New York State Requirements for LLCs
There’s a little-known requirement for LLCs that are conducting business in the Great State of New York that requires that the Application for Authority (for foreign limited liability companies) or the initial articles of organization (for a domestic New York limited liability company) must be published in two publications—one weekly and one daily, for six weeks consecutively in the county where the LLC is located in New York. The cost of the publishing will depend on the county in which the LLC is headquartered. The cost can vary drastically depending on the county. Albany County is relatively inexpensive and of course, New York County is the most expensive, by far, for obvious reasons. These are hoops for entrepreneurs to jump through and they are likely intended to create additional revenue for the dying newspaper industry.
At Harvard Business Services, Inc., we can help you stay compliant and file your Delaware LLC to operate in New York as a foreign LLC. We can also handle the New York Application for Authority and Certificate of Publication.
Certificate of Publication Foreign Limited Liability Companies
Section 802 of the New York State Limited Liability Company Law requires that within 120 days after the filing of the application for authority, a foreign limited liability company (LLC) must publish in two newspapers a copy of the application for authority or a notice related to the qualification of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the application for authority. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.
Certificate of Publication Domestic Limited Liability Companies
Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.
I cannot tell you how many clients we’ve worked with who are doing business in New York and have completely overlooked this requirement. If you would like our assistance filing your New York foreign qualification or completing the New York publishing requirement, please reach out to us today at andrew@delawareinc.com or 1-800-345-2677 or 1-302-645-7400 ext. 6133.
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