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OPINION: Business formation fee cuts spur entrepreneurship

Allison DeSantis//August 10, 2026//

Business plan

PHOTO: DEPOSIT PHOTOS

Business plan

PHOTO: DEPOSIT PHOTOS

OPINION: Business formation fee cuts spur entrepreneurship

Allison DeSantis//August 10, 2026//

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The basics:

  • New Jersey reduced several business formation filing fees by $25
  • Fee cuts took effect July 1 under Assembly Bill 5325
  • Lower costs apply to corporations, LLCs, partnerships and nonprofits
  • Opinion writer says lower fees can encourage entrepreneurship and compliance

Starting a business is often described in big, inspirational terms: a leap of faith, a dream becoming reality, a bet on yourself. But for many entrepreneurs, the first steps are much more practical. Choose a name. Pick an entity type. File formation documents. Pay the required fees.

Allison DeSantis is senior director, Product Counsel at LegalZoom.
DeSantis

Those early administrative steps may not be glamorous, but they matter. They are often the point at which an idea becomes a legal business. And in New Jersey, that step is about to become a little more affordable.

Under Assembly Bill 5325, New Jersey reduced several business formation and qualification filing fees by $25 beginning July 1, 2026. The reductions apply to common filings used by entrepreneurs and expanding businesses, including certificates of incorporation for domestic corporations, applications for certificates of authority for foreign corporations, certificates of formation for limited liability companies, certificates of limited partnership for domestic limited partnerships, and certain nonprofit incorporation filings.

For some people, $25 may not sound transformative. It will not, by itself, determine whether a business succeeds. But for a new entrepreneur who is already weighing formation fees, licensing requirements, professional help, insurance, website costs, equipment, inventory, rent, marketing and every other startup expense, the message matters.

New Jersey is saying that the cost of formalizing a business should not be higher than it needs to be.

That is a meaningful signal.

Following the rules

When I speak with small business owners, one theme comes up again and again: they do not object to following the rules. Most want to do the right thing. What they struggle with is understanding which rules apply, when filings are due, what each step costs, and how to stay compliant while also trying to serve customers, hire employees and grow.

That is especially true at the formation stage. Business owners are making foundational decisions that can affect liability, taxes, financing, ownership, and long-term operations. They are also dealing with a government filing system that may be unfamiliar to them. Every added cost or point of friction can make the process feel more intimidating than it needs to be.

Reducing a filing fee does not eliminate those challenges. But it does make the front door a little easier to open.

Not just a bureaucratic step

It also reinforces an important idea: forming a business properly is not just a bureaucratic step. It is a credibility step.

Gov. Mikie Sherrill gives her first Budget Address in the Assembly Chambers of the State House in Trenton on March 10, 2026.
PROVIDED BY THE NJ GOVERNOR’S OFFICE/RICH HUNDLEY III
Second opinion

Clinton Mayor Janice Kovach says Gov. Mikie Sherrill’s budget is a win for small businesses. Read more here.

A business’s state filings become part of the public record. Those records can be reviewed by lenders, investors, vendors, potential partners, government agencies, and others when verifying a company’s legal existence and status. For small businesses, that record can affect opportunities in very practical ways, from applying for financing to bidding on contracts or expanding into new markets.

That is why efforts to make formation more accessible should be viewed as part of a broader small business strategy. Reducing barriers at formation may encourage more businesses to begin with a compliant foundation.

What it costs NJ

New Jersey’s fee reduction is also notable because it comes at a cost to the state. According to the governor’s Fiscal Year 2027 budget recommendations, the change is expected to reduce state revenue by approximately $4.1 million annually. In other words, this is not just a technical adjustment to a fee schedule. It is a policy choice.

The state is choosing to give up a modest amount of revenue in exchange for lowering the cost of entry for entrepreneurs forming new entities, nonprofits incorporating and out-of-state businesses registering to operate in New Jersey. That matters in a competitive environment where states are constantly trying to attract business formation, investment, and job creation.

For local entrepreneurs, the change should also serve as a reminder to look closely at the full lifecycle of compliance. Formation is the beginning, not the end. After filing, businesses still need to pay attention to annual reports, registered agent information, tax obligations, licenses, permits, ownership changes, and other requirements that may apply depending on their structure and industry.

That expensive ‘later’

Too often, small business owners think compliance is something they can deal with later. But “later” can become expensive. A missed filing, outdated address or lapsed status can create problems at exactly the wrong moment — when a business is seeking a loan, signing a lease, closing a major contract or expanding outside the state.

That is why the best way to think about this fee reduction is not simply as a discount. It is an invitation.

It is an invitation for entrepreneurs to take the formal step of creating a business entity. It is an invitation to get organized from day one. And it is an invitation to view compliance not as red tape, but as part of building a business that others can trust.

[T]he best way to think about this fee reduction is not simply as a discount. It is an invitation.

Taking the next step

New Jersey has a vibrant small business community, from Main Street retailers and restaurants to professional services firms, contractors, startups, family businesses and nonprofits serving local communities. Each of those organizations begins with someone deciding to take an idea seriously enough to make it official.

Lowering formation fees will not remove every barrier that entrepreneurs face. Access to capital, real estate costs, labor challenges, inflation and regulatory complexity will still weigh heavily on many small business owners. But policy does not always have to solve every problem at once to be worthwhile.

Sometimes, progress looks like reducing friction at a critical starting point.

For entrepreneurs preparing to launch in New Jersey, the takeaway is straightforward: know which entity type and filing apply to your business, understand the new fee structure, and use the formation process as the first step in building a strong compliance foundation. A $25 reduction may seem small on paper, but when paired with the right mindset, it can help more business owners start on the right foot.

And for New Jersey, that is a smart investment in the people willing to build something here.

Allison DeSantis is senior director, Product Counsel at LegalZoom. She is an experienced leader with a passion for serving entrepreneurs. Previously, she served 16 years as a government attorney for the Ohio Secretary of State with a focus on implementing process improvements and legislative changes to reduce barriers for small businesses. DeSantis attended the University of Dayton and the University of Dayton School of Law.