answer | Asked in Business Formation for New Jersey on
Q: I’m not sure if I should set up a separate llc from my original or if I should add it under my current llc
Leonard R. Boyer
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answered on Sep 12, 2019

What I almost always recommend to clients with very rare exceptions is to form a "C" Corp (INC) and have the "C" corp own each LLC, with no more than 1 project in an LLC at any one time. The LLC must be at least 3 members. This puts two layers of corporate protection between you and any problems.

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Business Formation for New Jersey on
Q: The road was not clearly closed and there were few cars with me who all passed this area. Should I plea not guilty
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 7, 2019

You could but you have not provided a defense, for example what does it mean by the road was not closed clearly? If you gave this defense to the judge without a clear explanation and proof, you will lose.

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business own

I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business owner. My friend is living in USA so I will open a partnership ( 50 50 %) firm with him. What type of business type, we need to register to start a business in New Jersey state?... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 8, 2019

Good question, but if your looking to get an l1 you will need to do a lot more than just open a company in the US. First visit the US maybe on a tourist visa and while here setup an in office consultation and speak to an immigration lawyer who also knows business formation law.

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