Forming a Nonprofit Corporation in New Jersey

Here are the steps to form a nonprofit corporation in New Jersey. You should read this page in conjunction with the general section on forming a nonprofit corporation, which has additional steps listed that are applicable to all states. You should also familiarize yourself with:

1. Choose a business name and check for availability

  • Your nonprofit corporation's name may not be the same as, or deceptively similar to, other corporate names on file with the Secretary of State (limited exceptions apply).
  • The name must contain either "A New Jersey nonprofit corporation," "incorporated," or their abbreviations.

2. Recruit and/or appoint trustees

  • Directors are known as "trustees" in New Jersey.
  • You must have at least three trustees, age eighteen or older, for your nonprofit corporation.
  • Trustees do not have to reside within the state of New Jersey.

3. Incorporate your Nonprofit Organization

You should read the general section on forming a nonprofit corporation in tandem with the steps outlined here.

a. Prepare and file articles of incorporation (referred to as a "Certificate of Incorporation" in New Jersey)

  • You must be at least eighteen years of age to incorporate in New Jersey.
  • The filing fee is $75.
  • A sample Certificate of Incorporation is available from the New Jersey Volunteer Lawyers for the Arts as part of their nonprofit guide for New Jersey artists and artisans (PDF). The sample Certificate appears in Appendix G to the guide at page 54. Note that this sample form is intended for an artists' organization, and might require modification to be suitable for a journalism organization.
  • Note that you must file an Annual Report with the Division of Revenue every year after your date of creation. The filing fee is $75, and the information required on the report is basic, such as the names of all officers and directors and the business's principal location.
b. Create the bylaws
  • There are no set criteria for the content of bylaws, but they typically set forth internal rules and procedures.
  • You are not required to file bylaws with the Secretary of State, but you must keep a copy at the nonprofit corporation's principal place of business.
  • Sample bylaws are available from the New Jersey Volunteer Lawyers for the Arts as part of their nonprofit guide for New Jersey artists and artisans (PDF). The sample bylaws appear in Appendix F to the guide at page 39. Note that this sample form is intended for an artists' organization, and might require modification to be suitable for a journalism organization.
c. Hold an organizational meeting
d. Create a Records Book
  • New Jersey law does not set forth specific record-keeping requirements for nonprofit corporations.
  • See records book to determine which documents of your nonprofit corporation to store at its principal place of business.

4. Get your Employer Identification Number

Whenever you hire an employee in New Jersey, you must inform both the IRS and the state of New Jersey.

a. Federal
  • Request an Employer Identification Number ("EIN") from the IRS. This can be done via an online application.
  • The IRS details all of the necessary steps to complete, including verifying work eligibility and withholding allowances certificates, in Hiring Employees.
b. State

5. Register with state offices

a. The Attorney General's office
  • After your first fiscal year (and each year thereafter), if you have solicited more than $10,000 in donations that year or if you have paid someone for fundraising services, you must register with the New Jersey Charities Registration.
  • You can find forms and information about the registration process here.
  • The filing fee is based on the amount you have raised: $30 for amounts under $25,000 and topping off at $250 for amounts more than $500,000.
b. Department of Revenue


6. Apply for tax exemptions

Once you've incorporated as a nonprofit corporation, you can start applying for tax exemptions.

a. Federal
  • The IRS lists a series of questions to help you determine whether your organization is eligible for federal tax exemption.
b. State
c. Local

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