The New York State LLC Publication Requirements And How To Meet Them!


Are you looking for a way to meet the New York State LLC publishing requirement? If so, you might think this is a complicated process. Fortunately, the guidelines are relatively easy, allowing you to get started with ease. The publishing requirement is a necessary start of doing business in the state, and you need to meet it within 120 days of starting your LLC. 

Even though many people think this is a bit archaic, the requirement dates back to the time when the newspapers were one of the few ways to let the public know that a new business had entered the area. Even though there are many other ways we can learn about new businesses today, the requirement has persisted. Therefore, you still have to meet the publishing requirement if you want your business to operate in New York as an LLC.

What do you need to know about this process, and how can you place your new LLC in a position to be successful? Take a look at everything you need to know about this process below. Remember to reach out to professionals who can help you if you have any questions or concerns. 

The New York State LLC Publishing Requirement: Start an LLC In NY

The first thing you need to do is start an LLC in New York. You should choose a unique name for your business and provide an official business address. You also need to select a registered agent and file all required Articles of Incorporation with the New York Division of Corporations.

After this, the IRS should give you an Employer Identification Number (EIN). This is the identification number you will use to file your taxes with the IRS and indicate you have hired somebody to work for your company. 

The New York Department of State should then provide you with a filing receipt, allowing you to move forward with the process. If you have questions or concerns about how you will receive this receipt, you may want to reach out to the Department of State for clarification. You will need this when you speak to the county clerk about the NYS publishing requirement.

Get in Touch With The County Clerk In Your County

The next step is to get in touch with the local county clerk. This person should be in the same county as the one in which your LLC has its principal office. A quick online search should tell you who the point of contact is, but you can also call a local office for help. 

You need to see how that person generally likes people to get in touch with them. You might have to make an in-person visit in some cases, but you can also handle this by mail. Reach out to them and let them know that you have a new company and that you need to meet the NYS LLC publishing requirement. They will let you know what to do next.

Publish A Notice In The Newspaper per the County Clerk’s Instructions

The county clerk should request a copy of the filing receipt from the NY Department of State. After they have the receipt, they will let you know where to publish the details related to your formation. In general, you will need to publish the details in two separate newspapers, but the specifics of the newspapers could vary or rotate. It would help if you got a formal notification from the department before publishing, and you will not be allowed to choose the newspapers in which you publish the details.

It would help if you published in a newspaper that is published daily and weekly. Most newspapers are aware of this requirement, and they should walk you through the process. At the same time, you need to make sure you include the necessary details.

Include All the Relevant Information Related to Your LLC

There are several important details you need to include when you publish your information in a local newspaper. This includes:

  • The name of your LLC
  • The date on which your LLC was formed, which can be found in the Articles of Organization related to your company
  • The county in which the main office of your LLC is located
  • The street address of your LLC
  • The address where any processes against the LLC might be forwarded to
  • The agent designated by the New York Secretary of State to receive any processes that might be filed against the LLC
  • The purpose of the LLC, which the newspaper might be able to help you draft
  • If applicable, the date on which you plan to dissolve the LLC, or you can state that you intend the LLC to remain an entity in perpetuity.

There are a lot of important details you need to include when you publish in the newspaper. It would help if you worked closely with the newspapers to make sure you met the relevant requirements. Suppose you have any questions about the information you need to publish. In that case, you should look at the Articles of Organization related to your LLC, or you may want to reach out to a local government official to make sure you aren’t overlooking anything. 

Importantly, it can be expensive to publish the details of your business in these newspapers. They know that companies have to publish their details, and they will probably charge a significant amount of money. It is not unusual for newspapers to charge up to $1,000 to print the details of your business in the paper. If you have concerns about the price, you may want to reach out to the county clerk, but you probably will not have a lot of options. Make sure you budget accordingly. Remember that you need to start the publishing process within 120 days of forming your LLC in New York. 

Publish in the Newspapers For A Total of Six Weeks

Even though you may have been planning on publishing this information once, you need to do this regularly for six consecutive weeks. You do not get to take any time off from publishing in between your notices. Keep in mind that your newspapers might be daily or weekly papers, so you might have some say in when you publish during the week, but you cannot skip a week.

The newspapers have likely done this for many other companies, so they should have a standard process you can follow to make sure you meet the requirement. You should not have any issues getting repeat publications out there.

The Newspaper Should Send An Affidavit of Publication Once The Process Is Done

After you have met the publication requirements, you should receive an Affidavit of Publication from the newspapers. This is a legal document stating that you have met the NYS LLC publishing requirement. You need to make sure you get this from both newspapers because this is proof that you have completed the requirements set by the state. After you have received this affidavit, you are just about done with the process. 

File A Certificate of Publication With The New York Department of State

Lastly, it is time to fill out a Certificate of Publication. You should be able to download this from the New York LLC website. You need to attach the affidavit to this certificate and send it to the Department of State. There is also a $50 filing fee that will allow the Department of State to process this certificate. Once you have done this, you are done with the process, and you should be able to start your business operations.

How Can Windsor Corporation Help You With The NYS LLC Publishing Requirement?

There are a lot of details that you have to follow if you want to complete this process. Even though it may sound a bit outdated, it is crucial if you’re going to do business in this area. Because New York is such a significant market, you need to work with people who have gone through the process before. That way, you can place your business in the best position possible to be successful.

If you do not follow the publication requirement, your authority can do business in the state to be suspended. Therefore, you need to get this process right the first time around. At Windsor Corp., we are here to help you with this process. It can be a bit burdensome to go through this, and you have a lot of other tasks you need to think about. Therefore, you may want to allow someone else to handle this for you. We have gone through the process countless times with other companies, and we can help you with the publishing requirement. You need to notify the public of your business, and we can act as your liaison between the public and the government. That way, you know you have successfully met the publishing requirement.

First, we will sit down with you, getting to know you and your business. Then, we will figure out the most efficient way for you to form your LLC in New York. Finally, our experienced professionals will walk you through this process from start to finish, making this process as smooth as possible for you and your business. If you would like to learn more about how we can help you, please contact us today!

We look forward to helping you complete the requirements to form your LLC.

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