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I reside in New jersey, do I have to register my business in this state ?

Medford, NJ |

I live in the state of New Jersey and want to run an internet business from my home, do I have to incorporate my business in the state of New Jersey or register it in the state of New Jersey ? Am I able to incorporate in a different state and if I am able to register for a business in say the state of Delaware do I follow the laws for the state my business is incorporated or New Jersey laws or both ?

Interested in registering in another state cause New Jersey has tons of requirements for operating the type of business I would like to open

Attorney Answers 5


  1. Please hire an attorney to see you through the setting up of your business; it will help you avoid future complications and issues. Good luck.

    Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.


  2. It is not as easy as just registering in DE, but of course a corporation can register in DE and have its principal place of business in another state. You should talk to someone about why you want to try and incorporate in another state, oftentimes it is not nearly as advantageous as you might hope. Contact myself or any of the other NJ business attorneys on here for advice, it is not a move you should make by yourself.


  3. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, you do not have to incorporate in New Jersey, but if you form a corporation elsewhere, you'll still have to register it as a foreign business in NJ. This is due to the fact that you'll be conducting operations in NJ. Online/internet businesses have issues to deal with that are not normally found in brick-and-mortar businesses, but it is likely that incorporating in NJ is your best bet to start. DE may be a good idea depending on future plans and financing issues. You should speak with a business attorney to determine you best options.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.


  4. I agree with Mr. Console. You can register your business in Delaware and have its principal place of business in New Jersey. The question is what are the benefits of forming it in Delaware as opposed to New Jersey.

    You would be best served by speaking with an attorney to discuss your options, not only in place of incorporation but type of business entity as well. Furthermore if you going to run an internet business you should speak to an attorney about setting up a terms of service or user agreement, as well as other documents to protect yourself.

    DISCLAIMER: THE ABOVE INFORMATION IS NOT LEGAL ADVICE AND AN ATTORNEY CLIENT RELATIONSHIP IS NOT CREATED. THIS IS GENERAL INFORMATION AND LAWS VARY FROM STATE TO STATE. PLEASE CHECK WITH A LOCAL ATTORNEY OR CONTACT THE IRS OR STATE TAXING AUTHORITY WITH ANY QUESTIONS.


  5. 1st, your business is not have to be a New Jersey limited liability company. Secondly, you should really consider the place of operations of your business. You indicated that it is an Internet business but she did not indicate exactly what it do. Depending on what you do, it may be much wiser to have an official business location not in New Jersey.

    Before you do anything, you need to hire a good tax and business attorney to help you determine where your business should be formed, the type of entity and do a little bit of tax planning.

    Good luck in your new business!

    Ron Cappuccio

    If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.

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