How Long Do You Have to Publish Your LLC in NY?
Forming an LLC in the state of New York is a straightforward process. You must first file the Articles of Organization with the New York Department of State (DOS) and then publish a Certificate of Publication within 120 days of the initial filing. Failure to publish an LLC publication in NY within this time frame results in the DOS suspending the LLC’s ability to operate legally.
The following is a look at how to file for an LLC and the publication requirement to fully form an LLC and be able to operate as a legal business entity.
How Long Does it Take to Form Your LLC in NY?
It takes a couple of hours to complete the Articles of Organization before filing it with the DOS. The process begins with a name search of the DOS corporate name database to ensure the business name picked hasn’t been taken. Once the desired title for the LLC is available, the Articles of Organization are filled out. It’s possible to save time by having the necessary information in front of you as you fill out the paperwork.
After the Articles of Organization have been completed, they need to be filed with the DOS to begin forming the LLC. The LLC is formally recognized by the state when all of the steps outlined in the Consolidated Laws of New York, Chapter 34, Section 206 are completed.
How to File an LLC in New York State
To form an LLC in New York State, the Articles of Organization must be completed, then submitted to the DOS. You can download the PDF for the Articles of Organization from the website DOS or file online through the DOS website. Make sure to fill out all the required fields to ensure prompt acceptance and filing of your paperwork.
If filing by mail is preferred, the completed Articles of Organization should be mailed with a check to the Department of State. The mailing address for filing is:
Department of State
Division of Corporations
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231
Length of Time Needed to Process an LLC
The time it takes to process a New York LLC depends on how the Articles of Organization are submitted. It can take up to seven business days on average if filed online and up to seven weeks if the papers are sent in by mail.
Expedited Processing of an LLC
The LLC can be formed quickly through expedited processing. There’s an additional fee for this service, and it can be done by submitting the Articles of Organization online, by mail, fax, or in person. The fees for expedited service have to be paid separately from the $200 fee required for filing the Articles of Organization. The fees are:
- $25 for a 24-hour turnaround
- $75 for same-day processing
- $150 for two-hour processing upon receipt of the request
The DOS accepts expedited requests during a specific window of time for each type. The 24-hour request requires the submission of the Articles of Organization between the hours of 9:00 a.m. and 4:00 p.m. These requests are completed within 24 hours of acceptance and do not count weekends, holidays, or any other day the DOS is closed.
Same-day requests must be received by noon by fax or hand-delivered, and two-hour requests must be received by fax or hand-delivery by 2:30 p.m. on the day of submission.
Only documents that are properly filled out will be accepted and delay the processing of the LLC until the errors are corrected.
How to Complete the Requirements for Filing an LLC in New York
Filing the Articles of Organization for an LLC is the first stage of forming a corporate entity. The Department of State also requires an LLC publication in NY newspapers to complete the process and allow you to operate your LLC legally. New York is one of the three remaining states that require an LLC to publish notification of its formation in two local newspapers. This requirement is a holdover from the days when the only way of notifying the public of the existence of an LLC was to publish an announcement in the newspapers.
According to Section 206 of New York State’s LLC law, the person who formed the LLC must publish a notification once a week for six consecutive weeks in two newspapers in a daily and weekly publication. Unfortunately, publishing in any newspaper with the best service rates is impossible. New York DOS requires the publication of the notification in the county where the business is located. For example, if the company is located in the Bronx, you must publish it there.
Further complicating the process, the County Clerk selects the newspapers for publishing, giving you no choice. The County Clerk can require the responsible party to publish the notification in expensive newspapers. Compliance is necessary to get your LLC adequately formed. The notification has to be published once a week in both newspapers for six weeks. Depending on where the business is located, this can cost as much as $1200.
Once the six weeks have been completed, the newspaper will provide an Affidavit of Publication. This affidavit has to be filed with the DOS and requires the payment of another $50 for it to be processed. The cost of filing an LLC goes up exponentially with the publishing requirement.
Another issue that comes with the publication requirement is the fact that you have to publish the address of your business.
Do You Need to Hire a Registered Agent?
Strictly speaking, no. You don’t need to hire a registered agent. You can name yourself, a family member, or a friend as the registered agent, provided you or the person named is available during business hours from Monday through Friday. The registered agent must receive service for court paperwork and communications from the state. If you need to be more capable of meeting the availability requirement, you can contract with a registered agent service to act on behalf of your business.
A registered agent service can accept service and mail on behalf of the LLC and promptly inform the designated individual of their arrival. The service can also take care of filing for an LLC, completing the Articles of Organization, and handling the Certification of Publication to help you form your LLC.
Why You Should Hire a Registered Agent
The requirement for LLC publication in NY adds a complicated factor that must be monitored to complete your filing. We offer an accurate and fast filing service at Windsor Corporate Services for clients seeking to form an LLC in New York.
We can help you form your LLC, file the Articles of Organization, provide you with copies of the documents, and help with the Certification of Publication. Our registered agent services also include filing the Certificate of Good Standing and maintaining other calendar requirements to comply with your LLC. Call us today or visit our website to learn more about what we can do for you.