What is A New Jersey Amendment?
The amendment process is something a company has to go through in case it makes any changes to the information reported on the Articles of Incorporation/Organization. To formalize the changes, your company has to file the proper paperwork with the state.
Reasons Why You Need To File An Amendment
New Jersey requires all businesses to file an amendment if the changes they want to adopt will affect the formal entity structure of the business.
A. Changing The Company Name –
- LLCs
If a New Jersey LLC decides to operate under a new name, it has to undergo the process that the state has set. To do this, your company has to file an amendment with the Division of Revenue. It is also necessary to update all the records of your LLC with the state and government.
- Corporations
There are cases when New Jersey corporations decide to use a new name. No matter what the purpose is, your company will have to go through the legal process, which is filing an amendment. Your corporation also has to change the company name on all its records with the state and government.
B. Changing Members Of The Business –
- LLCs
Sometimes, the members and/or managers of an LLC change. Since your Articles of Organization contain their names, contact information, and addresses, you will have to inform the state of any changes. You can file an amendment or change the information when your LLC files its annual report.
- Corporations
Corporations in New Jersey also list the names, contact information, and addresses of their officers and directors on the Articles of Incorporation. The record of the state should be updated. You can do this by filing an amendment or reflect the changes in the company’s annual report.
C. Changing Address Related To The Business –
- LLCs
When your New Jersey LLC moves its office location, you have to make sure you inform the state. Report the changes in the LLC’s operating address and registered office. You can either file an amendment or include the changes in the annual report.
- Corporations
Any changes in the operating address or registered office of your corporation have to be reported to the state. You can do this using an amendment or reflect the changes in the annual report.
D. Changing Contact Information –
- LLCs
You have to always keep the Division of Revenue updated about the contact information of your New Jersey LLC. This way, it can easily reach your company. If the changes are related to your registered agent, you can either file an amendment or include the changes on the annual report.
- Corporations
If there are changes in the contact information of your New Jersey corporation, make sure you let the Department of Revenue know. This way, they will have access to your company in case it has legal queries or concerns. Since the point of contact for the state is your registered agent, you also have to inform them of any changes related to the agent. Use the amendment form or update the information on the annual report.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – Since LLCs do not issue stock, they do not have to think about this amendment. However, New Jersey corporations have to follow this rule. If your company decides to make changes to its authorized stock, you will have to inform the state about the plan to legalize and formalize the changes with an amendment.
What Is Needed To File An Amendment?
LLC
Filing an amendment in New Jersey requires LLCs to submit a completed Certificate of Amendment to the Division of Revenue. You can submit through personal delivery, fax, or mail. In-person and mail filings require 2 copies of the document. All information has to be typed. Mailed documents and personal filings require a cover letter. Fax filings require a cover sheet. The filing fee starts at $100.
Corporation
New Jersey corporations need to file the completed amendment form with the Division of Revenue. Submission by mail or in person requires 2 copies of the form and a cover letter. Faxed documents should have a cover sheet. Filing an amendment costs at least $75. There are various forms.
- No organizational meeting of the first board of directors – Certificate of Amendment by Incorporators
- For-profit – Certificate of Amendment by Shareholders
- Nonprofit – Certificate of Amendment by Members/Trustees
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to New Jersey business owners who need help in handling formalities to ensure compliance with the state.
New Jersey Amendment FAQs
The filing fee depends on the type of business entity. LLCs have to pay the $100 filing fee. There may be additional charges depending on the method of filing.
- Over-the-counter or 8.5 business hour processing – $25
- Fax back fee for the return of documents – $1 per page
- 8.5-hour service for fax filings – $25
- Same-day processing for fax filings – $50
Meanwhile, corporations need to pay the $75 filing fee. Over-the-counter filings are expedited to 8.5 business hour service for an additional $15. Faxed documents require an additional $1 per page for the return of documents. Fax filings are expedited. Your corporation can choose between the 8.5 business hour service for $15 or the same-day processing for $50.
LLCs have to provide the following information:
- Company name
- Exact text of the amendment
- Payment method
- Company business ID
- Return instructions
Corporations have to provide the following information:
- Company name
- Exact text of the amendment
- Payment method
- Company business ID
- Return instructions
The Division of Revenue needs approximately 3-10 business days to process mailed documents. Over-the-counter filings are done within 8.5 business hours. If you fax the documents, you can choose between the 8.5 business hour service or same-day processing.
The Division of Revenue will return mailed documents to the address you listed. For expedited service, you can request the method the division has to use.
New Jersey Business Resources:
New Jersey Office of Secretary of State
Phone Number:
609-292-9292
Address:
New Jersey Division of Revenue
PO Box 308
Trenton, NJ 08625