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Fact Name Description
Purpose The Articles of Incorporation are used to legally create a corporation in New Jersey.
Governing Law The New Jersey Business Corporation Act governs the formation and operation of corporations in the state.
Filing Requirement To establish a corporation, the Articles of Incorporation must be filed with the New Jersey Division of Revenue and Enterprise Services.
Information Needed The form requires basic information such as the corporation's name, registered agent, and business address.
Registered Agent Every corporation must designate a registered agent who will receive legal documents on behalf of the corporation.
Filing Fee A filing fee is required when submitting the Articles of Incorporation, which varies based on the corporation type.
Effective Date The Articles can specify an effective date for the corporation's formation, which can be the filing date or a future date.
Amendments If changes are needed, corporations can file amendments to their Articles of Incorporation as required.
Public Record Once filed, the Articles of Incorporation become part of the public record, accessible to anyone interested.

Key takeaways

  • Ensure that you provide accurate and complete information on the form. This includes the name of the corporation, the registered agent's name and address, and the purpose of the corporation.

  • The name of the corporation must be unique and not similar to any existing entities in New Jersey. Conduct a name search through the New Jersey Division of Revenue and Enterprise Services to avoid conflicts.

  • Designate a registered agent who will be responsible for receiving legal documents on behalf of the corporation. This agent must have a physical address in New Jersey.

  • Consider the structure of your corporation. You will need to specify whether it is a for-profit or non-profit corporation, as this affects your filing requirements and tax obligations.

  • After completing the form, submit it along with the required filing fee to the New Jersey Division of Revenue and Enterprise Services. Keep a copy for your records.

Dos and Don'ts

When filling out the New Jersey Articles of Incorporation form, it’s important to follow certain guidelines to ensure a smooth process. Here’s a helpful list of things to do and avoid.

  • Do provide accurate information about your business name and address.
  • Do include the names and addresses of the initial directors.
  • Do specify the purpose of your corporation clearly.
  • Do ensure that your business name complies with New Jersey naming rules.
  • Don't leave any sections blank; incomplete forms can lead to delays.
  • Don't use abbreviations that are not commonly recognized.
  • Don't forget to sign and date the form before submission.
  • Don't ignore the filing fee; make sure to include the correct payment.

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Instructions on Filling in New Jersey Articles of Incorporation

After completing the New Jersey Articles of Incorporation form, you will need to submit it to the New Jersey Division of Revenue and Enterprise Services. This step is crucial for officially establishing your corporation. Ensure you have all necessary information and documents ready for a smooth submission process.

  1. Visit the New Jersey Division of Revenue and Enterprise Services website to access the Articles of Incorporation form.
  2. Gather the required information, including the name of your corporation, the purpose of the business, and the registered agent's details.
  3. Fill in the corporation name, ensuring it complies with New Jersey naming regulations.
  4. Provide a clear description of your corporation's purpose in the designated section.
  5. Enter the registered agent's name and address. This individual or business will receive legal documents on behalf of your corporation.
  6. Include the number of shares your corporation is authorized to issue, if applicable.
  7. List the names and addresses of the initial board of directors or members.
  8. Sign and date the form, ensuring that the signature is from an authorized person.
  9. Review the completed form for accuracy and completeness before submission.
  10. Submit the form online or by mail, along with any required fees.

Misconceptions

Understanding the New Jersey Articles of Incorporation form is crucial for anyone looking to establish a corporation in the state. However, several misconceptions often cloud this process. Below is a list of common misunderstandings along with clarifications to help demystify the form.

  1. Misconception: The Articles of Incorporation are optional.

    Many believe that filing Articles of Incorporation is not necessary. In reality, this document is essential for legally forming a corporation in New Jersey.

  2. Misconception: Any type of business can use the same Articles of Incorporation form.

    Each business structure has specific requirements. The Articles of Incorporation form is specifically designed for corporations, not for LLCs or partnerships.

  3. Misconception: You can file the Articles of Incorporation at any time.

    While you can prepare the document at any time, it must be filed with the state before your corporation is officially recognized.

  4. Misconception: The filing fee is the same for all corporations.

    The filing fee can vary based on the type of corporation you are forming. Be sure to check the current fee schedule for accurate information.

  5. Misconception: You don’t need a registered agent.

    Every corporation in New Jersey must designate a registered agent. This individual or entity is responsible for receiving legal documents on behalf of the corporation.

  6. Misconception: The Articles of Incorporation can be filed online only.

    While online filing is available, you also have the option to submit the form by mail. Choose the method that best suits your needs.

  7. Misconception: You can change the name of your corporation later without any issues.

    Changing your corporation's name requires filing an amendment to your Articles of Incorporation. It’s not as simple as just updating your branding.

  8. Misconception: The Articles of Incorporation are the only documents needed to start a business.

    In addition to the Articles of Incorporation, you may need other documents, such as bylaws and operating agreements, to fully establish your corporation.

  9. Misconception: Once filed, the Articles of Incorporation cannot be amended.

    On the contrary, you can amend the Articles of Incorporation if necessary. This process involves filing specific forms with the state.

  10. Misconception: Incorporating in New Jersey is too complicated.

    While the process involves several steps, it can be straightforward with the right guidance. Resources are available to help simplify the process.

By addressing these misconceptions, individuals can navigate the incorporation process more effectively and ensure compliance with New Jersey's regulations.