When you form a limited liability company (LLC) in New York, you're required to publish a notice of formation in two local newspapers and file the New York Certificate of Publication.
This is known as the New York LLC publication requirement.
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We have negotiated with Northwest to provide the best discounts for our readers and highly recommend their services.
Costs & fees:
$205 NY state government LLC filing fee
$29 Northwest LLC formation fee (+ free first year of registered agent service!)
$9 for BOI filing (optional but recommended as failure to do so can result in a fine of $500/day)
$375 NY Publication fee + Certificate of Publication (optional but recommended, this includes publication fee + state government fee to file the Certificate of Publication)
For just a $29 fee, Northwest will manage the entire process for you and save you time and money.
Section 206 of New York LLC law requires that LLCs publish notice of formation once a week for six weeks in two newspapers (one daily and one weekly) that operate from the same county as the LLC's principal address. For LLCs in counties where publication fees are high, like New York County, this can be very expensive. For some small business owners, the expense could keep them from starting an LLC.
There are two main strategies used by entrepreneurs to save money on New York LLC publication costs:
Some registered agent services allow you to use their office as your principal office, which in turn allows you to publish in an affordable county.
For many new LLCs, the registered agent address is the only address they have until they lease office space. Until then, the registered agent service address can serve as the LLC's principal address.
Northwest is a registered agent service located in Albany, where the cost of publishing is very low.
Recommended: Northwest offers free registered agent services for one year with LLC formation service ($29 + State Fees + OPTIONAL - Northwest will handle all the New York publication requirements for you for a fee of $375 ) .
After hiring a registered agent service in Albany, you can complete the publication requirement yourself or hire your registered agent service to complete the task. Northwest offers affordable publication as an additional service.
If you choose to complete the publication step yourself, we recommend these newspapers:
Phone: (518) 454-5543
Email: tulegals@@timesunion.com
Fax: 518-454-5857
Times Union LLC Publication Fee: $65.00 for all six weeks and the Affidavit of Publication
Altamont Enterprise LLC Publication Fee: $1.92 per line for six weeks + $11.00 for Affidavit of Publication
Some entrepreneurs choose to wait and see if their business is going to be successful before complying with the New York publication requirement.
Limited liability companies in New York are required to publish a Notice of LLC Formation and file the New York Certificate of Publication for Domestic Limited Liability Company with the New York Department of State within 120 days of formation.
Steps to completing the New York LLC publication requirement yourself include the following:
Resources for Publication:
The notice of formation is the print that will be published by the newspapers. New York has strict guidelines for the format of the notice of formation. Based on those guidelines, we've provided sample notices below.
Format:
[YOUR LLC NAME] LLC. Arts. of Org. filed with the SSNY on __/__/__. Office: _____ County. Registered Agent Inc. designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to Registered Agents Inc. at 90 State Street, Suite 700 Office #40, Albany, NY 12207. Purpose: Any lawful purpose.
Example:
Orange LLC. Arts. of Org. filed with the SSNY on 7/28/17. Office: Albany County. Registered Agent Inc. designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to Registered Agents Inc. at 90 State Street, Suite 700 Office #40, Albany, NY 12207. Purpose: Any lawful purpose.
Format:
[YOUR LLC NAME] LLC. Arts. of Org. filed with the SSNY on __/__/__. Office: _____ County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, [ADDRESS]. Purpose: Any lawful purpose.
Example:
Orange LLC. Arts. of Org. filed with the SSNY on 7/28/17. Office: Erie County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 75 MadeUp St. Buffalo, NY 14201. Purpose: Any lawful purpose.
*Requires a written request to be submitted to the County Clerk in order to determine which newspapers will be designated for publication.
**Business owners are required to use the designated newspaper which is closer to the principal office of their business.
The State of New York has two penalties for business entities that fail to comply with the publication requirements:
Both of these penalties may be resolved by simply publishing your notice of publication. Once the publication is complete, your business may once again file suit in a New York State Court.
