LLC Publication New York: Everything You Need to Know
An LLC publication New York is necessary to announce your formation of the company. 4 min read
2. What Happens if You Ignore New York's LLC Publication Requirement?
An LLC publication New York is necessary to announce your formation of the company. You'll need to do so in two publications, once a week for six consecutive weeks. This law has been removed from most other states, as there are lots of ways for LLCs to announce their information besides newspapers and ads.
For new businesses to form an LLC in New York, you'll need to complete the New York-specific articles of organization and file them with the state by mail, fax, in person, or online. The associated fees for New York LLC registration is $200 ($250 for a foreign LLC in New York).
The normal processing time for mailed submissions is seven days plus mail time, or you can pay an additional fee for expedited review by fax. If you're filing online, your application will be approved in one day.
For an existing business that has formed a New York LLC or registered as a foreign LLC in New York, you need to change the address of your registered agent in New York. Also known as the address for service of process, this is done by filing a certificate of change or amendment form with the Department of State. The New York certificate of change fee is $30 and $60 for amendments.
How to Publish Your New York LLC Information
The publication is supposed to be completed within 120 days from the date on your articles of organization. If you don't complete this process within 120 days, you still should complete the publication process.
The publication process framework means you need to publish:
- The notice for six consecutive weeks.
- The notice in two different newspapers (one must be a daily newspaper).
The recommended newspapers are the weekly Altamont Enterprise, which costs $30, and the daily Times Union, costing $60-$100.
The details for emailing or mailing your publication to these newspapers are:
The Times Union
P.O. Box 15000
Albany, NY 12212
P.O. Box 654
Altamont, NY 12009
The information you need to send in your request to the preferred newspapers is a summary of your LLC's articles of organization or foreign qualifications. New York LLC Law Section 206 states the following information must be included in the publication notice (you can abbreviate the information to reduce the fees):
- The name of the LLC.
- The effective date the NY LLC was filed and formed (or qualified).
- The NY county where the office is.
- The principal office address.
- A statement that the New York Secretary of State is named as the agent for service of process.
- Name of a New York registered agent.
- The purpose of the business.
The publication is supposed to be published in your "office" county. But there are no court rulings that have clarified what this means. If someone is positive they know what it is, don't believe them, as they're likely trying to sell you something. Many people use an address in a small county (like Albany) so that the costs of publication is reduced.
This publication requirement is a big (expensive) hassle, which is a big turn off for many businesses initially looking to form their LLC in New York. There is one exception to the publication requirement: an LLC that's a "theatrical production company."
What Happens if You Ignore New York's LLC Publication Requirement?
LLCs that fail to fulfill the publication requirements within 120 days will have their authority to carry on, conduct, or transact any business suspended, as per New York LLC Law 206. As scary as it sounds, the section also says any contracts made by the company will remain as will the liability shield.
What's more likely to happen is your LLC losing the right to sue in New York courts and the inability to get your certificate under seal (also known as a certificate of good standing), which partners or vendors may want to see before working with your LLC.
If you do eventually finish the publication after the 120 days, you can still file your certificate of publication and your authority as an LLC will be reinstated as per the date of the LLC initially forming.
Most LLCs will meet the publication requirement, but sometimes they find the costs associated with publishing in a newspaper to be massive when they have little capital startup. So some companies continue to put off publication or just never do it at all.
If you need help with the New York LLC publication, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.