Every step of New Jersey’s incorporation system—formation, tax registration, and annual reporting—feeds into the Division of Revenue and Enterprise Services (DORES) and creates traceability for businesses. The New Jersey Business Corporation Act dictates the rules of incorporation, and filings are public. This makes due diligence straightforward.

Below, we’ll explain how incorporation in New Jersey works, including what the law requires, what it costs, and what steps you need to complete.

What’s in this article?

• What are the advantages of forming a corporation in New Jersey?
  
• What does it mean to incorporate a business in New Jersey?
  
• What are the legal requirements to incorporate in New Jersey?
  
• How much does it cost to incorporate in New Jersey?
  
• What are the steps to incorporate your business in New Jersey?
  
• How Stripe Atlas can help
  

What are the advantages of forming a corporation in New Jersey?

Incorporating in New Jersey gives businesses a home base with clear rules and distinct business advantages. The New Jersey Business Corporation Act sets clear rules for how to run corporations, which makes due diligence more predictable for founders. In New Jersey, your corporation can issue multiple classes of stock, exist indefinitely, and adjust its structure as it grows, all without starting over from scratch.

That legal stability comes with financial incentives. The Emerge Program, run by the New Jersey Economic Development Authority, offers tax credits for businesses in certain communities across the state. The Net Operating Loss (NOL) Program lets technology and life sciences companies sell net operating losses or research and development tax credits for cash, which can put up to $75 million back into the hands of innovators annually. Other programs, such as the Aspire Program and Manufacturing Voucher Program, help offset real estate and equipment costs for projects that create jobs or increase production.

All these benefits can make incorporation in New Jersey an economic advantage for companies rooted in the mid-Atlantic. Between March 2023 and March 2024, the state saw a net gain of 3,778 small businesses, and small businesses make up 99.7% of all New Jersey businesses as of 2025.

What does it mean to incorporate a business in New Jersey?

When you incorporate your business in New Jersey, you establish a distinct legal entity. Once the state accepts your Public Records Filing, which is the document that serves as the certificate of incorporation, your company becomes a legal entity that’s capable of owning assets, borrowing funds, and entering litigation in its own name.

Establishing a corporation creates limited liability. That means corporate debts, obligations, and lawsuits attach to the company, not its owners. Creating a limited liability company (LLC) also establishes limited liability, and the process is sometimes referred to as incorporating. But LLCs are categorically separate from true corporations and governed by different rules.

A New Jersey corporation operates within a defined structure:

• Shareholders hold ownership.

• Directors set policy and oversee governance.

• Officers handle daily operations.

By default, new corporations are taxed federally as C corporation (C corps), with the option to elect S corporation status if eligibility criteria are met.

What are the legal requirements to incorporate in New Jersey?

Certain details must appear in your filings. Here’s what you need to get your corporation up and running.

Compliant corporate name

Your corporation’s name must be unique in the state database. The New Jersey Treasury has an online service to check whether a potential business name is available.

Registered agent

Every corporation must designate a registered agent with a physical address in New Jersey (no PO Boxes). The agent receives legal notices and state correspondence during business hours. Some corporations appoint a commercial service, and others use their own office addresses if those meet the requirements.

Certificate of incorporation (Public Records Filing)

Submit the Public Records Filing to DORES. You can file it online, by mail, by fax, or in person if you’re expediting a filing.

The filing must include:

• Corporate name and business type

• Brief business purpose

• Principal business address

• Registered agent’s contact information

• Number of shares

• Names and addresses of initial directors

• Incorporator’s name and signature

You can file online, with approval granted in as little as one business day.

Internal governance

Once you file, your corporation must adopt corporate bylaws: an internal rule book for management, voting, and recordkeeping. Corporations don’t file bylaws with the state, but they are required by law to have them. The initial organizational meeting is when the company adopts bylaws, which formalize numbers and powers, and share issuance, among other things.

Tax and registration filings

Before you register your corporation, you must apply for a federal Employer Identification Number (EIN). Then, Form NJ-REG must be filed to register for state taxes. This will let you file and remit taxes online. The NJ-REG must be submitted at least 15 business days before you do business.

Annual report and maintenance

Every New Jersey corporation files an annual report by the end of its anniversary month, updating the registered agent and addresses. Missing a year can trigger revocation of your business.

How much does it cost to incorporate in New Jersey?

In New Jersey, founders must spend $125 up front to establish any for-profit entity (this applies to LLCs as well) and $75 each year to keep a corporation in good standing. Optional services (e.g., expedited filings, an external registered agent service, professional setup) can raise the total.

Here’s a breakdown of costs.

Other common expenses, such as legal drafting and tax assistance, vary by scope.

What are the steps to incorporate your business in New Jersey?

Corporation filing follows a clear sequence of steps in New Jersey. Each step connects directly to state systems that record and regulate corporate activity.

Here’s how it works.

Define your corporate structure

Decide the type of corporation you’re forming. Some businesses start as domestic for-profit corporations, which become C corps by default for tax purposes. Early in the process, decide how many shares to authorize and who will serve as the initial directors, as this information will be included in your filing.

Choose and confirm your name

Search the New Jersey business name database to ensure your chosen name is available. It must be distinguishable from any existing entity and must include the proper corporate suffix or one will be applied.

Appoint a registered agent

Every New Jersey corporation must list a registered agent with a physical address in the state. The agent receives service of process, state correspondence, and tax notices. You can use your own business address, if it will be staffed during business hours, or hire a commercial registered agent service to maintain reliability.

Submit your Public Records Filing (certificate of incorporation)

This filing creates your corporation. You can submit it online through DORES, by mail, or by other means. It typically takes as little as one business day to process online filings.

Organize your corporation internally

Once your paperwork is filed, it’s time to set up your company’s internal framework. Hold an organizational meeting to:

• Adopt corporate bylaws, which outline recordkeeping procedures, financial practices, and more

• Appoint officers such as the CEO, secretary, and treasurer

• Authorize the initial issuance of shares to founders or investors

These steps establish how your company operates and create a clear line between ownership and management. Keep copies of the bylaws, meeting minutes, and stock ledger in your corporate records. These are proof that your company is properly organized and protected.

How Stripe Atlas can help

Stripe Atlas sets up your company’s legal foundations so you can fundraise, open a bank account, and accept payments within two business days from anywhere in the world.

Join 75K+ companies incorporated using Atlas, including startups backed by top investors like Y Combinator, a16z, and General Catalyst.

Applying to Atlas

Applying to form a company with Atlas takes less than 10 minutes. You’ll choose your company structure, instantly confirm whether your company name is available, and add up to four cofounders. You’ll also decide how to split equity, reserve a pool of equity for future investors and employees, appoint officers, and then e-sign all your documents. Any cofounders will receive emails inviting them to e-sign their documents, too.

Accepting payments and banking before your EIN arrives

After forming your company, Atlas files for your EIN. Founders with a US Social Security number, address, and cell phone number are eligible for IRS expedited processing, while others will receive standard processing, which can take a little longer. Additionally, Atlas enables pre-EIN payments and banking, so you can start accepting payments and making transactions before your EIN arrives.

Cashless founder stock purchase

Founders can purchase initial shares using their intellectual property (e.g., copyrights or patents) instead of cash, with proof of purchase stored in your Atlas Dashboard. Your IP must be valued at $100 or less to use this feature; if you own IP above that value, consult a lawyer before proceeding.

Automatic 83(b) tax election filing

Founders can file an 83(b) tax election to reduce personal income taxes. Atlas will file it for you—whether you are a US or non-US founder—with USPS Certified Mail and tracking. You’ll receive a signed 83(b) election and proof of filing directly in your Stripe Dashboard.

World-class company legal documents

Atlas provides all the legal documents you need to start running your company. Atlas C corp documents are built in collaboration with Cooley, one of the world’s leading venture capital law firms. These documents are designed to help you fundraise immediately and ensure your company is legally protected, covering aspects like ownership structure, equity distribution, and tax compliance.

A free year of Stripe Payments, plus $50K in partner credits and discounts

Atlas collaborates with top-tier partners to give founders exclusive discounts and credits. These include discounts on essential tools for engineering, tax, finance, compliance, and operations from industry leaders like AWS, Carta, and Perplexity. We also provide you with your required Delaware registered agent for free in your first year. Plus, as an Atlas user, you’ll access additional Stripe benefits, including up to a year of free payment processing for up to $100K in payment volume.

Learn more about how Atlas can help you set up your new business quickly and easily, or get started today.