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July, 2021
Publication Certificate

How To Get A Certificate Of Publication: Never forget these requirements?

If you run an LLC, your primary focus is on providing accurate, relevant products and services to your customers. At the same time, you also have to think carefully about the regulatory requirements you have to follow. If you do not follow these requirements, your business could find itself in trouble, making it difficult for you to fulfill the other duties of your company. Therefore, it is vital to be familiar with a Certificate of Publication NY. 

This publication certificate is essential because it shows that you have met the requirements necessary to do business in the local area as an LLC. As long as you follow the requirements below, you should be able to get the certification you need to announce the presence of your business. It is also to be familiar with the process, what happens after you publish, and what do you need to include.

What is a Certificate of Publication NY?

A Certificate of Publication NY is a certificate awarded to an LLC showing the state that your business has met the requirements necessary to do business in the local area. There are countless publications throughout New York State, and the government wants to make sure that all companies adhere to the same standards when announcing their presence. That is why the certificate has been put in place.

For you to do business in NY, you must announce yourself accordingly in the papers. If you try to do business without receiving this certification, your business is subject to a significant amount of liability. That is why it is crucial to be familiar with the requirements of this certificate.

Why Do You Need a Publication Certificate?

New York is one of several states in the country that requires companies with newly formed LLCs the public announcement of their formation. Companies need to announce themselves in local newspapers once per week for six weeks in a row. This requirement is primarily seen as a relic of the days when newspaper announcements and advertisements were the only way to inform the public about new companies opening their doors in the local area. Therefore, you should view these announcements as a form of traditional advertising.

Even though there have been many changes to the newspaper readership in the New York area, the LLC publication requirement law still exists in New York state. Therefore, new businesses need to get this publication certificate before opening themselves up to legal and regulatory jeopardy in New York.

What Are the Consequences if you Fail To Publish?

Even though the requirements may sound like a relic of the past, there are very real consequences if you do not meet the standards. If you do not file the appropriate newspaper ads for six weeks in a row, your authority to do business in New York will automatically be suspended. You have 120 days after the formation of your company to meet the publication requirements. Under 206(a) of the New York State Liability Company Law, your business could be punished.

Even though the law has undergone significant debate recently, there are still some practical punishments your business may face. For example, your LLC might lose the ability to file lawsuits in state courts throughout New York. Even though there is a limited liability shield in place with an LLC, it is unclear if you will lose this shield if you do not meet these requirements. Instead, it is better not to test the waters at all. Even though it seems like a requirement, LLC business owners should take out the newspaper publishing ads and make sure their businesses receive the protection they deserve.

What Are The Certificate of Publication NY Requirements for a Newspaper Publication?

There are specific requirements that all LLC businesses need to meet after formation to make sure they have met these requirements. They include:

  • The first step is to file the appropriate paperwork for the LLC. Business owners need to make sure they pay attention to the requirements when forming an LLC in NY. Once the LLC is formed, the clock will start ticking.
  • Business owners have 120 days after filing this paperwork to meet the publication requirements. Newspaper ads have to be taken out in two separate newspapers for six weeks in a row. The weeks do need to run consecutively. This means that if the company goes two weeks without placing an ad, the counter for six weeks starts over. In addition, the ads have to be taken out in two different newspapers, not the same one twice per week. One newspaper has to be a daily paper, and the other has to be a weekly paper.
  • Furthermore, the ads have to be taken out in the same county where the LLC office handling the paperwork for the business is located. The business owner cannot choose newspapers located in a different county.
  • Business owners also do not get to choose which newspapers they use. Instead, the local county clerk will designate which papers are taking out the advertisements. Business owners need to follow these instructions carefully to make sure they are taken out appropriately.
  • After all of the advertisements have been published per the requirements listed above, the publisher of each newspaper will provide the business owner with something called an Affidavit of publication. These affidavits of publication are required to get the Publication Certificate. Finally, to complete the Certificate of Publication NY requirements, business owners have to file an application with a $50 fee with the local Department of State.

Even though it would be nice for business owners to select newspapers relevant to the business’s target market, this is not necessarily the case. The newspapers are going to be selected by the local county clerk. At the same time, business owners who are concerned about the paper they’re using may be able to talk with the local county clerk to see if they can influence which newspaper publication they will use. These announcement ads should still be viewed as marketing, so there may be a way for business owners to get something positive out of this process.

How Does the Publication Certificate Process Work?

The publication certificate process is relatively simple. Even though it can take several weeks to bring this to a close, it is not necessarily that complicated; however, it can be expensive. Even though there is a $50 filing fee for the application at the end of the process, business owners need to pay for advertising space in the local newspapers. Numerous factors will influence the cost of the advertisement, including the day of the week on which it was published, the size of the ad, and the newspaper that is chosen. Business owners should expect to spend between $600 and $1,200 on this entire process. Some newspapers also charged special advertising rates for this type of requirement. Therefore, business owners need to budget it appropriately.

The local county clerk will let business owners know which newspapers they are going to be announcing their presence in. After this, it is essential for business owners to reach out to the owner of the newspaper. That way, they can coordinate how the advertisement is going to be laid out. Business owners should influence what the advertisement will say when the advertisement will run, wherein the newspaper the ad is going to be located, and how big the advertisement will be. Of course, every newspaper is different, so it is essential for business owners to understand the ground rules for this type of announcement before they get started.

Finally, it is also essential for business owners to make sure the newspaper is aware that they are announcing their presence to meet the specific publication certificate requirements. It will not be that complicated for business owners to get the affidavit they need to complete this process.

Once business owners have both affidavits, they can go back to the local county clerk’s office and complete the application process. Finally, once they have their certificate, business owners will be afforded all the protections and rights of LLCs in NY.

How Can Windsor Help You File Your Documentation?

Even though this might sound like a lot, there is a way to streamline this process. If you work with professionals who have been through this process before, you can place your company in the best position possible to be successful. That is where we can help you. We at Windsor Corporate services make sure our clients understand exactly how this publication process works.

We have a tremendous amount of experience helping companies, and numerous industries announced their presence appropriately in NY. We can walk you through this process, making sure you place your business in the best position possible to be successful. We understand that there are many details regarding the regulations of operating an LLC in New York. We want to help you reach your target market while also minimizing your potential legal and regulatory liability. If you would like to learn more about how we can help you, contact us today!

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