Legal Question in Business Law in New Jersey

Re: articles of incorporation

You need to form the LLC, a separate legal entity. You really do need some decent legal advice in setting up your business, and you need to have a decent accountant set up your books for you. There is a good deal involved here. I do not recommend doing this without expert assistance.

Re: articles of incorporation

I presume when you opened the LLC that you filed a formal Certificate of Formation with the State of NJ. If you did that, on line or through the mail, you would have received a filed copy of the document. If you did not file that document, you must do so to have a valid LLC. Perhaps, you filed a Trade Name Certificate (Fictitious Name) with the County? If so, you would also have a filed document. It appears your branch manager does not know the difference between a corporation and a LLC, so you are being asked for the wrong document. Last question: Did you also get a tax identification number for the new entity. You only need to do this for a one-man LLC, if you are going to have employees. The bank will also ask for the TIN for the new account. If you are a one-man LLC and will not have employees, use your social security number on the account. If you need more help, contact me directly.

Re: articles of incorporation

In New Jersey, a Limited Liability COMPANY (not corporation) is started by filing a Certificate of Formation. This can be done online. If you filed online, in about a week you will get a copy from the State.

The Filing of the Certificate of Formation is a Notice. The Operating Agreement and Organizational Resolutions are used to actually formalize the LLC. You should file for a separate Employer Identification Number and a State of NJ Number.

Frankly, you need expert legal assistance. As a preliminary step, my web site, http://www.taxesq.com/ has a Choice of Entity Determinator which can help.

Good luck!

Ronald J. Cappuccio, J.D., LL.M. (Tax)