Ready to form an LLC in NYC? Starts at $0 + state fees and only takes 5-10 mins
Learn how using the right registered agent service could save you serious cash on the New York LLC publication requirement when you form an LLC in NYC.
Ready to form an LLC in NYC? Starts at $0 + state fees and only takes 5-10 mins
The New York LLC publication requirement is unavoidable. But it can also be really expensive. If you’re like a lot of small business owners, your bottom line is a very delicate balancing act when you’re first starting out. No one wants to drain their business bank account during the first 120 days of business.
While there aren’t any loopholes for avoiding the publication requirement, you can take advantage of this guide to do it as affordably as possible. Depending on what county you’re in, this could save you over $1,000.
New York is one of just a few states with a publication requirement. Within 120 days of filing its Articles of Organization, a limited liability company (LLC) needs to submit a Certificate of Publication to the Secretary of State. Managing the $50 filing fee is the easy part. But prepping to file that Certificate is a little time-consuming.
When you submit your Certificate, you’ll have to include Affidavits of Publication from two different newspapers within the county where your business’s office is. The county clerk decides which newspapers are eligible to fill this requirement. To receive an affidavit from one of these papers, you’ll need to publish an ad once a week for six consecutive weeks.
The publication ad exists to notify the general public about new businesses, including where they’re located, who started them, and more. You need to submit a copy of your Articles of Organization — or, to save space, a simplified version of them — as your ad. Publishing this information in two papers (one weekly and one daily paper) for six weeks will satisfy the New York publishing requirement.
Ultimately, the cost to publish your LLC depends on several factors. The most important one is the county where your office is located; you have to make your newspaper publications in that county. And just like rent is cheaper in the upstate than it is in New York City, publication fees tend to climb within the city’s counties.
Additionally, you have to use publications that are designated by your county clerk, which limits your choices somewhat. Many clerks provide an approved list. But take, for example, Queens County, where the clerk’s office assigns you a weekly and daily publication directly. That specificity makes it a bit harder (if not impossible) to choose the cheapest possible paper.
NYC counties are by far the most expensive places to publish, including Queens, Bronx, Kings, New York, and Richmond County. In these locations, it can cost anywhere from $800 to $1,500 (or more) to fulfill the six-week requirement for two separate newspapers. As a small business navigating all of the other costs of starting a NY LLC, that bill can feel overwhelming.
The good news: hiring a registered agent service like ours can greatly reduce your publication costs.
In New York, you’re allowed to list your registered agent’s street address as the office address that goes on file with the Secretary of State. That means that even if you live and work in New York City, your registered agent can be somewhere else to accept your service of process and other communications. And when you list the agent’s address as your physical address, you can use that county for your publication requirement.
Our New York Registered Agent Service is headquartered in Albany county, which has the lowest fees for newspaper ads. If you appoint us as your agent, you’ll get to take advantage of this county’s low fees since Albany will be your principal address.
New York state is unique because if you don’t appoint your own registered agent, the Secretary of State will be your agent for service of process by default. Maintaining this appointment might save you money on registered agent fees, but it won’t let you use the Secretary of State’s county for publication.
For many LLCs in NYC, it’s cheaper to hire an agent in a county with cheaper publication fees. But if you’re already located in an affordable publication county, you might find it cheaper to have the Secretary of State be your agent for free. You’ll have to weigh your options carefully.
Starting a New York LLC can feel overwhelming, but that doesn’t mean you have to do everything alone. At ZenBusiness, we provide all the tools you’ll need to compliantly start and run your business. Whether you need help starting an LLC with a $0 formation service, managing your LLC’s finances, staying compliant every year, or anything in between, ZenBusiness has your back.
Disclaimer: The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
If you skip the state’s publication requirement, the state will revoke your LLC’s right to conduct business. This suspension would be revoked and you’d be reinstated as soon as you satisfied the requirement.
It all depends on where your registered office is located because the business address’s county dictates where you’ll publish your notice. Albany is the most affordable county. New York City’s counties are the priciest, usually costing $1,000 or more to complete all 12 publications.
Starting an LLC in New York City is not much different from starting an LLC anywhere else in the state. You’ll pick a name, appoint a registered agent, and file your Articles of Organization. You’ll get a Certificate of Publication by posting notice of your formation. The most crucial difference to forming a NYC LLC is that you’ll need to obtain local business licenses.
You’ll also draft important legal documents like an operating agreement, choose your tax status for federal income tax purposes, and prepare for any city-specific tax filing requirements.
Yes, all LLCs are required to publish notice of their business formation in a newspaper. But more specifically, you’ll have to publish in one of the approved newspapers designated by the county clerk where your office is located.
New York doesn’t waive this requirement for any LLCs. Both multi-member LLCs and single-member LLCs have to publish their notice.
New York doesn’t have a publication requirement for unregistered business structures, so sole proprietors and general partnerships can typically avoid the newspaper costs. That said, bear in mind that these business entity types don’t provide personal liability protection.
You can, but you don’t have to. The publication is pretty simple; it mainly describes the same information included in your Articles of Organization. A business lawyer might check that you haven’t omitted anything, if you wish.
No. The only business filing service option New York offers for this form is the physical form. There are some business forms you can file online with New York Business Express, but not this form.
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