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New Jersey Limited Liability Company Formation Without an Operating Agreement (Fixed Fee)

A fixed-fee New Jersey limited liability company formation service for business owners who want a standard LLC formed and attorney guidance on the rights, obligations, and risks that may apply without an operating agreement.

Overview & When to Use This Service​

Wilkinson Law LLC will assist the client with forming a New Jersey limited liability company. This fixed-fee service is designed for one business owner or multiple business owners who want a New Jersey LLC formed with a standard certificate of formation and do not want the firm to prepare an operating agreement as part of the engagement.

What’s Included in This New Jersey LLC Formation Service

The scope of work includes:

  1. Preparing and filing a standard New Jersey certificate of formation for the LLC.

  2. Using the standard New Jersey formation filing structure, without customized special governance provisions, ownership provisions, transfer restrictions, management provisions, tax provisions, or other tailored provisions in the certificate of formation.

  3. Confirming the basic formation information needed for the filing, including the proposed LLC name, business address, registered agent information, organizer information, member information, and other standard filing information required for the formation submission.

  4. Providing a two-hour attorney meeting about the rights, obligations, governance structure, management authority, economic rights, default legal rules, and practical risks that may apply without an operating agreement.

  5. Filing the formation submission with the State of New Jersey or through an appropriate service provider.

  6. Providing you with the filed formation document or filing confirmation received from the State of New Jersey or service provider.

The fixed fee includes the ordinary formation filing costs paid to the State of New Jersey and/or to a formation service provider for the standard formation filing.

What’s Not Included in This New Jersey LLC Formation Service

This fixed fee service does not include:

  • Preparing an LLC operating agreement.

  • Preparing bylaws, a shareholder agreement, partnership agreement, buy-sell agreement, member control agreement, or founder agreement.

  • Preparing an employment agreement or contractor agreement.

  • Applying for an employer identification number or handling tax registration.

  • Preparing or filing a business registration certificate or Form NJ-REG.

  • Handling sales tax registration, collecting sales tax issues, state taxes, or accounting matters.

  • Applying for business licenses.

  • Providing registered agent service or annual report filing.

  • Providing tax advice, accounting advice, securities law advice, or ownership-dispute advice.

  • Preparing custom certificate provisions, including special governance provisions, ownership provisions, transfer restrictions, management provisions, or tax provisions.

  • Negotiating among owners or revising documents requested by other owners or third parties.

  • Advising on a pending or anticipated dispute.

  • Performing legal work after the LLC is formed unless separately agreed upon in writing.

Frequently Asked Questions

Can I Form a New Jersey LLC Without an Operating Agreement?

Yes. A New Jersey LLC can be formed through a standard certificate of formation, even if the owners do not have an LLC operating agreement prepared at the same time. This service helps complete the New Jersey limited liability company formation while explaining what may remain unresolved under New Jersey law.

What Is the Difference Between a Certificate of Formation and an LLC Operating Agreement?

The certificate of formation is the public filing that creates the New Jersey business entity. An LLC operating agreement is an internal document that usually addresses ownership, management authority, economic rights, and owner relationships. This service includes the certificate filing, but not the operating agreement.

Is This Service Appropriate for a Single-Member LLC?

This service may fit a single-member LLC when the owner wants a standard LLC in New Jersey formed without a custom operating agreement. The attorney meeting can help the owner understand formation requirements, registered agent obligations, business address questions, and practical concerns after formation.

Is This Service Appropriate for a Multi-Member LLC?

This service may fit multiple owners who want a New Jersey LLC formed with a standard certificate of formation, but no operating agreement prepared during this engagement. Because multi-owner LLCs can raise management, ownership, and economic rights questions, the attorney meeting is especially relevant before or after filing.

Does Forming the LLC Mean My Business Is Ready to Operate?

No. LLC formation creates the New Jersey business entity, but other items may still need separate attention. These can include an employer identification number, business bank account, business registration certificate, Form NJ-REG, state tax, business licenses, annual report tracking, and tax or accounting advice.

Contact Our New Jersey and New York Attorneys

If this fixed-fee New Jersey LLC formation service fits what you need, contact Wilkinson Law LLC at info@wilkinsonlawllc.com or call 732-410-7595.

CONTACT OUR NEW JERSEY AND NEW YORK BUSINESS ATTORNEYS

Call us at

732-410-7595

Or 

Email us at

info@wilkinsonlawllc.com

Or

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