FAQ pages are short editorial summaries of the longer state and tax guides. Use the linked state agency before filing or relying on a deadline.
Can a Foreigner Form an LLC in New Jersey?
Yes. New Jersey permits foreign nationals and non-US residents to form and own LLCs without citizenship or residency requirements under N.J.S.A. 42:2C-18. Any authorized representative—including a foreign national—may sign and file the Certificate of Formation. There are no visa, residency, or citizenship restrictions on LLC organizers or members.
Formation Requirements
File a Certificate of Formation with the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services. The filing fee is $125.00, with standard processing taking 1–5 business days through https://www.njportal.com/DOR/BusinessFormation/Home/Welcome.
Required information includes:
- LLC name (with "Limited Liability Company," "LLC," or "L.L.C." designator per N.J.S.A. 42:2C-8)
- Business purpose
- New Jersey registered agent name and street address
- Principal business address
- Authorized representative's signature
Registered Agent Requirement
You must designate a New Jersey registered agent with a physical street address in the state. This agent receives official notices and legal documents on behalf of the LLC. The address cannot be a P.O. box. Many registered agent services accommodate foreign owners.
Name Availability
Your LLC name must be distinguishable from existing entities in New Jersey records. Search available names at https://www.njportal.com/DOR/BusinessNameSearch/ before filing. Name reservation costs $50.00 and lasts 120 days.
Tax and Compliance
A foreign-owned LLC is subject to New Jersey income tax and annual reporting requirements. You will need a Federal Employer Identification Number (EIN) from the IRS. Consult a tax professional regarding state tax registration and federal obligations for non-resident owners.
Processing Options
Standard online filing takes 1–5 business days for $125.00. Expedited processing is available for an additional $25.00 (8.5-business-hour service) or premium same-day options at higher rates.
Contact Information
New Jersey Department of the Treasury
Division of Revenue and Enterprise Services
Phone: (609) 292-9292
Address: 33 West State St., 5th Floor, Trenton, NJ 08608
This is general information, not legal advice.