What is New York’s publication requirement? The LLC publication requirement states that a newly formed LLC must publish in two local newspapers for six consecutive weeks. The county clerk must assign the newspapers in the county in which the LLC maintains its office. Affidavits of publication, issued by the newspapers upon completion of the publication period, must then be filed with the NYS Department of State within one hundred and twenty (120) days from the date the LLC was initially filed. Once this has been completed, the publication requirement has been satisfied, and the LLC complies with the statute.
The cost of publication of notice varies by county and newspaper. While individual counties and certain newspapers may be more expensive than others, unfortunately, it is not up to the LLC to choose which newspaper to publish. The county clerk of the county in which the LLC is located will make that determination. When there is a choice, we select the lowest priced newspaper.
LLCs that have not fulfilled the NY publication requirements within 120 days after their formation or qualification may have their authority to conduct or transact any business suspended. Any time following the suspension, the LLC may file the certificate of publication and affidavit of publication, and the LLC will be reinstated.
Be Wary! Some service/advertising companies recommend a gambit in which, in order to save money, your organization is temporarily filed with the business address of their office in a county where LLC advertising costs are lower than the county where you will in fact operate the business. They explain that, at some time in the future, they will file a certificate of change of address to the county where you are actually doing business. At that time, they will charge you the disbursement fee and filing fee for the service. Be advised that this is skirting the law, if not breaking it outright.
Furthermore, it places your entity at risk in several ways. If you commence an action in the courts of the State of New York, or if an action is commenced against you, the opposition will likely search the records of the Department of State to see if the entity is in good standing. They will probably examine the published notice of the organization, and whether that notice was published in the county where it was doing business. If not in compliance, access to the courts can be denied. You may be able to cure the problem by publishing (at additional cost) notice in the county in which the entity was first engaged in business, but who needs legal snags and additional costs at such a time?
Service companies may also place LLC Notices with newspapers NOT assigned by the County Clerk. In this case, your LLC may not be in compliance with the law. If an affidavit is provided by such a newspaper, it may be fraudulent. You may have to publish notice again and you may be barred from taking action or defending an action in the Courts of New York State.
Our office, located minutes from the Department of State in the state Capitol, is staffed with customer service representatives with deep experience in handling LLC notice publication. We know the ins and outs of the process. We work every business day with County Clerks and newspapers publishing LLC notices. We get the job done and on time for thousands of LLC’s every year. Click here to order or for more information on our publication filing service.