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.
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.
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.
New York Department of State,
Division of Corporations,
One Commerce Plaza,
99 Washington Avenue,
Albany, NY 12231
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.
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.