What is a New Jersey registered agent?
Every business must appoint a person or a business entity as its registered agent, to accept official mail and legal documents on behalf of its business. Even limited liability companies with one person must have a registered agent.
When you create an LLC in New Jersey by filing your certificate of formation with the Division of Revenue and Enterprise Services (part of the Department of the Treasury), you must appoint a registered agent. With a designated registered agent, you’ll never miss an important deadline or legal correspondence for the business.
Registered agent’s purpose:
The registered agent ensures dependable communication between the business and the state, so you don’t miss any deadlines and potentially harm your business. Some of the documents a registered agent receives for the business include:
- Documents and reminders from the Division of Revenue and Enterprise Services and other government agencies
- Legal documents, including service of process, which is a notice of litigation
- Tax forms
- Official government documents
Once the registered agent receives the documents, his or her job is to ensure that the business owner or managing member receives them in a timely manner.
Requirements for a registered agent
New Jersey statutes regulate who can be a registered agent for any business, including a limited liability company. Under N.J.S.A. 42:2C-14, your registered agent must be either:
- A New Jersey resident; or
- A business authorized to do business in New Jersey
Your registered office must be a New Jersey street address. You can add a P.O. box, but it can’t replace the street address.
Can I be my own registered agent in New Jersey?
The short answer is, “Yes, you can be your own registered agent in New Jersey.” However, you need to be reliably available at your New Jersey address to accept legal papers, which can make it hard to travel or keep flexible hours. This becomes a problem if you have to leave for a doctor’s appointment, leave for lunch, want to take a vacation or leave to pick up inventory that you need immediately.
In addition to flexibility issues, a business owner who is his or her own registered agent could run into compliance and privacy issues.
How to appoint a registered agent?
You must take certain steps based on whether you are appointing an individual or business as a registered agent. When appointing an individual:
- Check to ensure the individual is a resident of New Jersey
- Advise the individual that his or her name and address will be included in the New Jersey public records and it must be a physical address
- The person you are appointing should be reliably available at the listed address to accept legal papers
When appointing a business:
- Check to ensure the registered agent has a physical office that meets the New Jersey statutory obligation
- Ensure that someone is reliably available at the listed address to accept legal and other official documents
A business that provides registered agent service generally has several people in the office. If the business is small, with one or two people, the business might not have the ability to have people in the office during all business hours.
Appointing a New Jersey registered agent online
Most people create a new business online. As part of the business creation, the system asks you for a registered agent. If you are using a registered agent business, it will have a number that you can enter online. Entering the number auto-fills all of the registered agent’s information.
If you do not know your registered agent’s number, click “Choose a Registered Agent.” The system will prompt you for the registered agent’s name and address.
Appointing a New Jersey registered agent by mail
You can also create a business and appoint a registered agent by mail. You will need to download the packet of forms and instructions, which are extensive. Using the online registration service is not only easier, but you will get your business up and running quicker.
The packet includes the form to appoint a registered agent.
How to change my registered agent?
To change your registered agent, file a Certificate of Change (Form L-122) signed by an authorized representative of your LLC or the current registered agent.
Once you complete and sign the Certificate of Change, mail the Certificate with a check payable to Treasurer, State of New Jersey to:
NJ Division of Revenue and Enterprise Services
PO Box 308
Trenton, NJ 08646
The fee is currently $25 to change your registered agent.
Because the registered agent accepts filings, service of process, and other documents that you must sign for, do not wait to change your registered agent. You should put in the change before your current registered agent steps down.
Benefits of using a New Jersey registered agent service
Appointing a registered agent service for your LLC provides many benefits, including:
- Peace of mind
- Privacy
- Compliance with state law
- Flexibility
- Paperwork reduction
Peace of mind
The biggest benefit of appointing a New Jersey registered agent service is that you have the peace of mind to deal with your business. You don’t have to worry about missing due dates because you did not receive important documents.
Our service scans and forwards documents on the same day that we receive them, giving you plenty of time to respond. Service of process requires you to respond within a certain number of days. Many government actions, including filing an annual report, require you to respond by a certain date.
Privacy
Privacy is also a large concern for business owners, CEOs, managing members and others in leadership roles. If someone sues the business, the process server must serve the lawsuit on the registered agent. Thus, your employees and clients do not see you receive the lawsuit.
Additionally, because we are the registered agent, our contact information is public instead of yours.
Finally, your information is confidential: the only time we give it out is when the law requires it.
Compliance with the state law
Another important reason to use a New Jersey registered agent service is compliance with New Jersey’s laws. It also saves you hassle, time, and money, all of which can factor into your overall New Jersey LLC cost. If you move the office, just let us know your new address. You won’t have to file change forms and the fees associated with the forms with the New Jersey Department of Treasury.
Should your business grow, you will be required to appoint a registered agent in each state. Since Tailor Brands is a national provider, we can consolidate all of your accounts and ensure you stay compliant, no matter how many states you branch out to.
Finally, should you lose everything due to a natural disaster or fire, a New Jersey registered agent service has duplicate copies so that you do not fall out of compliance.
Flexibility
Probably the best reason to use a New Jersey registered agent service, at least for the business owner who might have otherwise appointed himself or herself as the registered agent, is that you have the flexibility to do what you want. You don’t have to worry about being in the office should someone deliver the documents that you have to sign for.
You can travel when you want, leave the office for a few hours without worrying about missing important documents, and you don’t even have to maintain regular business hours if your business requires that you work outside of traditional business hours. For example, a bar might not be open in the morning.
Reduces paperwork
Another great reason to use a New Jersey registered agent service is that it significantly reduces paperwork. Plus, you do not have files laying around since we forward everything digitally. You can choose to print the documents or not, especially those that we handle right from the office, such as filing the annual report.
We ensure that the documents are completed properly and manage annual reports for several states. As part of our annual report service, we:
- Forward an alert when it’s time to file your annual report
- Ensure that the required information on the annual report is correct
- Change or update state forms, when necessary
- File the return for you
- Notify you of the filing
Conclusion
Using a registered agent service provides you with many benefits. The peace of mind you get when you do not have to worry about missing a date or being away from the business if someone serves important documents is worth having a New Jersey registered agent service.
Professional registered agent services generally cost $50–$300 per year. Tailor Brands’ registered agent service is $199 per year.
Due dates are one less thing for you to handle when your small business requires an active owner. We’ll remind you of specific due dates and can even file the annual report for you.
You’ll have more time to focus on your business and customers when you appoint Tailor Brands as your New Jersey registered agent.
FAQ
A registered agent is a person or company authorized to receive legal documents, tax notices, and official state correspondence on behalf of your business. New Jersey requires every LLC and corporation to designate one.
Yes. You can serve as your own registered agent if you’re a New Jersey resident with a street address in the state (a P.O. box alone isn’t allowed). However, many business owners choose a professional service to maintain privacy and avoid missing important documents.
You can change your registered agent by filing a Certificate of Change with the Division of Revenue and Enterprise Services. The fee is $25.
Without a registered agent, your business risks falling out of good standing, missing lawsuits or tax notices, and even having your LLC revoked.