Does a Single-member LLC Need an Operating Agreement in NJ?

Operating Agreement for LLCs

  • Required Operating Agreement: Only five states legally require LLCs to have an operating agreement: California, Delaware, Maine, Missouri, and New York.

  • Importance of Operating Agreement: An operating agreement clarifies how LLC funds are distributed to the owner and protects personal assets from business assets.

Forming an LLC in New Jersey

  1. Choose a name
  2. Choose a registered agent
  3. Obtain a business license
  4. File your certificate
  5. Draft an operating agreement
  6. Comply with state and federal obligations

Single-Member LLC Establishment in New Jersey

  • Naming Requirements: Name must include “Limited Liability Company” or “LLC.”
  • Tax Election: IRS requires LLC members to make a tax election for federal tax purposes.
  • Tax Obligations: Pay sales tax, payroll tax, and franchise tax as per government regulations.
  • Employer Identification Number (EIN): Obtain an EIN for unique identification and banking purposes.
  • Ownership Transfer: Rules for transferring LLC ownership outlined in the operating agreement.
  • Amendments: Operating agreements become legally binding when signed, and notarization can increase credibility.

Leave a Comment