If you are forming an LLC in New York, you need to be aware of the New York LLC publication requirements if you want to do business. This includes properly filing your LLC paperwork, submitting any associated fees, and publishing a notice of formation in two local newspapers. Businesses that don’t comply with this rule could be prohibited from opening their doors.
To avoid this from happening, we have the information you need if you’re planning on forming an LLC, or limited liability company, anytime soon. The Regina Gordon Law Office is here for you when it comes to answering your questions and helping you with the New York LLC publication service process. Learn more about the LLC publication process, or schedule a free virtual legal consultation.
What is the publication requirement?
New York Limited Liability Company Law requires that all newly formed LLCs publish a notice of formation within 120 days of forming. This notice must be published in two newspapers for six consecutive weeks. The newspapers must be designated by the appropriate county clerk.
Publication must be done in the county where the LLC's registered office is located. After the notice is published for six weeks, both newspapers will send an affidavit of publication, which must then be forwarded to the New York Secretary of State along with the Certificate of Publication.
What newspapers do I file my notices in?
Once the county clerk receives a copy of your LLC filing receipt, they will tell you where to publish your notices. The two newspapers they designate may rotate. You cannot choose the newspapers yourself. Generally, they will tell you to publish in both a daily and weekly newspaper.
What happens if I don't publish within 120 days?
If the certificate of publication, along with affidavits of publication, are not submitted to the Department of State within the allowed 120 days the authority of the LLC to conduct business in the state will be suspended.
Why does this requirement exist?
Although the way we give and receive information has changed over the years, the requirement dates back to times when newspapers were the main source of notifying the public. The requirements for notification have not changed.
How to File an LLC Publication in NY
The first step in filing is to fill out and file the Certificate of Publication with the Department of State. The Certificate of Publication, the filing fee, with the affidavits of publication of the newspapers attached, must be submitted to:
- New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Disclaimer: before sending sensitive information, always check that the forms provided above are up-to-date and that the above address is still the New York Certificate of Publication for Domestic Limited Liability Company.
There are fees associated with the filing process.
The next step is submitting your notice of business formation to two local newspapers. There are approved local newspapers to which you should submit your notice. Contact our LLC publication attorneys to properly file your information, submit fees, and notify approved newspapers.
What needs to be included in my LLC Publication in New York?
Under Section 206 of the New York Limited Liability Company Law, your notice needs to include the following:
- Your LLC’s name
- The date you filed your Articles of Organization
- The county where your business is located
- Your business address
- Your registered agent information
- Your LLC’s future dissolution date (if there is one)
- Brief description of your business activity
How much will it cost to satisfy the publication requirement?
The cost associated with the New York LLC publication requirement varies greatly depending on which county within New York State the LLC is located. For example, if you’re doing business in New York City, it could cost you well over $1,000. But, if you’re doing business in Albany, it can be under $200.
Does the publication cost change depending on where I live?
The cost associated with the New York LLC publication requirement varies greatly depending upon in which county within New York State the LLC is located. For example, publication of the LLC in will be $350 while will cost $625. If the LLC is located in [ listed is the total price you pay. No surprises.
Do you need a NY LLC publication service?
If you have questions about the world of NY LLC publication requirements, the Regina Gordon Law Office is here to help. We have the experience needed to navigate you through the process so that all paperwork is filled out correctly and on time. Contact us today at (347)-770-7507 to get started!
This post is for informational purposes only. It is not intended to be, nor should it be construed as legal advice. Always consult an attorney, licensed in your state, before taking legal action.