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Factors of a trade name for a New Jersey business start up

Many New Jersey residents have a dream to start their own business. Often, they even have a solid product or service to sell at the start. However, the technical aspects of business formation are not just confusing, but are outright frightening. Such issues as what the legal form of the business will be and how to go about putting it into action can leave prospective business owners stagnant. This is when it is imperative to maintain focus on the goal and to have legal assistance with the start-up company and how to get it moving in the right direction.

If the person would like to have a general partnership or a sole proprietorship, it is common to use a trade name. For people who are simply using their own name for the business, they will not have to move forward with trade name registration. Registering is advised but not necessary.

For those who are using a general partnership or a sole proprietorship, it is necessary to contact the County Clerk where the business will be located to register the trade name. This is required. With this, the name will be protected from any other business in the county. To register the trade name in other counties, it must be done individually. To do so statewide, it should be done in all counties.

For those who plan to create a business that will be a corporation, a limited liability company (LLC) or a limited liability partnership (LLP), it must be registered with the Division of Commercial Recording, New Jersey Department of Treasury. This can be done online.

While it might seem to be a basic factor to determine exactly how and where the business will be registered, many people are intimidated by the prospect of all the paperwork and calls that must be made. A way to avoid the complicated nature of dealing with these issues is to have legal assistance as a guide. A lawyer experienced in helping clients with a business start-up can not only assist with the entity formation, but with the other aspects that will inevitably arise.

Source: nj.gov, "Starting a Business Checklist -- Determination of Business Name," accessed on Dec. 12, 2017

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