Are there requirements I must follow when choosing a name for my corporation or LLC?

Yes. Each state has different requirements (we can guide you through the specifics for your state), but generally speaking, your name must be different than all others on file in the state in which you wish to incorporate. Additionally, your name generally cannot contain certain words that suggest an association or affiliation with the federal government, and must end with a corporate designator (i.e. “Corporation”, “Inc.”, “Ltd.”, etc.)

I am forming an LLC in New York. Why do I need your services?

New York State is one of a handful of states that requires LLCs (and certain other corporate entities) to publish an announcement of their formation in the county of their principal business location. The specific publishing requirements are complex, and failure to comply to the letter could prevent you from doing business in New York. Attention to detail and a thorough knowledge of the law are essential for success.

What does New York’s LLC publication process involve?

In New York, you must publish a notice of formation in two newspapers – a daily and a weekly – in the county of your principal business location. Each notice must run for six weeks in newspapers approved by the county clerk for this purpose. When the six weeks are complete, the newspapers send you Affidavits of Publication, which are then forwarded with the Certificate of Publication to the Office of the Secretary of State for filing. The entire process must be completed within 120 days from the date of formation. Notably, Windsor Publishing completes the process within 10 weeks of receiving your work – guaranteed.

I want to form a Corporation in Delaware. What paperwork is required by the Delaware Secretary of State?

The Delaware Secretary of State requires anyone forming a corporation in Delaware to file a Certificate of Incorporation, which includes information on the corporation’s name and address, name of incorporator, number of shares the corporation is authorized to issue, name of registered agent, etc. You are not required to file corporate bylaws with the Secretary of State, although we highly recommend you create bylaws and keep them on file in your primary place of business.

I am forming an LLC in Texas, and I was told I needed to file a Certificate of Formation. What is involved in that process?

Texas requires anyone forming an LLC in that state to file a Certificate of Formation with the Texas Secretary of State. This document includes the LLC’s name; certain details on the LLC’s management; and information about the LLC’s registered agent, governing person(s) and organizer, among other things. We can handle the filing and submittal process for you in a timely and cost-efficient manner.

When forming a corporation in California, how do I make sure my corporation’s name is acceptable, and how do I reserve it?

California offers free preliminary availability checks for new corporation names. To take advantage of this, you must complete a Name Availability Inquiry and mail it into the California Secretary of State’s office. We can assist with name availability searches and performing the inquiry on your behalf. Notably, California allows you to reserve a new corporation name for up to 60 days. Again, we can handle this process for you as it can become a rather involved process.

How Long Do You Have to Publish Your LLC in NY?

21 Tuesday, December, 2022

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.

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