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.
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.
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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