New York LLC - Publication Requirement (Part 2)
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- เผยแพร่เมื่อ 4 ส.ค. 2024
- Step-by-step instructions: www.llcuniversity.com/new-yor...
Now that your New York LLC is formed, you are required to notify the public of its formation by publishing an ad in two newspapers.
Your ads must run in both newspapers for 6 consecutive weeks.
One newspaper must have a daily circulation, and the other newspaper must have a weekly circulation.
For each the daily and the weekly newspapers, your ad just needs to appear once per week for those 6 consecutive weeks.
Your ads must be published within 120 days of your LLC's approval date. You can find your LLC's formation date in the Filing Receipt you received back from the State.
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-- PREPARING YOUR AD --
You can find your LLC's formation date in the Filing Receipt you received back from the State.
For the address part, you can use your actual address, or you can use the address of a Registered Agent (if you hired one).
The ad format will remain the same for both the daily and the weekly newspaper. You will simply publish the same ad twice.
You will need to call your County Clerk to obtain the contact information for one approved weekly newspaper and one approved daily newspaper.
(list of all county clerks here: www.nysac.org/countyclerks)
You should have done this in an earlier Lesson. If you did, you can just use that contact information and call those newspapers.
Once you have found an approved daily and weekly newspaper, you're ready to prepare an Ad Request Form.
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-- AD REQUEST FORM --
The Ad Request Form is a template that we created to make it easier for you when placing your ad order with the newspapers.
You can download the form here: www.llcuniversity.com/wp-cont...
The Ad Request Form contains standard language that can be used to place your ad order with any newspaper, in any County.
You will simply replace the underlined text in the Ad Request Form with your LLC's information.
Then, you will send your Ad Request Form to the newspapers to place your order.
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-- AFFIDAVIT OF PUBLICATION --
The Affidavit of Publication is proof from the newspapers that your ads have been published.
Most newspapers will automatically mail you an Affidavit of Publication shortly after the ads have run.
However, if they do not, you will need to call or email the newspapers to obtain your Affidavits.
Once received, you will then need to keep these Affidavits of Publication handy, as you will need to submit them with your Certificate of Publication to the State.
We also recommend you make a photocopy of the Affidavits and keep them with your business records.
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-- NEXT STEP --
Once you have published your ad in one weekly circulation newspaper and one daily circulation newspaper for 6 consecutive weeks, please wait for the newspapers to send you your Affidavits of Publication.
Once you receive your Affidavits of Publication, you can then proceed to the next Lesson (Certificate of Publication): • New York LLC - Certifi...
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-- DISCLAIMER --
This information is provided for educational purposes only and in no way constitutes legal, tax, or financial advice. For legal, tax, or financial advice specific to your business needs, we encourage you to consult with a licensed attorney and/or CPA in your state.
LLC University® is a registered trademark of LLCU Media Group, LLC.
© LLCU Media Group, LLC. All rights reserved.
www.llcuniversity.com
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Hey folks, make sure to check the site for most up-to-date information: www.llcuniversity.com/new-york-llc/publication-requirements-part-2/. Or select your state and start forming your LLC with our free guides: www.llcuniversity.com/
Could you also post a video on Patent and Trademark. I tried it today and it was so confusing. Thank you 🙏🏼😃
@@Unicorn-ul1ol - Are you thinking of trademarking a name or product name? If so, filing a federal trademark can be quite complicated. We recommend working with a trademark attorney.
@@llcuniversity Trademarking my name which is also my company’s name. Yea, I went to the USPTO ( United Stated Trademark website) and jesus 🙄🙄 I clicked on Trademarks then I got totally lost. They don’t simplify things. Then I decided to ask you some guidance 🙏🏼😄
@@Unicorn-ul1ol - Filing a federal trademark first requires you to be using the name "in commerce" (in the real world). So you're a bit early on the trademark part. You'll also need to figure out the categories (called International Classes, aka IC) and write IC descriptions. You have to show proof the mark is being used in commerce along with the application. Trademark filings also cost anywhere from $800 - $2,000 and take many months to get approved. It's really a very technical application and we recommend hiring an attorney if you decide to do this after your business is up and running.
FYI, my invoice for Altamont Enterprise (weekly circulation) was $24.44 (that's $13.44 ad and $11.00 affidavit). Northwest provided a link to Ravena News-Herald but that was $55.
Times Union (daily circulation) was $36.45. Northwest provided a link to The Daily Gazette but that was $65.
Hey Jason, thanks for the details. Super helpful to see that. Yea, much more affordable :)
Hey you guys I am unable to reach ANYONE from Times Union I have been calling all week. I was able to utilize Altamont but I am still in need of a daily paper😩. Please help!
This is so overwhelming to me. Seems they make it difficult on purpose. When you ran your ads did you have to give the newspapers any documentation? How did you know what the ad should say?
@@dogwalks441 This video goes over what should be written in the ad
This information is pure gold...lol
Thx so much!!!
You're very welcome! Thanks for your awesome comments!
OMG!!!!! how can I thank you!!! all these amazing videos made it less complicated. I just register my company by watching the videos. Thank you for taking the time to make all these videos. Northwest is my next step ☺😍 Manhattan they will rip me off :(
You're very welcome!! Happy to help. Also, all these videos are on our website (in a more organized layout): www.llcuniversity.com/new-york-llc/. Just follow the "Detailed Lessons" links. Hope that helps.
@@llcuniversity I am checking out :)
Thanks for your video! What about if you have a Limited Partnership? Would the ad be in the same format?
Thanks Tamara. Yes, the ad copy example will be the same, except for changing "LLC" to "LP". Hope that helps!
Hello Matt!
Thanks for your advice regarding NY publication, I availed the registered agent you mentioned (Northwest) in Albany to save on fees.
LLC was filed 12/20/2016 but I used delay filing so it would be effective
1/1/2017 (exist date)
On the articles of organization, county is QUEENS (where I live) but I availed of Northwest registered agent in Albany to save on publication fees
I do have 3 questions before I proceed to publish on Albany newspapers:
1. I would like to confirm if the date of approval I need to use is Dec 20 or Jan 1?
2. Which county should I put in the LLC ad: Queens or Albany?
3. In the LLC ad template that you gave "SSNY shall mail copy of
process to the LLC," should I put the registered agent's address here (Albany) or mine (Queens) ?
Thanks again Matt!
Hi John, I saw your message on our website as well. Thanks for reaching out.
1. Jan 1
2. You should publish in Albany, since it'll be much cheaper, but you need to have listed that Albany address on your Articles of Organization. Did you file online or by mail?
3. You should put the Registered Agent address in Albany.
Happy new year Matt!
Thank you for your wonderful reply!
I filed online but listed my address and county on my Articles of Organization.
So what I plan to do is change address to your recommended registered agent in Albany (northwest), publish newspaper in Albany, submit certificate of publication, then change address back to my real address.
Would this be a recommended way to save on NY publication?
THank you so much for your videos Matt, it helped me a lot in forming my LLC!
Happy new year man! And you're welcome :) This is not the "best" way to do it, but you have no choice at this point. Change your address, then publish in Albany. Here are the instructions for the Certificate of Change: www.llcuniversity.com/new-york-llc/certificate-of-change/. Hope that helps.
You mentioned the prices that both newspapers charged. Is that for the 6 weeks or for each time it circulates?
Hi Eden, good question. The price is for the entire 6 weeks. Hope that helps.
quick question is it a requirement to also file a certificate of authority in NY if selling goods/services ? I hear it only matters if you're selling within NYS. I will be doing mostly consulting within ny so not sure if that counts as sales taxable.
Hi Jinny, the Certificate of Authority is provided by the NY Department of Taxation and Finance and is needed if you need to collect sales tax. You can find more information here: www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/how_to_register_for_nys_sales_tax.htm. Hope that helps.
Great information for a someone looking to form a new LLC and has no idea what to do. I have a RA When doing my newspaper add do I have to include my Register Angent name and address? Or just follow yours template and just keep the SSNY
Thanks Marcelino! You don't have to list the RA in the ad. We have an updated template on this page: www.llcuniversity.com/new-york-llc/publication-requirements-part-2/
So when i use Albany then I change the address back to my "actual" County would I have to change the address on other things like my Duns and Brad, business bank account etc? Or Do I apply for those after I change the address??
The addresses don't have to match, so you're free to use whichever address you'd like for things not filed with the Division of Corporations.
Thank you for the valuable information! I just have one question... I already opened a LLC. It was registered in my home address. should I file a change of address to the site before I can hire the Northwest and use their address`s in my ads to the newspapers?
Hey Ivan, you're welcome! What are the publishing costs in the county where your home address is? Technically yes, but it's not as "solid" of a strategy as registering with the NWRA out of the get. Hope that helps.
Thanks for taking the time to make these videos! They've been invaluable! I live in New York and the publication process alone was intimidating, so thanks for doing this! Quick question; when putting in the address for the Registered Agent (via NorthWest) in the underlined section for your LLC's mailing address, do I have to put:
"Northwest Registered Agent LLC, 90 State Street, STE 700 Office 40, Albany, NY 12207 "
or just
"90 State Street, STE 700 Office 40, Albany, NY 12207"
Thanks in advance!
Hey there, you're very welcome! For the "address for forwarding of service of process", you can omit the words "Northwest Registered Agent LLC" and just use the address only. Hope that helps!
@@llcuniversity Hey there! Thanks for the reply! So just to confirm, it should say:
MY COMPANY NAME LLC. Art. of Org. filed with the SSNY on 11/15/19. Office: Albany 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, 90 State Street, STE 700 Office 40, Albany, NY 12207. Purpose: Any lawful purpose.
@@SpellsandCurses - You're welcome, but apologies this second reply was slower. We don't comment on ad text in comments (in case rules change in the future), but you can find instructions on our site for ad text: www.llcuniversity.com/new-york-llc/publication-requirements-part-2/. Hope that helps.
This is very helpful. If I formed my LLC in NYC and want to change it to NYS to make my ads more affordable, can I change it after it is formed and THEN file for ads?
Yes, you can file a Certificate of Change, meet the publication requirements (run ads, obtain affidavits, file Certificate of Publication, receive Filing Receipt), and then file another Certificate of Change. You can find instructions here: www.llcuniversity.com/new-york-llc/certificate-of-change. I also recommend checking out the other lessons on our website... they go into more details. Hope that helps.
would you start doing business now while the ads are being published or wait until the certificate of pub is submitted and accepted?
Yes, you can do business as soon as your LLC is formed. You don't have to wait for the newspaper publication requirement to be finished.
Thank you for this invaluable information!
If I hired Northwest, in the ad request form where should I ask that the Affidavit of Publication be sent? To my name at my personal address?
Hi Karen, you're very welcome! In the ad request to the newspapers, you can just have it sent to your personal address. Hope that helps.
Hello, I have a question, we created an LLc on October 17th of 2018, and we have 90 days to publish the ads in the newspapers. But it’s almost 90 days, out ads will start on January 14th, and will end 6 weeks after.
Will the state still approve the publication?
Yes, it will still be approved. The state will accept the Certificate of Publication at any time. Technically, the LLC just isn't in good standing until the requirement has been fulfilled. Hope that helps.
Sorry if I missed it, and thanks again for sharing information. Should I include the original or copy of the publication of affidavits? Thank you.
Hey Deny, copies of the Affidavits of Publication are fine to send to the state. Same thing with the newspaper “snippets” (if you were mailed a cut-out). You can keep the originals for your records. Hope that helps!
@@llcuniversity You been helping me a lot...Thank you Matt , GBU.
@@gunawangunawan677 - You're very welcome!
Hi I just have a question I sent the articles of organization when do I know if it was approved. I did it online?
You should get back your approval in an email.
Hi Thanks for the information. I formed my LLC at the end of December 2017 and used my home address in Manhattan, NY. Should I change my address to Northwest Registered. The cost of advertising is much higher in my county than Albany. Thanks!
Hi Fari, you can file a Certificate of Change and change your address (and county location of office) to Northwest. Then after your publication requirements are met, you can file the form again (sometimes good to wait a few months) and change your address again. Hope that helps.
HI, do you need to run the new york publication ads every year?
Nope. It is a one-time requirement. Hope that helps.
Do I have to pay for two affidavits? One for the Daily and one for the weekly? Also, is it better to spend the extra $10 and have the original mailed, or save it and get the emailed one? I worry about having to pay that in the future, but these costs sure are adding up!
The affidavit "cost" is included in the publication fee. So you'll just pay each newspaper, and after the ads are ran, they'll send you the affidavits of publication.
Can I use a different format for the Ad? I mean now that I have to pay for the Ad can I instead advertise my service? Is it mandatory to have office address? I mean I can give my website for example.
The ad has to include the requirements from Section 206 of the code, but I guess you can add more. It'll be a waste of money in my opinion (since you're paying per line/word). If you're advertising your services, you want to do so where your customers are. And they are not reading the legal notice of newspapers. Even if your customers were reading it, there is not enough space to writing compelling enough sales copy to get them to put the paper down, go to their computer, and then type in your website.
is it within 120 business days or just everyday (including weekends)?
Hey Normel, great question. It's 120 calendar days, not business days.
So if my LLC is headquartered in Manhattan, but my registered agent is in Albany, can I complete the publication requirements in Albany? Would I need to do an address change first to Albany?
Yes, you can file in Albany. Check on your LLC and if it says Albany as the county location, then you can just file there without first needing to file a Certificate of Change.
Hi,
I was wondering if there was another version of a format for a LLC publication and I found a legal, shorter and cheaper notice that is usually used by agencies.
It says:
(Name of company) LLC. Filed with the SSNY on (date). Office: Albany County. SSNY designated as agent for process & shall mail copy to: (address). Purpose: Any lawful.
Can a third party client use this format? Why Does not anybody encourage the use of this format?
Fantastic find! We actually added this shorter version to our website to help people save money. Thank you!
Thank you for your feedback! Now I know why “Times Union” didn’t want me to use this format.
@@mimitcha1 - Did they mention specifically why they would not accept it?
I already registered my business with the state several months back. This is my first year as a business owner (LLC). It cost a lot of money to publish my business in my county, thus, my reason for not doing so with in the 120 days. I didn’t know there was a cheaper route I could have taken until I watched your videos. I am going through a trail an error phase as most people do in the first year. What if you pass the 120 days for publication, and did not get your business published. what’s happens then? Also, If you formed you business already in New York but want to change the address to follow the cheaper way you explained in your video. How does one go about it?
Hi Sharlene, your LLC is technically not in good standing. You can change your LLC's location to Albany (via Certificate of Change: www.llcuniversity.com/new-york-llc/certificate-of-change/) and then publish your ads in Albany county. Hope that helps.
Thank you for all these videos! They are very helpful!
I just finished EIN step. And submitted ads to newspapers. Do i have to wait for them to finish running (6 weeks) or can i go ahead and open bank account and start operating?
You're welcome Bman! That's great to hear :) No need to wait my friend... go open that bank account + get that business started! Think of the publication requirement as "running in the background". You don't need to wait for that to complete before you start conducting business. The moment your Articles of Organization was approved = green light. You're ready to rock and roll! Hope that helps :-)
I thought you will need the affidavit from the newspaper before you can acquire a EIN number?
@@priscillamickey1614 - Hi Priscilla, nope. The publication requirement is a New York requirement, not a federal requirement. The EIN is a federally-granted number. Said another way, the IRS doesn't give a hoot about whether or not you meet the NY publication requirement lol ;) Once your Articles of Organization is approved, you can apply for an EIN with the IRS. Once you get the EIN and open your LLC bank account, you're off to the races... Said another way, you can start business activities. You don't have to wait for the newspaper publication to be completed. Yes, granted, you want to complete the publication requirement... but you don't have to put anything on hold while that's going on. Hope that helps!
Thank you so much replying to messages and attending to us . Really appreciate ❤️
@@priscillamickey1614 - You're very welcome Priscilla!
Hi!
Thank you so much for the info, but what if I was able to creat the LLC and didn't publish the ads in news papers pass the 120 days?
Hello, you're very welcome! Then technically the LLC is not in good standing with the state. It will go back into a good standing status once the newspaper publication requirement is met.
@@llcuniversity I didn’t file either but my state has it as active, could you comment on that
@@edwinolavarria595 The LLC is technically not in good standing. It's not a major deal, but it depends. For example, you can't sue someone or a company if you're not in good standing. Once you meet the publication requirements, the LLC goes back into good standing.
The Times Union is daily, all the others are weekly.
The link below is approved publications from the Albany clerk : albanycounty.com/Government/Departments/CountyClerk/NewspapersDesignatedforPublicationofLegalNotices.aspx
Thanks for including the link Jan-Luc.
Can I use Albany even thou I love in New York I just need to publish my LLC in the new paper
Hi Saquan, you're technically supposed to have an address or office in Albany county in order to publish there. However, there isn't a lot of oversight here.
where we enter in our LLC info, date, etc....does it have to be underlined?
Hey Adam, nope, it does not need to be underlined. That was just being using in our example.
All of this information is really great. Am I able to start doing business under my LLC once it is approved and I have my FEIN before the 6 weeks is up and I send in my Cert of Publication or do I have to wait the 6 weeks and send in my Cert before being able to do business?
Yes, you can start doing business as soon as the LLC is approved! :)
LLC University excellent thank you very much
You got it! ;)
Hi are there any other daily papers you recommend I am unable to reach anyone from Times Union😩
Hey Fab, any chance you got through to Times Union?
What happens if you don’t publish the add will there be a penalty fee ?
Hi Estefania, your LLC falls out of good standing. There is no financial penalty though. If you publish after the 120 days, your LLC goes back into good standing.
Does the registered agent have to also be in Albany County?
Hi Jay, only if you want to use their address for your LLC's office location (to publish in Albany). If you already have an address in Albany (or an affordable county) then there isn't really a reason to use a Registered Agent in New York. This is because, by default, the New York Secretary of State is the agent for all LLCs.
Quick question what if I did my newspaper publication before LLC has been approved? Will my newspaper publication still good for approval?
Hi Bizzy, did you publish newspaper ads using an LLC that didn't exist? Did you file a Certificate of Publication that got approved?
LLC University Newspaper ad yes to newspaper ad, certificate of publication not yet will I still get approved?
I'm really not sure. We've never ran into it. I'd recommend republishing just so it's all done properly in the correct order. You might be able to get away with using it and trying to get the Certificate of Publication approved. I'm just not sure. You can also call the state (NY Division of Corporations) on Monday and seeing if they have a comment. Hope that helps.
I filed for my LLC on 1/2/18 (Huzzah!), but set the start date as 2/1/18. What is my approval date? Should I wait until February to run my ads?
Nice!! You can start running your ads anytime. No need to wait. Hope that helps.
LLC University it does, and I will get right on it!
Awesome!
Can you start doing business before receiving these affidavits?
Yes you can. As soon as the LLC is approved, you're good to go. Hope that helps.
In your video description you have this sentence:
"For each the daily and the weekly newspapers, your Ad just needs to appear once per week for those 6 consecutive weeks."
Then what would be the purpose of the daily newspaper if I put my add only once a week on a daily newspaper? The weekly make sense but not the daily. Just wanted to make sure I understood it correctly and avoid paying extra money for the everyday publication of my Ad!
You won't pay extra. Just go to our website and follow the email templates we provide. The daily and the weekly thing is just about the circulation of the paper itself. All papers that are approved by your County Clerk work pretty much the same way. And they are not going to charge you. Again, just copy/paste the text from our website.
Can you post a link to the Email template, I can't seem to find it on your website, I appreciate all your efforts, helps a ton!!!
I'll make it easier for you. Here's a recent email we sent that I anonymized:
SUBJECT LINE:
[ABC Builders, LLC] - Legal Ad with Times Union Daily
BODY:
Hello,
We'd like to publish the following Legal Notice for six (6) successive weeks in the Times Union Daily Newspaper. Please publish for the next available run.
ABC Builders, LLC. Art. of Org. filed with the SSNY on 6/28/17. Office: Albany County. SSNY designated as agent upon whom process against the LLC may be served. SSNY shall mail copy of process to LLC at 123 Main Street, Albany, NY 12202. Any lawful purpose.
Address for affidavit of publication:
Bobby Smith
123 Main Street
Albany, NY 12202
Thank you,
{your name}
{your phone #}
NOTE: You'll likely need to call the paper first to get their email address.
Thank you!!!
My county directed me to 2 newspapers, which each run a daily and weekly paper. Do I need to run this ad for 6 consecutive weeks in EACH papers weekly and daily papers? or just one papers weekly and the others daily?
Hey Adam, yes, you need to run 2 ads for 6 consecutive weeks each. The language is a little confusing, but if you use the email template we have on our website, that'll be just fine. These newspapers are used to this.
More technically, 6 consecutive weeks in a daily circulation paper means the ad runs every day for 6 weeks. 6 consecutive weeks in a weekly circulation paper means the ad runs once per week for 6 weeks. Hope that helps!
LLC University 2 ads total or 2 ads per paper if they each have a weekly and daily paper? do you get what I'm saying?
It is 2 ads total, 1 per paper. 1 ad is placed with the daily circulation newspaper and 1 ad is placed with a weekly circulation paper.
LLC University thank you. Do you have any videos on accounting for multi member LLCs in NYS? I need to figure out payroll, taxes, records to keep, etc. Also need to figure out if members count as employees and if I need workers comp
No, we do not. Accounting and taxes has an insane amount of variation and there are over 20,000 tax jurisdictions in the US. We're just focused on LLC formation for now ;) Here is our guide on how to find a good accountant: www.llcuniversity.com/how-to-find-an-accountant-for-your-llc/. Also, the members are not automatically employees. They are simply owners. Hope that helps!
How much does it cost to form an LLC with all other fees? It seems there is no ending to the fees. 200$ for the registration, how much for publication? 9$ renewal each year? What are the other fees?
Also, is it possible to not publish anything in the newspaper? or it is mandatory?
Excluding the newspaper fees (since this varies widely by county), $200 for Articles of Organization (or $235 if you order a Certified Copy and the Certificate of Existence), $50 for Certificate of Publication, and $9 every 2 years for Biennial Statements. Section 206 of the NY LLC Act, "The newspaper publication requirement" (codes.findlaw.com/ny/limited-liability-company-law/llc-sect-206.html) is required, but if you choose to ignore it, there are some consequences. We don't recommend ignoring this requirement, but if you'd like to look into it, here are two articles (not written by us): eminutes.com/what-happens-if-you-ignore-new-york%E2%80%99s-llc-publication-requirement and www.newyorksmallbusinesslaw.com/new_york_small_business_l/2007/01/what_happens_if.html
Thank you. I just noticed EIN as well but I am not sure about the fees.
The EIN is free from the IRS: www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online. We have a video on our channel that will walk you through the online application: th-cam.com/video/K0aFWEsnk7Q/w-d-xo.html