Jack DonaldThe process of forming an LLC in New York includes a number of conditions to be met to make the business completely legal. One of them is the state’s publication requirement, which applies to both domestic and foreign companies.
The process of publication involves applying to reputable newspapers to publish proof of the business formation. In this article, we will discuss how you can do it by yourself or through a professional service dealing with the LLC registration.
There’ s no problem if you don’t have the right LLC service in mind yet. Check out our list of the top 3 best publication services for a New York LLC that will guarantee to make publishing quick and easy.
What Is the New York LLC Publication Requirement?
The LLC’s formation process has a number of unique features in New York. The most significant of these is the need to publish proof of your business formation in the newspaper. This is due, for the most part, to tradition. Nowadays, newspapers no longer reach a wide audience, and their role has been reduced, but publication is still a must.
Depending on your preferences, budget, and free time, you can choose between two publishing options:
- Handle the publication process on your own;
- Hire a professional service by publication New York to take care of it on your behalf.
If you choose to open an LLC in New York on your own, please note that the state requires compliance with the following procedure:
- Filing of Articles of Organization;
- Deciding on two different newspapers: once the company’s documents have been approved, contact the county clerk to find out which newspapers are appropriate to publish the announcement. One should be a daily newspaper and the other follows a weekly release schedule in the county where your company’s home office is located;
- Publishing: contact the county clerk newspapers and ask for your advertisement to be published once per week for a period of six weeks.
- Obtaining the Affidavit of Publication and state’s Certificate of Publication: after the completion of all publications, the publishers of both newspapers must provide supporting documents;
- Submitting documents: all publication materials must be sent to the office of the New York Department of State Division of Corporations, enclosing a check for the $50 mandatory fee;
- Completing the registration process by the state.
The state has 120 days to complete all of the actions mentioned above. This period begins on the date the Articles of Organization are approved.
If the publication requirements are not met within the statutory period, then the LLC will be suspended.
Publication costs range from $600 to $1,200 and depend on factors like:
- The county where you plan to conduct business;
- Publication costs.
Best Publication Services
ZenBusiness
When it comes to optimal quality/price ratio, ZenBusiness’ New York publication service is one of the best options.
Their prices are transparent. You can see the way they calculate their total cost in real-time as you fill out the order form.
This New York publication service for LLC is not the cheapest one in the industry. However, numerous positive reviews confirm their professionalism and excellent reputation.
BizFilings
The New York publication service provided by this company is among the best ones. For a reasonable $100+state fee, they offer services as follows:
- Preparing an announcement about forming a new LLC;
- Сontrol over publication;
- Filing the Affidavits of Publication with the Department of State Division of Corporations.
When planning your expenses, consider also that you will probably need to pay the additional county and newspaper fees.
Harbor Compliance
Their offering of New York publication service costs $699. This is not the lowest price for the New York LLC publication service, but it includes the state fee as well as the publication fees. Since the latter depends a lot on the county and the newspaper’s rates, Harbor Compliance can save you money in some cases.
On the other hand, if you are opening a business in a county that has low publication rates, other companies’ offers will be more favorable.
Furthermore, an important point is that you can only order a publication if you have already purchased services from this company for $2000 or more.
Sample Notice of Formation
The text of business announcements is usually made according to a universal template. You can fill it out on your own by giving your company information.
Here we have prepared several templates and examples that you can use to publish your advertisement in newspapers.
If you are using a Registered Agent Service
Format:
[YOUR LLC NAME] LLC. Arts. of Org. filed with the SSNY on __/__/__. Office: _____ County. Registered Agent Inc. designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to Registered Agents Inc. at 90 State Street, Suite 700 Office #40, Albany, NY 12207. Purpose: Any lawful purpose.
Example:
Orange LLC. Arts. of Org. filed with the SSNY on 7/28/17. Office: Albany County. Registered Agent Inc. designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to Registered Agents Inc. at 90 State Street, Suite 700 Office #40, Albany, NY 12207. Purpose: Any lawful purpose.
If you are not using a registered agent service:
Format:
[YOUR LLC NAME] LLC. Arts. of Org. filed with the SSNY on __/__/__. Office: _____ County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, [ADDRESS]. Purpose: Any lawful purpose.
Example:
Orange LLC. Arts. of Org. filed with the SSNY on 7/28/17. Office: Erie County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 75 MadeUp St. Buffalo, NY 14201. Purpose: Any lawful purpose.
Using the samples given above, you can prepare a well-organized ad for publication in the newspaper even if you are doing it for the first time.
If you plan to hire one of the professional online companies to publish it, you should discuss the text with them first. This will help you make sure that everything has been done in a proper way, according to law.
In Conclusion
Thus, we have covered the basic steps of the New York LLC publication process and outlined its specifics.
Although not every state has similar requirements, you will definitely handle them, even if you decide to do it on your own.
However, this is not the only option.
There are several reputable services that can assume a part of the responsibility of starting your business. If you are a busy entrepreneur, working with a professional company is a good way to register your LLC without any distractions from your current business. Of course, it will require some expenses, but the time you save and the assurance that your company is fully compliant with state law are worth it.
