KMRS Law

Jake Holder — Senior Counsel

Article

Three considerations when starting a small business

Notes on entity selection, operating-agreement specificity, and the first-year compliance calendar for new New Jersey businesses.

Three considerations when starting a small business in New Jersey

For founders incorporating in New Jersey, three early decisions tend to compound over the first 24 months.

1. Entity selection

LLC, S-corp, and C-corp each carry different tax, liability, and capital-raising consequences. The choice should match the funding plan, not the cheapest annual filing fee.

2. Operating-agreement specificity

Boilerplate operating agreements predictably fail at decision points. Member voting thresholds, distribution waterfalls, and exit triggers should be specified for the company's actual circumstances.

3. Compliance calendar from day one

NJ Annual Report, BOI reporting, federal tax deposits, and sales-tax registration all have first-year deadlines. Missed filings produce avoidable late penalties.

State-level small-business filings and dispositions are indexed at ModernIndex.