Legal Question in Business Law in New Jersey

Sole Proprietor

To operate as a Sole Proprietor, will I be required to complete a certificate of formation or any other legal form to open a bank business account?

Thank you


Asked on 9/18/07, 1:29 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Sole Proprietor

You should talk to a lawyer before you start your business. There are a lot of things to think about, and there are a lot of things that could go wrong. So, you want to plan ahead of time, and make sure that you do not get any nasty, expensive surprises.

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Answered on 9/18/07, 1:55 pm
John Corbett Corbett Law Firm LLC

Re: Sole Proprietor

You need not file any documentation provide that you are using your own name. If you use a ficticious name, you need to file a notarized form with the County Clerk.

That said, you probably should rethink your plan. Most businesses are better off being carried out in the LLC form. There are exceptions but these are usually the cases where the corporate form is preferred.

If you live near the Blackwood campus of Camden County College, my two-evening course in starting an LLC begins this evening at 6:30. Part of the course is a description of why the LLC works best for most small businesses. Check out the "Education" page on my web site to find out how to register. It will be given again early in 2008 if you miss this one.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/18/07, 2:29 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Sole Proprietor

If you operate under your own name, you do not have to file a certificate of formation. You would simply complete an SS-4 with the IRS to get a taxpayer identification number and Reg-1 with New Jersey.

You should consider discussing this with a tax and business lawyer. A Limited Liability Company is usually the entity for operating a business. My website has a lot of information on this. http://www.taxesq.com

I hope this helps!

Ron Cappuccio

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Answered on 9/18/07, 10:51 pm


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