If you are organizing or operating a business in New Jersey (other than a sole proprietorship or general partnership), you need to designate a registered agent with the New Jersey Secretary of State.
A registered agent oversees official correspondence on behalf of your business. They accept service of process, alert you when you receive time-sensitive mail, manage government and legal documents, and keep your personal information private.
Learn more about New Jersey registered agent laws and how to comply to ensure your business gets off on the right foot.
What is a registered agent, and what do they do?
When forming a legal entity in the Garden State, you must file a business formation document with the New Jersey Department of the Treasury Division of Revenue and Enterprise Services. Part of this process involves appointing a registered agent (RA) or registered agent service and listing their contact information on the business formation document. The New Jersey Secretary of State will not accept applications that are missing registered agent information.
So, what is a registered agent? At the most basic, an RA is an individual or business hired to manage your business's official correspondence (not to be confused with your general mail, like personal letters and bank statements). They are your point of contact for collecting important documents and accepting service of process (that is, formal notices of legal proceedings) on behalf of your business.
A registered agent receives legal documents, such as lawsuit papers and subpoenas, tax forms, and government correspondence. They stay on top of all communication, forward your critical mail, and ensure your business is compliant with certain legal and government regulations.
Extra services offered by professional registered agents
You can be your own registered agent or appoint someone you know, like a family member or business partner, but hiring a professional New Jersey registered agent service can benefit your business in more ways than one.
In addition to collecting your official mail, a New Jersey registered agent service will often perform other duties to help keep your business affairs in order, such as preparing and filing registration documents, sending reminders when annual reports or license renewals are due, and maintaining your privacy.
The following are some examples of additional services your New Jersey registered agent service may offer:
- Document scanning. Your registered agent might scan important documents to cloud services, providing you with digital access wherever and whenever you need it.
- Alerting you about time-sensitive mail. Your registered agent may alert you when you receive urgent mail that requires immediate action.
- Managing virtual mailboxes. Some registered agent services, such as LegalZoom, will oversee your virtual mailbox at your preferred business address.
- Filtering junk mail. Many registered agents will sort through and organize your mail, removing junk mail that doesn't serve your business.
- Overseeing due dates and deadlines. Your registered agent may keep track of important milestones for your business, like annual report due dates, tax deadlines, and court appearances.
What are the legal requirements for a New Jersey registered agent?
New Jersey requires a registered agent for every corporation, limited liability company (LLC), and limited partnership. A registered agent is also required for a limited liability partnership (LLP), even if it does not have an office in New Jersey. This applies to every such entity that is either organized in New Jersey (a domestic entity) or organized in another state, territory, or country and conducts business in New Jersey (a foreign entity). That said, sole proprietorships and partnerships are exempt from needing a New Jersey registered agent service because they do not file paperwork with the state.
The following are some additional New Jersey registered agent requirements:
- Your registered agent must be a New Jersey resident.
- Your NJ registered agent must be at least 18 years old.
- Your registered agent must be an individual or a company authorized to transact business in the state.
- Your registered agent must maintain a physical street address in New Jersey (not just a post office box, although a P.O. Box may be used in addition to a street address).
- Your New Jersey registered agent must be available during regular business hours.
Why should you hire a New Jersey registered agent?
As a business owner of a legal entity, you're required to appoint a registered agent. If you don't comply with New Jersey laws, your business registration could be rejected, or you could face penalties for not having a registered agent. This could mean losing your business entity protections and your good standing with the New Jersey Division of Revenue and Enterprise Services.
Aside from complying with New Jersey laws, there are other other advantages to hiring a New Jersey registered agent. For example, a registered agent service can help keep your business and personal life separate. Your registered agent’s physical address is a matter of public record. If someone were to file a lawsuit against your company, they would serve papers to your registered agent's address rather than your personal residence, helping to maintain your privacy.
A professional New Jersey registered agent will help ensure your business complies with state and federal regulations, as well. They will field important notices, keep track of state filing deadlines, and follow legal procedures to make sure your business maintains in good standing with the law.
Furthermore, hiring a New Jersey registered agent service is particularly helpful if you travel a lot or don't maintain regular business hours. Because your registered agent must be available during normal business hours at a physical address, they are always available to accept service of process and important correspondence on your behalf.
Who should hire a professional registered agent?
A registered agent is required for most businesses to stay compliant with NJ laws, but a professional registered agent is not. However, a professional RA can be a powerful ally in running your business.
State regulations aside, business owners that value their privacy and want help overseeing their official correspondence will benefit from hiring these professional services. With a registered agent service maintaining their legal documents and important notices, companies can focus on the other aspects of running their businesses.
How to hire a New Jersey registered agent
When you’re ready to hire your own New Jersey registered agent, consider your budget and business needs. For example, a small business may only need basic registered agent services, but a larger one may require additional features and a more comprehensive package. Research reputable NJ registered agents and review their services to determine which best align with your business needs.
You can also turn to LegalZoom for help securing the ideal registered agent. Simply provide us with a few details about your business, and we’ll take care of your registered agent services. We’ll even file the paperwork and cover the cost of switching your registered agent for you. Our services include alerting you when you receive time-sensitive mail, uploading your critical documents to secure cloud storage, and monitoring compliance notices and deadlines to help ensure your business stays on track. And if you want a full business formation service, LegalZoom has you covered, too.
New Jersey registered agent FAQs
Can you change registered agents?
Yes, you can change your New Jersey registered agent. To do so, you must pay the $25 filing fee and submit a certificate of change with the New Jersey Division of Revenue, Corporate Filing. If you decide to hire LegalZoom as your registered agent service, we'll file the paperwork and cover the filing fee for you.
Can I be my own registered agent in New Jersey?
Yes, you can appoint yourself to be your own registered agent if you meet the qualifications, but we recommend hiring a professional. Experienced registered agents are professionals at fielding important documents and can help you maintain your privacy by keeping your personal address out of public records.
Should you hire a registered agent before forming your LLC?
Yes, you must hire a registered agent before forming your LLC. You will need to provide your registered agent information on your business formation document and your registration won’t be approved without one. Once the New Jersey Secretary of State approves your application, your business is officially established with the state. You can always change your RA at a later time.
What are my registered agent service options?
You can hire an individual person who is an owner or employee of the business entity (an "in-house" RA) or an outside RA, which may be an individual person but is usually a professional that serves multiple business entities. We recommend hiring a professional registered agent through LegalZoom, as we cover additional important tasks related to basic registered agent duties.
Edward A. Haman, Esq. contributed to this article.