In New York, there is a publication requirement after forming a New York LLC.  This extra step is not favored by small business and it is unclear what real purpose it serves.  The publication requirement usually requires payments to newspapers which can be significant depending on where your LLC business is located.

After your New York limited liability company has been formed by the state and you received a filing receipt, you need to contact the local county or city where the principal office of the LLC is located.  That locality will provide you with the names of two newspapers where you will need to publish a notice of the existence of your LLC.

These publications are used to handling these notices so most of them will provide you with a form you can use to prepare the notice for your LLC.  After the publication has been completed and it has run for the specified period of time, you will receive an affidavit of publication from each newspaper.

At this point, you will need to prepare and make a simple filing with the New York Department of State (called a Certificate of Publication) and send it along with the affidavits.  Call the Department for details on the latest form and process for sending in this final filing.

While the costs to meet this publication requirement greatly increases the costs to use a New York limited liability company, the benefits of limited liability protection and tax choices still make the LLC entity a popular choice for small business owners.

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Filed under: Forming an LLC

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