New York Limited Liability Company Law requires the publication of a notice of formation of a LLC within 120 days. Essentially, it is a notice to the community of the formation of the company, the address of the company and upon whom notice of a lawsuit should be served.
Failure to complete publication will result in the loss of authority to do business. This requirement can add as much as $1,300 to the cost of forming a LLC in NY. The publication must be made in two newspapers, once weekly and one daily, in the county where the LLC has its principal office.
Unfortunately, forming the LLC in a different state will not save any money since NY also requires foreign entities who register to do business in NY to meet the same publication requirement.
Shortly after registering the LLC with the NY Department of State the filer will likely receive numerous offers from companies who will be happy to complete the publication process. However, meeting this requirement is fairly simple and straightforward and can easily be handled by yourself. However, if you would like someone to handle it for you check out my all inclusive publication package.
- Locate Filing Receipt.
You received this shortly after you filed your documents with the Department of State. The Department of State will not issue a new filing receipt, so keep yours in a safe place.
- Contact County Clerk and Obtain Names of Designated Newspapers.
Some counties, such as Kings, require you to go to the clerk's office with your filing receipt. Some counties, such as Nassau, provide designated newspapers on their websites.
- Submit Notice for Publication in Designated Newspapers.
Notice of formation of limited liability company (LLC). Name: ----, LLC. Articles of Organization filed with Secretary of State of New York (SSNY) on --/--/20--. NY office location: ---- County. SSNY has been designated as agent of the LLC upon whom process against it may be served. The post office address to which the SSNY shall mail a copy of any process against the LLC served upon him/her is --------, ------, NY 1----. Purpose/character of LLC: Any lawful purpose.
- Obtain Affidavits of Publication from the Newspapers.
After the completion of publication each newspaper will send you an affidavit of publication.
- File the Affidavits Along with a Certificate of Publication.
Forward the affidavits of publication along with a certificate of publication and a $50 filing fee to the NY Department of State.
That's it. Still need help? Check out my all inclusive publication package.
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.