The New York publication requirement is relatively simple.
You must publish a notice of your company's formation in two newspapers: one located in the county where your company is headquartered and one found in the county where your company's registered agent is located.
If your company is a foreign LLC, you must also publish a notice of your company's formation in two newspapers: one located in the county where your company is headquartered and one located in each county where your company has an office or other place of business.
Your notice must appear in each weekly newspaper for two consecutive weeks.
New York LLC Publication Requirement
A limited liability company, or LLC, is an entity that enjoys limited liability protections.
Many states have specific requirements for limited liability companies to publish some information in at least two local newspapers before forming.
The New York LLC publishing requirements are listed below.
New York LLCs publication requirements:
- At least once a week for two consecutive weeks
- In a newspaper of general circulation in the county where the LLC is to be located
Certificate of Publication:
- The certificate of publication must be filed with the limited liability company's formation documents
Whether you are a local or foreign limited liability company, complying with New York's LLC publication requirement listed above is critical.
New York LLC Publishing Guide
The first step is to determine if your New York LLCs are required to publish. The New York limited liability company law requires LLCs to post unless they have filed an election to be exempt.
The New York County Clerk website has a publication requirements tool that can help you determine if your LLC is required to publish.
If your NY LLC must publish, the next step is to submit a publication notice to the County Clerk. The notice must include:
- The name of your LLC.
- The principal business address
- The county where it is located
It must be published once a week for three weeks consecutively in a newspaper of general circulation. The notice can either be submitted on paper or electronically through the County Clerk's website at no cost.
After you complete the publication process, the County Clerk will send it to your mailing address and publish the notice.
You will need to record it in your County Clerk's office. You can transact business on either paper or electronically through the Country Clerk website.
In the County Clerk's office, you will receive a NY LLC publication number which must be given to your registered agent as proof of compliance.
The last step is to file this information with the NY Department of State Division of Corporations online or by mail for a fee.
Your LLC should have already filed its Articles of Organization, so this is not necessary unless you have amended your Articles of Organization.
Importance of Publication
The purpose of the LLC publication requirement is to provide public notice of the existence of the LLC.
This is important because it allows anyone to object to the LLC's formation or file a lawsuit against the company.
Additionally, it notifies potential creditors of the company's existence.
Furthermore, publishing your LLC's articles of organization is the only way to get a Certificate of Publication, which is required to file your company's annual report.
Finally, publishing your LLC's articles of organization is a required step in the process of opening an LLC.
If you don't publish them, your company won't be formed and will be considered never to have existed. This could lead to legal problems for you and your company.
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How Much Does It Cost to Publish an LLC in New York?
The publication costs in New York vary depending on the county in which the company is registered, such as Albany county.
The most expensive counties are Suffolk and Manhattan, where the publication filing fee is $1,350, and the publication fee is $450, for a total of $1,800.
The cheapest counties are Niagara and Wyoming, where the filing fee is only $50, and the publication fee is $0, for a total of $50.
There are several ways to save money on publication fees in New York.
One way is to file the Articles of Organization online, which costs $200 regardless of the county.
Another way is to make your registered agent publish the NY LLC in a less expensive county.
Finally, it is also possible to save money on the publication fees by publishing the LLC in a lower-rate weekly newspaper.
Overall, the publication fees in New York range from $50 to $1,800, depending on your LLC's business address and the publication method.
However, there are several ways to save money on these costs, making it a more affordable option for entrepreneurs and small businesses.
Risks of Ignoring the Publication Law
There are several risks of ignoring the publication law for limited liability companies in New York.
First, if you do not publish your LLC's articles of organization, your company will not be formed and considered non-existent. This could lead to legal problems for your company and every registered agent.
Second, publishing your LLC's articles of organization is required to file your limited liability company's annual report.
This filing fee costs $50, and you must transact business on paper rather than online through the New York Department of State website.
Third, if an individual does not publish their LLC's articles of organization within 120 days of formation, they may be subject to a $1,000 penalty.
Finally, the publication of an LLC's articles of organization allows anyone to object to the company's formation or file a lawsuit against it. This increases the risk that your company will face legal problems if it does not comply with New York LLC law.
FAQs
What Happens if I Don’t Publish My LLC in NY?
If you do not publish your LLC's articles of organization, your company will not be formed and will be considered never to have existed. This could lead to legal problems for you, your company, and your registered agent. Additionally, the state of New York may suspend your authority to do business in the state.
Does Legalzoom Do Publication?
If you're in the process of forming an LLC in New York, be sure to publish its articles of organization to avoid any legal issues down the road.
LegalZoom offers a simple and affordable way to care for your company's publication needs. Let your registered agent deal with the specifics if you're unsure of what to do.
