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New York is one of the states where a Limited Liability Company must publish a notice for a specific period of time as soon as the LLC in New York is formed. To do so, the LLCs must follow some rules the State of New York set. In this article, you read about the New York publication requirements for an LLC. Read this guide to know the requirements in detail.
On this page, you’ll learn about the following:
New York Publication Requirements
In New York, after filing the formation documents with the New York Secretary of State, every LLC has to publish a notice in the newspaper for a certain period of time. As the publication run ends, the LLC can start operating in the state. Here are the requirements for New York LLC publication,
Requirements – What to Do
- Every LLC in New York has to meet the publication requirements within 120 days of forming the LLC.
- This notice of LLC formation should be published for 6 weeks consecutively.
- The notice should be published in two newspapers, one daily and one weekly.
- After 6 weeks, both newspapers will issue a New York Certificate of Publication as proof of compliance. That certificate should be filed with the New York Secretary of State.
- The filing fee is $50.
What to include in The Notice
The notice LLCs have to publish needs to have the following information,
- LLC name
- Name of the New York Registered Agent
- Address of the Registered Agent
- Address of the LLC (if it is different from the address of the registered agent or the LLC is not using a registered agent service)
- Whether your LLC is a professional LLC or not.
Approved Newspapers
As mentioned above, LLCs should choose a newspaper that is approved by the New York Secretary of State. These newspapers should be legal and in circulation. There are a number of newspapers in New York to publish your notice. The newspaper should meet the following requirements,
- It must be in circulation in the county your LLC is located in.
- It must be published around the year every week (i.e., 52 times in one year) OR every day (i.e., 365 days in one year)
Choose your newspaper wisely to get the job done as well as save some money. You can find the list of newspapers (daily and weekly) based on counties here – New York Approved Newspapers Available for Notice Publication.
Cost of Publication in New York
New York, unlike other states, is quite expensive regarding the cost of publications. The cost can go up to $2,000 for 6 weeks of publication in 2 leading newspapers in some of the leading counties. On the other side, after the newspaper runs are done, the LLC has to file the Certificate of Publication by paying a filing fee of $50.
As the cost of publication in New York is way too much, it can be difficult for a small business to cope with the budget. In this case, LLCs can go for one option. If they hire a registered agent service that has several offices in New York State, then they can help you save some chunk of money here. There are some counties where the cost of publication is as low as $100 for 6 weeks of publication (including the issue of the publication certificate). If your registered agent has an official address in one of those counties, then you can use the address and local newspapers there to save your money.
If you want to hire a professional service for your LLC formation, you might get this service at a lesser price. You can explore the best LLC services to know about the professionals.
Expedited Fees
LLCs can expedite the process by paying additional expedited fees. In three ways LLCs can expedite the affidavit filing process,
- Additional $25 per document if you want to process it within 24 hours of filing
- Additional $75 per document if you want to process it within the same day of filing
- Additional $150 per document if you want to process it within 2 hours of filing
Effect of Non-compliance
In New York, if an LLC fails to comply with the publication requirements, they have to face two major consequences. The first thing is that it affects their good standing which means that if they are being sued, they won’t be able to use the corporate veil. That is it will be pierced.
On the other side, failing to comply with the requirements, they won’t be able to sue anyone using New York Court system. They will have to wait till the publication requirements are met to do so.
After the Publication of LLC formation
Once the Notice of LLC formation is published for 6 weeks in the approved newspaper, you will receive a New York Certificate of Publication. This document is proof that you complied with the publication requirements in New York. Once you receive the Certificate, you can file it along with the form of publication to the New York Department of State. You need to download the PDF form from below, fill it up and send it to the following mailing address.
Mail to,
New York Department of State,
Division of Corporations,
One Commerce Plaza,
99 Washington Avenue,
Albany, NY 12231
FAQ
In New York, all the LLCs have to publish a notice of LLC formation in a state-approved newspaper. It should run for six weeks consecutively. This is a mandatory requirement for all the LLCs that are formed in the state of New York.
Within 120 days of the formation, LLCs have to go for publication. If they fail to comply, they will get another 30 days extension to get it done, or else, the LLC will be terminated.
The publication cost depends on the newspaper LLC is selecting. The cost can go up to $2000 on average.
Why New York Publication Requirements is So Important
At their core, publication requirements are a manifestation of the fundamental values of democracy. They are a recognition that the public has the right to access reliable information, and that the media plays a crucial role in enabling this access. By putting in place rules and regulations governing publication, New York state is helping to ensure that media outlets are held to a high standard of editorial integrity.
One of the key reasons why publication requirements are so important is that they help to fight against the spread of misinformation and fake news. In today’s fast-paced digital environment, it is all too easy for false or misleading information to be disseminated widely, leading to confusion, mistrust, and social division. By requiring media outlets to adhere to certain standards of accuracy and fact-checking, publication requirements help to counteract this trend and promote a more informed and educated citizenry.
Furthermore, publication requirements also help to promote transparency and accountability in the media industry. By requiring media organizations to disclose their ownership, funding sources, and potential conflicts of interest, these requirements help to ensure that the public can make informed judgments about the credibility and integrity of the content they consume. This transparency is essential for maintaining public trust in the media and upholding the democratic principle of an informed citizenry.
Another important aspect of publication requirements is their role in promoting diversity and pluralism in the media landscape. By ensuring that a wide range of voices and perspectives are represented in the media, these requirements help to foster a vibrant marketplace of ideas and opinions. This diversity is essential for promoting dialogue, debate, and critical thinking in society, and for preventing the concentration of media power in the hands of a few dominant players.
In addition to these democratic benefits, publication requirements also serve important economic and professional functions. By setting clear guidelines for editorial standards, these requirements help to professionalize the media industry and uphold the reputation of journalists and news organizations. They also help to protect consumers from fraudulent or deceptive practices, ensuring that they have access to reliable and trustworthy information.
In conclusion, the publication requirements in New York state play a crucial role in upholding the values of democracy, promoting transparency and accountability, and fostering diversity in the media landscape. By adhering to these requirements, media organizations can help to cultivate an informed, educated, and engaged citizenry, and contribute to a healthier and more vibrant public discourse.
In Conclusion
As soon as your formation process is done, the publication must be done too. Else, you can lose your LLC in New York. It is recommended that you hire an LLC service provider to take care of all these things for you. If you have any questions do let us know by commenting below. We appreciate your suggestions and feedback.