Business Trade Names

All new businesses established in Sussex County must file a Trade Name Certificate with the County Clerk’s Office. Prior to making application, you are responsible for ensuring that the name you want to use for your business is not already in use by another business. You should conduct a search on the state level and with the county prior to filing. You may conduct a county-wide search of Trade Names via our website (under the Advanced Search option, type the desired name in the Company/Last Name field); or you may come into our office and conduct your search in person.   What you must do (if applying by mail)
  • You may download a trade name application, or pick one up in the Clerk’s Office*;
  • Complete the application, but do not sign it;
  • Make copies of the completed application, so that you have four copies on which to apply original signatures;
  • Then sign* all four copies in front of a notary public. Mail the original signed applications to: Sussex County Clerk’s Office, 83 Spring St., Suite 304, Newton, NJ 07860. Please include a stamped, self-addressed envelope to receive your two certificates back in the mail, which will contain recording information. One is for you to submit to your bank to open a business account, the other is for your records. *If there are multiple business owners, each must sign before the notary.
What it will cost $50.00, payable US Postal money order only; include self-addressed postage paid envelope for return of your two copies. *Note: If you come into our office to conduct your county search in person, you can complete and print your application onsite. We will make the necessary copies and notarize the application (n/c). The total cost will be $50.00, payable in cash or money order only.
All businesses ceasing operation in Sussex County must dissolve their Trade Name Certificate with the County Clerk’s Office. It helps speed the process if you include the approximate date of registration.   What you must do (if dissolving by mail)
  • You may download a trade name dissolution form, or pick one up in the Clerk’s Office*;
  • Fill out the form, but do not sign (note that all business owners’ names that appear on the original trade name must appear on the dissolution);
  • Make copies of the form, so that you have three originals to sign;
  • Sign all three dissolution forms in front of a notary public (Note! If there are multiple business owners on the original trade name certification, they all must sign the dissolution form in order to dissolve the business. In the case where a member has died, a death certificate must be presented.) Submit the three signed documents via mail to Sussex County Clerk’s Office, 83 Spring St., Suite 304, Newton, NJ 07860. Include a stamped, self-addressed envelope to receive your dissolution containing recording information back in the mail for your records.
What it will cost $25.00, payable by US Postal money order only. *Note: If you come into our office to dissolve your business in person, you can complete and print your dissolution form onsite. We will make the necessary copies and someone will be available to notarize your form (n/c). The total cost will be $25.00, payable in cash or money order only. All persons listed on the original trade name certification must be present to dissolve the business. In the case where a member has died, a death certificate must be presented.
Both adding and/or removing an owner(s) means having to dissolve the original trade name and open a new one. Unfortunately, there is no provision in the law to accommodate amendments to trade names. In cases where there is a change of business ownership and one [or more] owners need to be added or removed from the business trade name certificate, a dissolution of trade name is needed, and a new trade name with the additional or remaining owner(s) will have to be established. All parties listed on the original trade name must sign the dissolution form before a notary, and all parties to be listed on the new business trade name must sign the new certificate before a notary. What it will cost $25.00 to dissolve the original trade name $50.00 to open a new trade name

Note that Food & Catering businesses are regulated by municipal and county health departments, and there will be zoning, permit, and local ordinances with which to comply, so plan on reaching out to those offices. If you will be opening an LLC, you must file on the state level with the NJ  Division of Revenue & Enterprise Services (see contact info below).

After opening a Certificate of Trade Name with your County Clerk, you still have a few steps to go to ensure your business is in compliance with State laws. Registering your business with the state is the next step.

ALL new businesses must register with the State of New Jersey for tax and employer purposes.   You must file Form NJ-REG to be registered for tax and employer purposes*. Online registration is available at the Division of Revenue’s website:  http://www.nj.gov/treasury/revenue/busregcert.shtml or paper forms are also available.
* unincorporated construction contractors performing work in NJ also must apply for a Business Registration Certificate.

Filing Form NJ-REG ensures that your business is registered under the correct tax identification number and that you will receive the proper returns and notices. Normally, you will use your federal identification number (FEIN) as the New Jersey tax identification number. A business with employees must obtain a FEIN. If you do not have a federal identification number for your business, you may apply for one as you fill out the online NJ-REG or you may apply directly to the IRS online. A sole proprietorship or partnership can use the social security number of the owner if there are no employees. Once you have registered, your business will receive forms, returns, instructions, certificates and other information required for on-going compliance with New Jersey State taxes. Many of the filings for the business will be able to be completed online.

The NJ-REG must be filed within 60 days of filing the new business.

Visit http://www.nj.gov/njbusiness/ for more detailed information about starting a business in NJ.

For tax-related questions, call the State’s TAX CENTER HELP LINE at 866.534.7789.

Registering LLCs, Corporations, Trademarks and Patents
The County Clerk’s Office does not handle incorporations, LLCs, or non-profit organizations (other than Church filings). For information on the former, you may contact:

New Jersey Department of State
609-530-6430
State of New Jersey Corporation Division

Trademark and Patents
Contact the NJ Department of State, Trademark section
609-530-6422

Business License Information
Contact your local building or zoning official for your town’s requirements. For statewide information, contact:

NJ Department of State
Office of Business Ombudsman
CN 300
Trenton, NJ 08625
609-777-2642 or 800-533-0186

Tax ID Number
To obtain a Tax ID number and for further information contact:

NJ Division of Taxation
22-08 Route 208 South
Fair Lawn, NJ 07410

Small Business Counseling
NJ Development Authority for Small Business
and Minorities and Women Enterprises
200 South Warren Street
Trenton, NJ 08652
609-292-0700

Small Business Workshop
425 Raritan Center
Edison, NJ 08818
732-417-4081

NJ Chapter of SCORE
Office of Community Services
327 E. Ridgewood Ave.
Paramus, NJ 07652
201-599-6090