New York - Certificate of Publication

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New York LLC Certificate of Publication

Quick Start Guide
This Quick Start Guide is a brief overview of how to form an LLC in New York.

Detailed Lessons:

 

New York LLC Costs:
New York state fee: $200
Certificate of Publication: $50
Newspaper fees: vary by county (read lesson 2)
Biennial Statements: $9, every two years

Need to save time?
Hire a professional to form your LLC in New York:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)


Video Transcript:

The following 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. The following information is copyright protected. No part of this Lesson may be redistributed, copied, modified or adapted without prior written consent of the author. In this video, we will discuss filing your Certificate of Publication. Please make sure your ads have run for 6 consecutive weeks and that you have received both Affidavits of Publication before proceeding with this Lesson. After your ads have run for 6 consecutive weeks, you’ll then need to provide proof to the State that you’ve met the Newspaper Publication Requirement. You do this by filing what’s called a Certificate of Publication. We know this might sound confusing, since you recently received Affidavits of Publication, but this is a separate document required by the State. You will need to mail this document along with a required filing fee of $50. We will show you how to complete this form in just a few minutes. Along with your Certificate of Publication, you must send the State a copy of both Affidavits of Publication that you received from the newspapers. Most newspapers will automatically mail you an Affidavit of Publication shortly after your ads have run. However, if they did not, you will simply need to call or email the newspapers to obtain your Affidavits before proceeding. As noted, we will walk you through preparing your Certificate of Publication in just a minute. You will need to mail the State your completed Certificate of Publication, along with both Affidavits of Publication and the $50 filing fee. Once you mail these documents to the State, this completes the entire Newspaper Publication Requirement. You will find the accepted forms of payment and the address where to send your documents to listed below this video. The State will not send your receipt once they get your documents, so we recommend keeping a copy of your canceled check or money order receipt as proof of payment. If you’ve used our strategy and hire Northwest Registered Agent in order to borrow their Albany County address, you have 1 last thing to do – and that’s to change your address. After you have mailed your Certificate of Publication (along with the Affidavits of Publication) to the State, we recommend you wait approximately 2 months before changing your address. This gives the State plenty of time to process your Certificate of Publication. After the 2 months have passed, you can then change your address back to your LLC’s actual office address. You do this by filing what’s called a Certificate of Change and paying a $30 filing fee. If you need to do this, please watch the Certificate of Change Lesson once you have mailed the State the Certificate of Publication and waited 2 months. Once you changed your address – don’t worry. New York does not require that you publish new ads if you change your address again. You only have to meet this requirement once. If you did not hire Northwest Registered Agent and use our strategy and you just published your newspaper ads in your own county, this section will not apply to you (and you will not need to do any address change). Again, we know that this Newspaper Publication Requirement is a little crazy and tedious, but it is New York law. The good news is that you only have to do this once and it is not an ongoing requirement. Once you file your Certificate of Publication (with the Affidavits of Publication) and pay the $50 filing fee, you have fulfilled the Newspaper Publication Requirement. We will now walk you through completing your Certificate of Publication. You can download this form below the video. Let’s get started. Here we are looking at the Certificate of Publication document. Again, you can download this form below this video. I’m just going to use a sample company as I demonstrate how to fill out this document. At the top where it says “CERTIFICATE OF PUBLICATION OF”, you’re going to enter the name of your LLC. I’ve entered the name of this sample company. In the next section (it says “The undersigned is the”), check the appropriate box. You’re going to check off “Member” since you are the member of this LLC. And where it says “of”, you’re going to list the name of your LLC again. Next, it says “If the name of the limited liability company has changed, the name under which it was organized is”, you can leave that blank since you haven’t done a name change. Next, “the articles of organization were filed with the Department of State on”, you can get this date on your filing receipt (which is the receipt that you received back from the State after your LLC was approved). I’m just going to use 12/1/2014 for this example. Next, it simply says that the attached Affidavits of Publication meet the New York Law (Section 206) for the Newspaper Publication Requirement). And then you’re certifying that you’ve publish your ads and you’ve met the requirement. Under here, you’re going to go ahead and list the date, and then you’re going to print your name. Then, when you print out this form, you’re going to sign on this line. I filled in a sample date and a name here just for example purposes. Next, let’s scroll down to page 2. At the top of this it says “CERTIFICATE OF PUBLICATION OF”, you’re going to enter your LLC name again. Next, under “Filed by”, you’re going to list your name, and your mailing address, and the city, state and zip. All right, after I fill that out, there’s nothing else we need to do. That completes page 2. So what you’ll need to do is print this out. You’re going to mail this form here (the Certificate of Publication), and you’re going to include both of your Affidavits of Publication”. Now we mentioned earlier that we recommend making copies of both Affidavits of Publication before you send those into the State, so in total, you’re going to send them this form here (the Certificate of Publication), both of the Affidavits of Publication, and the $50 filing fee. The accepted forms of payment, and the address where to send these documents to are listed below this video. Once you mail these documents to the State, there’s nothing else you need to do for the Newspaper Publication Requirement. You’re now finished. And that completes the Certificate of Publication Lesson.

Downloads

Certificate of Publication

Filing Fee

$50

Accepted Forms of Payment

Check or Money Order

Make Payable To

“Department of State”

Filing Instructions

In one envelope, mail your Certificate of Publication, both Affidavits of Publication, and the $50 filing fee (made payable to the “Department of State”) to:

Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue, Suite 600
Albany, NY 12231

Make Sure to Include the Newspaper “Snippets”

The newspapers will mail you back Affidavits of Publication. You’ll have two of them (one from each newspaper). Along with those Affidavits, the newspapers will include a “snippet”, which is a copy of the actual ad. Make sure to include that with your Affidavits of Publication, Certificate of Publication, and check or money order when mailing everything in.

Envelope & 2 Stamps

You can just use a regular #10 white envelope (the standard one). With all the above pages, your envelope will weight over 1 ounce. Use 2 stamps on the envelope.

State Contact Info

Phone: 518-473-2492 (hours: M-F, 8:30am – 4:30pm)
Email: [email protected]
Website: https://www.dos.ny.gov/corps/contact.html

Next Step

Once you have mailed the State your Certificate of Publication, both Affidavits of Publication, and the $50 filing fee (together in one envelope), you can then proceed to the next Lesson: Biennial Statements.

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Matt Horwitz
Founder & Educator at LLC University
Forming an LLC shouldn't be so complicated. Our step-by-step guide will make the process a breeze – and no complex legal jargon! We teach people how to form an LLC for free in all 50 states. We hope you find our free guides and resources helpful in your entrepreneurial journey.

38 Comments

  1. Johny March 23, 2017

    Amazing videos, thanks for putting them up- they were a huge help.

    Do I receive a receipt back from the state dept when I send in my publication requirement, so should I just assume that I am ‘good to go’?

    Thanks!

    reply
    • Matt Horwitz March 23, 2017

      Hi Johny, thank you! Glad they were helpful. Yes, you’ll receive back a copy in the mail showing proof that the NYS received and processed your Certificate of Publication. They are quite slow at the moment, so it can take 2-3 weeks before you get anything back. You can also call them to verify at 518-473-2492.

      reply
      • Johny March 23, 2017

        Thank you Matt! Amazing info on your site :)

        reply
        • Matt Horwitz March 23, 2017

          You’re welcome Johny :) Thank you for the kind words!

          reply
  2. Brian March 30, 2017

    Just wanted to say thanks a million for the vids. I called legalzoom and they wanted a lot, without the NY publication filing requirement. So I decided to just do this myself.

    reply
    • Matt Horwitz March 30, 2017

      You’re very welcome Brian! Happy to hear you were able to save a few bucks ;)

      reply
  3. Shaheen Hasnat June 20, 2017

    Hello Matt,
    I just want to acknowledge the great help I’ve received through your step by step guide on forming an LLC. You even said to put ‘two stamps’ on an envelope when sending out the certification of publication! You have done a wonderful job and I am sure many people are having a similar experience.
    Regards,
    Shaheen

    reply
    • Matt Horwitz June 20, 2017

      Hi Shaheen, thank you for the lovely comment! Attention to detail is important ;-) Best wishes with your business and thanks again!

      reply
  4. Kathleen August 6, 2017

    For my mailing address, do I use the
    Albany address of the Registered Agent or;
    my Brooklyn POB address? Does it matter?

    reply
    • Matt Horwitz August 6, 2017

      Hi Kathleen, you can use whichever address is most convenient for receiving mail. The state will send you back a Filing Receipt once they’ve processed your Certificate of Publication. Again, the Filer’s Address can be anything you’d like. It’s not important which one you use.

      reply
      • Eric September 12, 2017

        Hello Matt,

        Thank you for the all the information. I’ve completed steps 1-6 on this site. I recently moved to Virginia and my business (filing) mailing address has changed. I am going to get the certificate of Publication this month. should I change my address to my home in Virginia or to a family member in New york?

        Thanks in advance

        reply
        • Matt Horwitz September 12, 2017

          You’re welcome Eric. Will you still be operating the business in New York, or do you need to move the LLC to Virginia? If you’re still operating in NY, you can change the address for forwarding of service of process to anywhere you’d like. The address does not have to be in New York. The service of process address can be anywhere in the US, and PO boxes are allowed. You just can’t use an address outside of the US.

          reply
  5. TUAN August 9, 2017

    It is a very helpful video Matt!
    Thanks so much!!

    reply
    • Matt Horwitz August 10, 2017

      You’re very welcome Tuan!

      reply
  6. Jason December 8, 2017

    How do you do download and fill out the application again? I forgot. Lol

    reply
    • Matt Horwitz December 12, 2017

      Hi Jason, I’m not sure if you’re referring to the Certificate of Publication or the Articles of Organization. The Certificate of Publication form and instructions are on this very page. The Articles of Organization is in the “Filing Forms” lesson.

      reply
  7. Helena Williams-Okpechi January 7, 2018

    Hello Mr. Horwitz,
    Happy New Years to you and bless you for the wonderful and much needed information… I was dreading to do an LLC for I thought LLC’S where for rich people who had large start-up and legal budgets. I cannot believe how easy this is. You are the best! It is True what is written; seek and ye shall find, ask and ye shall be given. Thank you so so very much.

    reply
    • Matt Horwitz January 15, 2018

      Hello again Helena!! Your comments rock! Thank you so much for your lovely messages :) And yes, I agree 100%. Seek and ye shall find!

      reply
  8. Frank October 10, 2018

    My certificate of publication was rejected because there was a typo in the name of the corporation in the ads. But our 120 days is expired now. How do I remedy this? Do I need to re-publish for another six weeks?

    reply
    • Matt Horwitz October 25, 2018

      Hi Frank, man, that is unfortunate. To bring your LLC into a good standing status, yes, you’d have to publish for another six weeks and then refile the Certificate of Publication with new Affidavits of Publications and clippings. Only exception to that would be if the newspaper ran your ads again for free, but I wouldn’t be too hopeful of that. Hope that helps though.

      reply
  9. Mariopio October 25, 2018

    On the second page where is asks for the address. Do we use the registered agents address or the business address?

    reply
    • Matt Horwitz November 22, 2018

      Hi Mariopio, on the 2nd page of the Certificate of Publication where it asks for the “Filer’s Name and Mailing Address”, that would be your name, LLC name, and your mailing address (this is where the Filing Receipt will be returned to). If you’re using a Registered Agent like Northwest Registered Agent, they will let you use their address here for privacy. Then when they receive your Filing Receipt, they’ll scan and email it to you. Hope that helps.

      reply
  10. Inna November 25, 2018

    Hi,

    Can my accountant be considered “Authorized Person” and sign the first page of the Certificate of Publication? NYS told me they don’t accept POAs. Thanks!

    reply
    • Matt Horwitz November 25, 2018

      Hi Inna, yes, your accountant can be the Authorized Person. In fact, any person who you give permission to can be an Authorized Person. So you’d check off “Authorized Person” to the right of “The undersigned is the” and have your accountant sign and print their name at the bottom. Hope that helps!

      reply
  11. Reese November 30, 2018

    Hi Matt! Great job. I’m adding to Kathleen’s question. I filed my articles of formation with northwestern and I used their Albany address. Now I’m filing the certificate of publication and page 2 is asking for “filed by” name and address. Should I put the name of the registered agent and their mailing address? Your video didn’t cover this scenario.

    Thanks in advance.

    reply
    • Matt Horwitz December 5, 2018

      Hey Reese! Thank you. You can use any address you’d like in the “filed by” section. It’s simply where the state will return an “approval” (specifically called a Filing Receipt). However, this address does go on public record and can lead to a lot of junk mail (a major pain for NY LLCs), so you could use Northwest’s address here. Once they receive the Filing Receipt from the state, they’ll scan it into your online account and send you an email. Hope that helps!

      reply
      • Reese December 5, 2018

        Awesome Matt! Thanks for the great content again, very helpful.

        reply
        • Matt Horwitz December 5, 2018

          You’re welcome Reese! :-)

          reply
  12. Eve December 1, 2018

    Thank you so much for all this useful information. It has taken me days to figure out in which state to form an LLC. I live in PA, I have one employee in Florida, and the rental property that the LLC will own is in NY. Which is my home state and where will I have to register my LLC?

    reply
    • Matt Horwitz December 5, 2018

      Hi Eve, it sounds like you’re certainly doing business in both New York and Florida (and possibly Pennsylvania). You may want to consider forming your LLC in New York and then registering it as a Foreign LLC in Florida (and Pennsylvania, if applicable). Hope that helps!

      reply
  13. Eve December 5, 2018

    Thank you for the advice, Matt. I’m surprised about having to register in Florida. The employee will be telecommuting, and will be paid as an independent contractor. I was more expecting to have to register in PA, since I’ll be the sole member owner. If I hire other consultant employees in other states, will I need to register as a foreign LLC in those states too?

    reply
    • Matt Horwitz December 6, 2018

      Hi Eve, you’re welcome. An employee and an independent contractor are two different things. Having employees in a particular state carrying out activities in that particular state is considered “doing business”. In your case, an independent contractor who works from home is not “doing business” so you won’t have to worry about registering as a Foreign LLC in Florida. Regarding NY/PA, what type of activities will you be in doing in PA in regards to the NY rental business?

      reply
      • Eve December 6, 2018

        >>Regarding NY/PA, what type of activities will you be in doing in PA in regards to the NY rental business?<<

        I will be the sole member/owner of the LLC residing in PA.
        Otherwise, I might also pay myself as an independent contractor. Is that allowed?

        Thanks again. Your website is the absolute BEST!

        reply
        • Matt Horwitz December 6, 2018

          Hi Eve, thank you! If there aren’t business activities taking place in PA, then you shouldn’t have to register there as a Foreign LLC. You wouldn’t need to be an independent contractor. You can just pay yourself via owner distributions. That could simply mean transferring money from the business bank account to your personal account or writing yourself a check from the business bank account.

          reply
          • Eve December 8, 2018

            Thank you! You’ve been extremely helpful, Matt.
            How can I further protect the assets of the LLC? Would forming a trust be a good idea? If so, how should I structure the ownership/control of the LLC with respect to the trust?
            Thank you.

            reply
            • Matt Horwitz December 9, 2018

              You’re very welcome Eve! Make sure finances are not commingled by keeping a separate personal and LLC bank account. We don’t do a lot of work with trusts currently, so that would be a question you’d need to run by a business lawyer and/or estate planning lawyer. Thank you for your understanding.

              reply
  14. Mel December 8, 2018

    Hi Matt,

    Thank you for the info/videos extremely helpful. 2 questions for you

    1)If I decide to use Northwest as my registered agent do they take care of newspaper publication for me or do I personally do it myself?

    2) I will like to form the LLC on my own, do I use sign up with Northwest first and then proceed to file the on the state website?

    Thanks

    reply
    • Matt Horwitz December 8, 2018

      Hey Mel, you’re welcome! 1. You would take care that. They don’t offer that service at this time. 2. Yes, if you are going to file yourself, you’d hire Northwest first, then proceed with the Articles of Organization filing. You can signup with Northwest online (takes a few minutes) and once that’s done, you’ll see their address to use in your filing within your account dashboard. Hope that helps!

      reply

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