If you’re considering LLC New Yourk formation, it’s important to be aware of the NY LLC Publication Law. This law requires all LLCs formed in the state of New York to publish a notice of their formation in two newspapers, one daily and one weekly, within 120 days of their formation. Failure to comply with this law can result in fines and even dissolution of your LLC. In this article, we’ll provide you with a step-by-step guide on how to comply with the NY LLC Publication Law.
Step 1: Check if Your LLC is Subject to the NY LLC Publication Law
Not all LLCs formed in New York are subject to the NY LLC Publication Law. Only LLCs that are formed for profit are required to comply with this law. Additionally, if your LLC has an office in a county with a population of less than 50,000 people, you may be exempt from the publication requirement. Make sure to check with your county clerk’s office to see if you’re exempt.
Step 2: File Your Articles of Organization with the New York Department of State
Before you can comply with the NY LLC Publication Law, you must first file your Articles of Organization with the New York Department of State. This is the document that officially forms your LLC. You can file your Articles of Organization online or by mail.
Step 3: Wait for Your LLC to be Approved
After you file your Articles of Organization, you’ll need to wait for your LLC to be approved by the New York Department of State. This process usually takes about a week, but it can take longer during busy periods.
Step 4: Publish a Notice of Your LLC’s Formation in Two Newspapers
Once your LLC has been approved by the New York Department of State, you’ll need to publish a notice of your LLC’s formation in two newspapers. One notice must be published in a daily newspaper, and one must be published in a weekly newspaper. The newspapers must be designated by the county clerk in the county where your LLC’s office is located.
The notice must include:
- The name of your LLC
- The date your LLC was formed
- The county where your LLC is located
- The street address of your LLC’s principal business location
- A statement that your LLC is being formed for a lawful purpose
Step 5: Obtain Affidavits of Publication from Your Newspapers
After you’ve published your notices in the two designated newspapers, you’ll need to obtain affidavits of publication from each newspaper. The affidavits must be signed by a representative of the newspaper and include:
- The date the notice was published
- The name of the newspaper
- The page number of the newspaper where the notice was published
- A statement that the notice was published in accordance with the NY LLC Publication Law
Step 6: File Your Affidavits of Publication with the New York Department of State
Once you’ve obtained your affidavits of publication, you’ll need to file them with the New York Department of State. You can file your affidavits of publication online or by mail. Make sure to include a cover letter with your filing that includes your LLC’s name, your name, your address, and your phone number.
Step 7: Keep a Copy of Your Notices and Affidavits of Publication
It’s important to keep a copy of your notices and affidavits of publication for your records. You may need to provide proof of publication in the future, and having copies of these documents will make it easier to do so.
Step 8: Update Your LLC’s Operating Agreement
After you’ve completed the publication requirement, it’s a good idea to review and update your LLC’s operating agreement. An operating agreement is a legal document that outlines the ownership and operating procedures of your LLC. Make sure that your operating agreement reflects any changes or updates that have occurred since you initially formed your LLC.
Step 9: Renew Your LLC’s Publication Requirement Every Two Years
Under the NY LLC Publication Law, you must renew your LLC’s publication requirement every two years. This means that you’ll need to publish a notice of your LLC’s formation in two newspapers again, obtain affidavits of publication, and file them with the New York Department of State. Make sure to mark your calendar and set reminders to ensure that you don’t miss the renewal deadline.
By following the step-by-step guide outlined in this article, you can ensure that your LLC is in compliance with the NY LLC Publication Law. With these steps, you can form and maintain a successful LLC in New York. Let Windsor Corporate Services help with the formation LLC in New York and ensure compliance with the NY LLC Publication Law. Our team of experts can guide you through the entire process, from selecting the right name to completing the necessary paperwork and meeting all legal obligations.