What is the LLC Publication requirement?
Limited Liability Companies formed in New York must publish notice of the company’s formation in two publications (one daily and one weekly) for six consecutive weeks. The notices must be posted within 120 days of the time the LLC is formed or the company will lose the right to conduct business in New York.
Who should I contact to publish the LLC notice?
The procedure for completing the LLC publication requirement is quite straightforward. First the company owner must contact the county clerk for the county where the company is registered. The relevant county is the county of the principal office address on the Articles of Organization. If the company office is in Manhattan, you should contact the New York county clerk and if the company office is in Brooklyn you should contact the county clerk for Kings county. The company will need to send its Filing Receipt and Articles of Organization to the clerk and he or she will provide information on two publications where the company must publish notices. The company should contact these publications to create the LLC notice.
Most publications are very familiar with this requirement and they will either create the notice for the company or allow the company to fill in a standard form which generates the notice. After the company approves the proof and pays the fee, the publication will publish the LLC notice. Fees will vary based on county but businesses can expect to pay several hundred or even a few thousand dollars.
What happens after the notices are published?
Once the notice has run for the required amount of time the publications will send notarized affidavits to the company owner. The company owner can then complete the Certificate of Publication (found here for Domestic LLCs) and send the completed Certificate of Publication to the New York Department of State, Division of Corporations. There is a $50 filing fee that must be sent with the certificate. More information about New York’s LLC publication requirement and LLC formation in New York can be found here.
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