Legal Question in Business Law in New Jersey

When you say "opened," I'm assuming you filed the appropriate LLC formation document which, in NJ, is called a "Certificate of Formation," or filed the State's "Public Record Filing for New Business Entity" document, or filed the formation "on-line." If so, no "Articles of Organization" is necessary---we don't use that designation in NJ.

There may be a number of things left to do depending upon the nature of the business. And, there are additional steps you can take to keep the liability shield "strong." I can advise as to such matters if you wish to retain me.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

You have missed the whole point. When setting-up a business, different types of entities might be more appropriate. Although the LLC is generally the best choice for closely held businesses, that is not always the case. What kind of business do you have?

Secondly, anyone can pay the $125 fee and file the online Certificate of Formation. That is simililar to when you were in school and were supposed to prepare a research report, and all you handed-in was the cover! The Operating Agreement and Organizational Resolutions define the LLC. If it is a multi-member LLC, it establishes the rights between members and governs the ownership and tax issues.

The Operating Agreement is not just filling out a "form." It needs too be drafted to recognize your individial needs.

You need a good tax and business lawyer!

I hope this helps!

Ron Cappuccio

http://www.Businessesq.com

856 665-2121