Taking Care of the LLC Publication Requirement
In New York, every new established limited liability company (LLC) must announce their generation by publishing a legal notice in two newspapers for the period of six consecutive weeks, within 120 days of formation. Regardless of the information available on the official website of New York Department of State, the officials have affirmed the compulsory publication of LLC’s name, notice of formation, and basic contact information. Investors, lawyers, and others who learn the difficulties to attract new start-ups to New York have been offended by the publication requirement, but the officials have constantly repeated the requirement.
As soon as your LLC does business in New York, you should file your Certificate of Publication too. You can save on publication cost if your primary office is located outside of New York State. You can also relocate your primary office to New York State, once the publication is finished successfully. You don’t have to publish a legal notice again if you relocate your principal office, or change the name of the LLC.
Here are few things you need to do for your newly established New York Limited Liability Company:
Find your LLC’s filing receipt
The Department of State doesn’t issue the duplicate copy of your any filing receipts. If you don’t have your filing receipt with you, ask the company or person that produces your LLC.
Contact the county clerk
Contact the county clerk of the county where the LLC has its primary office and give them the filing receipt you collected from the New York Secretary of State (SSNY) after filing your Articles of Organization. The county clerk will grant you the names of two newspapers in which you need to file your Certificate of Publication. Remember that you cannot publish your notice in the newspaper of your choice.
Contact the newspaper
Contact the newspapers suggested by the county clerk and pay their respective fees. The newspapers will give you a sample notice which includes few following things:
- Name of the LLC.
- The date on which the LLC was formed.
- The county where the primary office is located.
- Street address of your primary office.
- Name and address of the LLC’s registered agent.
- The purpose or character of the LLC.
File a Certificate of Publication
Once the publication notices have run, the newspapers will provide you with an affidavit of that publication. This affidavit contains a piece of paper with a statement saying that they have published your notices. You need to send the affidavits of publication and Certificate of Publication to the Department of State.
The requirement of New York publication can be a tiring task but it’s essential for all New York Limited Liability Companies. If you don’t bother about publishing the notice, your LLC may unbind the authority to do business in New York State, and the Department of State will not issue a Certificate of Good Standing for your company. A company said to be in Good Standing if and only if the company has filed all required paperwork with their equivalent agency and has paid all appropriate annual fees.