Last updated May 30, 2020
New York LLC Publication Requirements (Part 1)
Quick Start Guide
This Quick Start Guide is a brief overview of how to form an LLC in New York.
New York LLC Costs:
New York LLC filing fee: $200
Newspaper fees: varies by county (see Lesson 2)
Certificate of Publication: $50
Biennial Statement: $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)
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 may be redistributed, copied, modified or adapted without prior written consent of the author. In this video, we will discuss the Newspaper Publication Requirement for your LLC. We want you to know about this requirement before you form your LLC because it affects how much you will pay in publication costs. This requirement is more annoying than it is useful, but is still New York law. However, we have a strategy we’re going to share with you in this Lesson, which can easily save you up to $1,000. We will discuss the strategy later on since we need to cover some basics first. By law, every LLC formed in New York is required to notify the public of its formation by publishing ads in 2 newspapers. Your ad must run in both newspapers for 6 consecutive weeks. 1 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. Your ad will contain basic information such as the name of your LLC, your address, and the formation date. Just to offer some clarity, here’s an example of what your ad will look like “TURTLE POND LLC. Articles of Organization (abbreviated). filed with the Secretary of State of New York (also abbreviated) on 7/31/14. Office: Albany County. SSNY designated as agent of the LLC upon whom process against it maybe served (that means that if you’re sued, the State of New York is notified, and then they’ll notify you). SSNY shall mail copy of process to the LLC, 100 Jane Street, #4A, New York, NY 10014. Purpose: any lawful purpose. You will use the same ad format for both newspapers. We will cover how to publish your ads in a later Lesson. This sample ad is also shown below this video for your reference. There are 2 costs associated with your Newspaper Publication Requirement. The first of these is the cost to place the ads in the newspapers. The cost to place the ads will vary depending on the county in which you publish. The second cost is filing what’s called a Certificate of Publication. This is your certification to the State that you’ve met the Newspaper Publication Requirement. The cost to file this document is $50. We will discuss the Certificate of Publication again in a later Lesson – after you’ve formed your LLC. The office address that you listed your LLC Formation Documents determines the county where you are required to publish your ads. Publication costs can vary quite a bit among the counties. Some are very expensive and some are quite affordable. For example, publishing costs in Manhattan County will be $1,000 – $1,500. On the other hand, the least expensive County is Albany County, where the publication costs will be $75 – $100. Obviously, the goal here is to keep your newspaper publication costs down. You can do this by using an address located in Albany County even if your LLC is not actually located there. New York requires that you list an LLC “office address” in your LLC Formation Documents. However, this address does not have to be your LLC’s actual office address. It just needs to be an address located in the State where your LLC is able to receive mail. You can accomplish this by using our strategy – which is hiring a Registered Agent located in Albany County and then using their address in your LLC Formation Documents. A Registered Agent is a company that receives mail and important documents on behalf of your LLC and then forward them to you at any address you’d like. If you hire a Registered Agent located in Albany County, you’ll be able to use their address as your LLC’s office address. Since you’re new LLC’s office address will list Albany County, you will then be able to take advantage of Albany’s less expensive newspaper publication costs. This is only a temporary address that you will use just to meet your Newspaper Publication Requirement. Once met, you will then simply change your address back to your LLC’s actual office address (and we’ll show you how to do this in a later Lesson). Don’t worry, New York does not require that you publish new ads if you change your address. You only have to meet this requirement once. In order to determine how much money our strategy can save you, you will first need to call a weekly newspaper and a daily newspaper in the county where your LLC is actually located and obtain their publication costs. You will then compare those publication costs with the costs of using our strategy. If running ads in your actual county will cost you less than $300, then our strategy will not save you any money. If this is the case, you will just use your actual address in your LLC Formation Documents and publish your ads in your actual county. However, if running ads in your actual county will cost you $300 or more, then we recommend that you hire a Registered Agent located in Albany County, use their address in your LLC Formation Documents and publish your ads in Albany County. The Registered Agent we recommend charges a fee of $125 for their services. After you’ve met the Newspaper Publication Requirement, you will need to file a change of address with the State for just $30. These costs are minimal compared to the hundreds of dollars you would otherwise spend running ads in your actual County. Typically, Registered Agents charge $100 – $300 per year for their services. If you decide to use our strategy and hire a Registered Agent located in Albany County, we recommend a company called Northwest Registered Agent. They have been in the business for more than 2 decades and they have a solid reputation. Again, their fees are $125 per year and their support is top-notch. The benefit of using Northwest Registered Agent is that their New York office address is located in Albany County. Ff you want to hire them, there’s a video tutorial below on how to sign up for their services. Once you sign up with Northwest Registered Agent, you will then be able to use their Albany address in your LLC Formation Documents. If you have any questions for them, we’ve also listed their phone number below this video. Here’s a breakdown of what it will cost you to hire Northwest Registered Agent, run ads in Albany County, and then file a change of address after you’ve met your Newspaper Publication Requirement. Hiring Northwest Registered Agent is $125, publishing in the Times Union Daily (which is a daily circulation paper) is $60, publishing in Altamont Enterprise (which is a weekly circulation paper) is $35, changing your address afterwards $30. Your total cost of this strategy is $250. So, if total cost to use our strategy are approximately $250, then anyone who expects to spend $300 or more in publication costs will see significant savings. In fact, the higher your publication costs are, the more money you will save using our strategy. With our strategy, you can achieve the following savings: on the left, this will be your publication costs in your county; in the middle the savings in dollars; and on the right, the percent of savings. So for example, if running ads in your county is going to cost you $400, then using our strategy will save you $100 or 25%. Or, if running ads in your county is going to cost you $800, then we’re going to save you $500 or 63%. Or, for example, if you’re in a more expensive county and publishing your ad is going to cost $1,500, then our strategy is going to save you $1,200 or 80%. This savings breakdown table is also listed below this video for quick reference. Below this video, you will also find the contact information for all of the New York County Clerks. By law, you can only publish your ads in newspapers that are approved by the County Clerk. You will first need to call the County Clerk located in your actual county and ask for the name and phone number of 1 approved daily newspaper and 1 approved weekly newspaper. Next, you’ll need to call both the newspapers and ask for their publication costs for running LLC ad for 6 consecutive weeks. Then, you will compare these publication cost to the savings breakdown table that’s listed below this video. This will help you decide whether you should use your LLC’s actual office address in your LLC Formation Documents, or hire Northwest Registered Agent and use their Albany address. Again, if running ads in your county will cost you $300 or more, then we recommend you hire Northwest Registered Agent, use their Albany address, and take advantage of significant savings. Remember, there’s a video tutorial below on how to sign up for their services. However, if running ads in your actual county will cost you less than $300, then our strategy will not save you any money. If this is the case, then you will just use your actual address in your LLC Formation Documents and then publish your ads in your actual County. You are now ready to make your calls. Again, you will first need to call your County Clerk and obtain the phone numbers for 2 approved newspapers. Then you’ll need to call both newspapers, obtain their publication costs, and then compare those to the savings breakdown table below. At this point, you’ll be able to decide if our strategy will save you money. If there are no savings, you will just use your actual address in your LLC Formation Documents and publish your ads in your actual county. If there are savings, we recommend you hire Northwest Registered Agent, use their address in your LLC Formation Documents and publish your ads in Albany County. Finally, once you have determined what address you will use in your LLC Formation Documents and what county will publish your ads in, you can then proceed to the next Lesson.
County Clerk Directory
Instructions: call your county clerk and obtain the phone number of one daily newspaper and one weekly newspaper. Then, call both newspapers and obtain their publication costs. Check the Savings Breakdown Table below to see if you can save money by publishing in Albany County (instead of your actual county).
List of all County Clerks: http://www.nysac.org/countyclerks
*Important: you’re not actually publishing your ads in the newspapers yet. You’ll do that after your LLC has been formed. You’re just calling the newspapers in order to obtain their publication costs. You can use the sample ad format below when you call.
Instructions: you’ll be replacing what’s underlined with your information.
TURTLE POND LLC. Art. of Org. filed with the SSNY on 07/31/14. 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, 100 Jane Street, #4A, New York, NY 10014. Purpose: Any lawful purpose.
Savings Breakdown Table
Below is how much money you will save if you hire Northwest Registered Agent and publish your ads in Albany County.
(in your county)
Northwest Registered Agent
Northwest Registered Agent
In this video I’m going to show you how to signup and register for Northwest Registered Agent. There’s a link below this video that will take you to their website. Once you’re there, in the upper right hand corner, it says order online and there’s a drop-down menu. Let’s go ahead and select Registered Agent service. And let’s scroll down on the page. We have a four-step process. In the first field you’re going to enter your desired LLC name and then in the drop-down select LLC. I’m going to enter ABC Widgets LLC as my example company. And don’t worry if you end up switching your name; you can change it in the system later. It’s not that important. Then we’re gonna hit next step. It says are we changing Registered Agent. In my case is no. Underneath States I’m going to select the state in which you’re forming your LLC. For this example, I’m going to choose Pennsylvania. Next, it says would you like your attorney notified at the same time we notify you if you get sued. If you don’t have an attorney, you can leave it on. If you do have an attorney, you can go ahead and fill in their email address. Once that’s complete click next step. On the next page, you’re going to enter your name your, your phone number, your email address, your mailing address, and then click on final step. On the next page at the top, it’s going to ask if you’d like to sign up for one year, two years, or three years. One year is going to be on by default. If you’d like to save a little bit of money, you can go ahead and sign up for two years, or three years if you’d like. Once you have that in place you’re going to enter the password. When you log into your account at Northwest Registered Agent, you’re going to use the email address that you end on the last page, and you going to use this password, so make sure you say this in an important place. Next, under payment information, you’re going to select pay with a credit card. You’re going to enter your name, your credit card number, expiration date, billing address, and then at the bottom go ahead and click the finalized button. In this case it says yeah I’m done. It’s now going to redirect you and it’s going to process your payment. And on the next page, you’ll see a thank you message. It says all the state forms are under the filing resources. In your case you’re not going to need any of the state forms as we have them all in our course. They’re here as well if you do need them. We will click over there in just a second to get their address. If you happen to be changing your Registered Agent from an existing company, there are instructions here, and there are forms in the filing resources. Next, there’s some important email addresses to make sure that you add to your address book or you white list them as it’s called in your email, just to make sure they don’t go to spam. And these emails are very important because if you ever get Service of Process or if you ever sued, you definitely wanna make sure you get notified of that, so make sure you say these email addresses. There’s a nice thank you message down here. Once you agree to this page, you can go ahead and click on filing resources. One thing to note in the back end here, we are at www.llcagent.com. That’s different than the existing site that we’ve been on. If you need assistance at any time, go ahead and go to www.NorthwestRegisteredAgent.com. And you can always find their phone number on the page, or you can click on the contact button. Let’s go back to our back-end tab here, under the LLC agent, and under filing resources, here’s the most important information I need right now. It is the name. Make sure you double check in the state that you’re forming, in this case Northwest Registered Agent operates under the name Northwest Registered Agent LLC in the state of Pennsylvania, but in some states they go into the business name Northwest Registered Agent Services Inc., or some other variation. Now that we have their address here, we can continue with their LLC formation documents. This page has additional resources if you do need them. Most of these documents will not apply to you. There’s documents here for corporations. There are documents here for LLC’s, but again, we have all that documentation for you inside the course. But there are some nice additional resources on this page in case you need them. Again, if you have any questions about the process go to www.NorthwestRegisteredAgent.com, give them a call. Great company, great people, they have excellent support. And once you have your address, you can go ahead and continue with the next step, which is going to be completing your LLC formation documents. And that concludes this video.
Once you have called both newspapers (and obtained their publication costs) you will then compare those to the Savings Breakdown Table listed above. This will help you determine whether or not you will use our strategy and hire Northwest Registered Agent.
After you have determined what address you will use in your LLC Formation Documents (your address or Northwest Registered Agent’s address), you can then proceed to the next Lesson: LLC Filing Forms.