New York Publication Requirements (Part 1)

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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.

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

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.

Example Ad

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.

Publication Costs
(in your county)
Savings ($)Savings (%)
$300$5017%
$400$10025%
$500$20040%
$600$30050%
$700$40057%
$800$50063%
$900$60066%
$1,000$70070%
$1,100$80073%
$1,200$90075%
$1,300$1,00077%
$1,400$1,10079%
$1,500$1,20080%

Northwest Registered Agent


Northwest Registered Agent
www.northwestregisteredagent.com

Video Transcript:

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.

Next Step

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.

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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.

91 Comments

  1. Patrick Manning January 17, 2017

    Two questions. Should I start off as a DBA and what would that do to my LLC if anything. What benefit is there to having a registered agent other then the location savings. I’m in NY and don’t believe I need a registered agent?

    reply
    • Matt Horwitz January 18, 2017

      Hey Patrick, in NY, the main benefit of hiring a Registered Agent is the savings on the newspaper publication costs. A followup benefit could be privacy. Regarding the DBA, it’s a fictitious name (nickname) that “sits on top of” an individual (therefore a Sole Proprietorship) or legal business entity, such as an LLC or Corporation. So to clarify, are you talking about a DBA (for a Sole Proprietorship) vs an LLC, or a DBA (for an LLC) vs an LLC (with no DBA)?

      reply
  2. Rahul March 23, 2017

    Hey Matt. Can I use New york city address and be my own Agent and Publish in Albany county. Would i be able to publish in Albany if i provide NYC address

    reply
    • Matt Horwitz March 23, 2017

      Hi Rahul, the address that you use for your LLC determines the county in which you must publish. If you use a NYC address, you need to publish in Manhattan County, for example. Hope that helps!

      reply
      • Helena Williams-Okpechi January 6, 2018

        Thanks Matt Horwitz for the helpful information. 20 years ago, this information was not readily available. I’m glad that I’ve decided to try starting another business. The first one was filed as a sole proprietorship simply becsuse it was so easy and cheap.

        reply
        • Matt Horwitz January 15, 2018

          Hi Helena, apologies for my slow reply. Thank you for your nice comment! I’m very happy to hear we were able to help :)

          reply
  3. Damin March 27, 2017

    Truly awesome info! Thank you so much. I followed your step-by-step process on filing the LLC, however, at some point your video was somewhat confusing and misleading. I need some clarifications.

    I filed the LLC application and received my AOO immediately. The document states that I formed in Albany and the FOURTH section in my AOO provides Northwest Registered Agent’s address. But on the THIRD section, I placed my home address, which happens to be in NYC, as instructed on your video. But upon reading the replies on your youtube channel, you state that the address found on the THIRD section must match the newspaper address… or otherwise, it wouldn’t work. Is this true?

    I’m hoping not, since my ads are already running in Albany. It would really suck if in my attempt to save money on the Legal Notice, I would still have to run my ads in NYC due to a silly mistake.

    Please advice, I would deeply appreciate it.

    reply
    • Matt Horwitz March 29, 2017

      Hey Damin, glad the videos are helpful! And apologies for the confusion :( Actually, the only part of the filing that dictates where the ads are to be published is the county of the LLC’s office you list. Please see this screenshot of the online filing. So, even though, you used your NYC address as address for forwarding of service of process, publishing in Albany is still proper. I do see how we’ve said a few different things regarding what address to use and where. Thanks for this awareness my friend. Again though, you are fine to publish in Albany since that is where you listed the county location of your LLC’s office. Hope that helps. Let me know if you need anything else.

      reply
  4. Tahtianna April 19, 2017

    Legalzoom filed my LLC in Albany, my RA is in NYC, I don’t live in either counties. Do I have to publish in Albany or NYC or can I still publish in my local county paper using the sample ad you have above but use my RA’s address or my own address? Thank you!

    reply
    • Matt Horwitz April 20, 2017

      Hey Tahtianna, you’ll need to look at your LLC’s Articles of Organization. Whatever is listed as the county of your LLC’s office location is the county that dictates where you need to publish your ads. Hope that helps :)

      reply
  5. andrew S April 24, 2017

    hello i am filling out the information to publish my LLC. it asks me the address ssny should use for process and on my filing receipt there is an address for process since i created my llc through legal zoom. is the address for process listed on the filing receipt the address i should put or should i use the address for place of business? thank you in advance

    reply
    • Matt Horwitz April 25, 2017

      Hi Andrew, you should actually look at your actual Articles of Organization and see what address is listed there as forwarding address for service of process. Hope that helps!

      reply
  6. Laura May 22, 2017

    Hi Matt,

    I used incfile to form my LLC and they offer 1 year of Registered Agent service free with formation. My Articles of Organization list their Buffalo, NY address as the address for service of process. But it also states that my company is doing business in the county of New York. Can I use their Buffalo address and fulfill the publication requirement in Erie County ($265) instead of NY county ($1200). Do I need to submit a certificate of change to do that? How does NorthwestRegisteredAgent get around this requirement?

    Thanks!

    reply
    • Matt Horwitz May 22, 2017

      Hi Laura, if Article 1 states the business is located in the county of New York, then you’ll need to file a Certificate of Change (Form 1359) and write “Erie” in THIRD #1. Once that is processed (you’ll receive a stamped and approved copy in the mail), then you can meet your publication requirements in Erie County. You can also use the Certificate of Change in the future as needed. Northwest Registered Agent would have likely filed your Articles of Organization differently (if you hired them), or you could have filled them out differently (if you filed yourself), or we would have (if you hired us), etc. In short, it would have been best to list the county office location as Buffalo from the start. Hope that helps.

      reply
      • M Verdugo February 6, 2018

        Had the same question – thanks for spelling it all out so clearly. So glad I found this site today – thank you!

        reply
        • Matt Horwitz February 9, 2018

          You’re very welcome :) Thanks for the kind words!

          reply
          • M Verdugo February 21, 2018

            Hi Matt,
            Another question. I had to do a change of address to a registered agent in Albany. I just received a form from the NYS Dept of Taxation and Finance titled LLC/LLP Request for Information/ Part 1 asks for New address info … Business address and business physical address. I’m not sure what to do with the form. Any advice appreciated.

            reply
            • Matt Horwitz February 21, 2018

              You can use your actual address in the LLC/LLP Request for Information. In our experience, this does not affect the publication requirement. Hope that helps.

              reply
  7. Lucy May 22, 2017

    Hi Matt,

    Thanks for all the clear information! Wish I had seen this before I submitted my initial LLC paperwork. I didn’t realize publishing in Manhattan county was so expensive and the address is literally printed in the newspaper. I used my personal address, is it too late to go the Registered Agent route? I received paperwork with TF number and a box for “new address information” and 15 days to return paperwork. Can I switch to a Registered Agent here or do I have to use the link below:

    https://www.dos.ny.gov/forms/corporations/1359-f.pdf

    Thanks in advance!

    reply
    • Matt Horwitz May 24, 2017

      Hi Lucy, apologies we missed you before you filed and published your ads. Thank you for the kind words! The Registered Agent is not really needed in New York, since by default, the Secretary of State acts as the agent for which service of process for all LLCs can be served. Using a Registered Agent in Albany (or another cheaper county) is a bit of a work-around for establishing your office’s county location (to save money on newspaper fees). At this point, since it sounds like you’ve already published your ads, I’m not sure there is a need for a Registered Agent address to be used in the Department of Taxation and Finance’s “LLC/LLP Request for Information” form. Hopefully that answers your question, but do let us know if you have any follow-ups.

      reply
      • Cimbria September 11, 2018

        Hi Matt, this is a great service you’re providing. Nice to have someone on my side who knows what they’re doing. Am I to understand correctly that the reason your sample ad lists SSNY as the registered agent is because the business is registered in New York county? If I’m registering in upstate then I would use the address of my registered agent or myself? The SSNY information is a little confusing. Thanks!

        reply
        • Matt Horwitz October 16, 2018

          Hey Cimbria, thank you :) Glad we can help! Check out the comments from Jeff on this page and my replies. I go into more depth about how, by default, the SSNY is the agent for service of process for all LLCs in New York. What step are you on now?

          reply
  8. Mark August 3, 2017

    Hi,

    If I choose to use LegalZoom, will they use your strategy to minimize my costs related to newspaper publication?

    Thanks

    reply
    • Matt Horwitz August 4, 2017

      Likely no, but you can contact them and see how they go about it.

      reply
  9. Abdel September 19, 2017

    Regarding the template,
    ——-
    {NAME OF LLC}. Art. of Org. filed with the SSNY on {DATE OF APPROVAL}. Office: {COUNTY NAME} 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, {YOUR ADDRESS}. Purpose: Any lawful purpose.
    Once the six (6) consecutive weeks of publication has been completed, please send the notarized Affidavit of Publication to: {NAME AND ADDRESS}.
    ——-

    {YOUR ADDRESS} is this my address or the address of my registered agent?
    {NAME AND ADDRESS} same question, is this my address or the address of my registered agent?

    Thank you very much.
    Your tutorials are awesome!

    reply
    • Matt Horwitz September 21, 2017

      Hi Abdel, keep in mind that is the email template you’re sending to the newspaper. Only the first paragraph is the actual ad text. The “Once the six (6) consecutive” paragraph are instructions for the newspapers. {YOUR ADDRESS} should match whatever you listed in the Articles of Organization as the address for forwarding of service of process. {NAME AND ADDRESS} is just for the newspaper to mail you back the Affidavits. So you can use your name and your best mailing address. Doesn’t really matter where in NY (or any state) it is. Hope that helps!

      reply
      • Abdel September 22, 2017

        Thank you for the clarification

        reply
  10. peter February 9, 2018

    Hi Matt,

    Thank you for all your help. You made the process very easy.

    One question I have is on LLC/LLP Request for Information from Taxation and Finance.

    I filed the LLC application and the document states that I formed in Albany and the FOURTH section in my AOO provides Northwest Registered Agent’s address. But on the THIRD section, I placed my home address, which happens to be in NYC, as instructed on your video. I am currently running adds in Albany.

    Which address do I use on LLC/LLP Request for Information? They ask for a) Business mailing address b) Business physical address

    I want to make sure that Certificate of Publication will be valid when I file it in a few weeks. I am not certain which address to use and I am afraid of using a wrong address that will result in the invalidity of publication requirement.

    I also used my personal address with IRS to get EIN.

    Thank you so much for your answer.

    reply
    • Matt Horwitz February 12, 2018

      Hi Peter, you’re very welcome! You can just use your actual NYC address in the LLC/LLP Request for Information. There’s no need to list your Albany address there. This won’t affect the validity of your publication requirement. Hope that helps.

      reply
  11. Colleen February 19, 2018

    Hi Matt:
    Thanks for the great site. I am on the fence about what direction to take. I am in New York and forming an LLC – but deciding whether to use Northwest and the Albany address for publishing or to use a Lawyer since a friend told me to filing taxes as an S Corp is more beneficial and I can use his lawyer for a $600 – $700 fee to setup my company since I am a partner of his. Might be a good idea to form a relationship with a lawyer going forward? Thanks!

    reply
    • Matt Horwitz February 21, 2018

      You’re welcome Colleen :) That is super hard to say looking from the outside. And filing taxes as an S-Corp can mean two things: either an S-Corp tax election sitting on top of a Corporation, or sitting on top of an LLC. I’m not sure which the attorney is talking about. I recommend speaking with a few accountants to make sure paying taxes as an S-Corp makes sense given your current net income and I also recommend you read our LLC taxed as S-Corp. Hope that helps.

      reply
      • Matt Horwitz February 21, 2018

        You could also still use the lawyer and publish in Albany. Just thought of that after submitting my first reply.

        reply
  12. Jeff Silverman February 27, 2018

    Hi Matt,
    Thanks for your great articles.
    Just because my registered agent is in Albany does not mean I can’t do business in Manhattan right?
    I have a service related business that will travel throughout NYC and around the state.
    Please advise.
    Thanks Jeff

    reply
    • Matt Horwitz February 28, 2018

      Hi Jeff, you’re very welcome. As for your question rephrased, (“If my registered agent is in Albany, can I do business in Manhattan?“), the answer is yes, you can still do business in Manhattan. The Registered Agent doesn’t dictate where you can do business. In fact, nothing in your Articles of Organization dictates in which counties/parts of the state you can do business in. You can travel throughout NYC and do business as usual.

      Shifting points a bit, the “key part” of the publication requirement (and publishing in Albany) is the county which you state your office is located in (which is something different than the Registered Agent address)… however, it’s in the hiring of the Registered Agent which allows you to use their address as your office address… which then allows you to publish in Albany county.

      Hopefully the above makes sense. You may need to read it twice ;) I know you asked about “doing business”, but since your question was posted on the Publication Requirements page, I figured both points would be helpful.

      Also, once you complete the publication requirement (publish 2 newspaper ads, received Affidavits of Publication, file your Certificate of Publication, and receive back your Filing Receipt for your Certificate of Publication), you can file a Certificate of Change and change the county your office is located in to New York County. Hope that helps!

      reply
  13. Jeff Silverman February 28, 2018

    Thank you, and just to confirm.. whatever county my registered agent is located in, is the county I need to run my newspaper ads in?
    And you’re suggesting Albany because it’s less expensive..right?

    reply
    • Matt Horwitz February 28, 2018

      Hey Jeff, yes, Albany is suggested because it has the most affordable newspaper publication fees. Please see the video on this page for a more comprehensive overview, as there’s too much to write out here. No, it’s no the address where your Registered Agent is located, but rather the county in which the LLC’s office is located (listed in the Articles of Organization as “The county within this state in which the office of the limited liability company is to be located is“). However, it’s in the hiring of a Commercial Registered Agent (located in Albany County) which give you the right to use their county as the county in which your LLC’s office is located (as well as use their address as your Registered Agent address and/or the address for “The address within or without this state to which the Secretary of State
      shall mail a copy of any process against the limited liability company served
      “). I hope that makes a bit sense. It’s a bit of work around in order to save money. Again though, check out the video. I think it’ll really help you wrap your head around the funny state of NY ;)

      reply
      • Jeff Silverman February 28, 2018

        Thanks Mark,
        I just got off the phone with a registered agent in NY and they said that having a registered agent is optional in New York.
        But it sounds like I need somewhere to list my office as a foreign LLC, so having a registered agent makes sense. Jeff

        reply
        • Matt Horwitz February 28, 2018

          Hey Jeff, therein lies the first “quirk” of New York LLCs. I didn’t mention this in prior response in order to avoid the message getting too long… however, by default, the New York Secretary of State (Department of State) serves as the agent for all LLCs if they need to receive Service of Process (lawsuit, notice, summons, etc.). A Process Server can simply “serve” the NY Secretary of State, and then the NY SOS will forward the process to the address you list in your Articles of Organization. Commercial Registered Agents really aren’t needed for most filers in New York. The reason we recommend hiring a Commercial Registered Agent in New York is that it’s the “work around” to getting an LLC “office” address in Albany, therefore, you can publish your newspaper ads in Albany County. When compared with New York County, or the other counties of the 5 boroughs, this can often equate to $800 – $1,000 (or more) in savings in newspaper publication fees. Another reason that filers hire a Commercial Registered Agent is privacy; keeping their address off public records. As soon as any address is used in a NY LLC filing, tons of junk mail start rolling in, as well as crappy internet “public record” websites spreading the contact information online. Hope that helps demystify things a bit further :)

          reply
          • Jeff Silverman February 28, 2018

            Thanks Matt,
            Can I start doing business in NY or do I need to wait for the publications to be completed?

            reply
            • Matt Horwitz February 28, 2018

              You’re welcome Jeff. You can start doing business as soon as your Articles of Organization is approved. You don’t have to wait for the publications to be completed.

              reply
              • Jeff Silverman March 18, 2018

                Hi Matt,
                Thank you for all your help, I filed in NY as a domestic LLC, but I originally started my business in Oregon. I’m hoping I don’t have to start over and register as a foreign entity.
                I’m told this is not an option on their online system. Any thoughts?
                Jeff

                reply
                • Matt Horwitz March 27, 2018

                  Hi Jeff, you’d file as a Foreign LLC if you wanted to retain your Oregon LLC’s history, such as its EIN, using the same bank account, etc. Forming a Domestic LLC in New York is like starting a “new business”. If that’s not what you wanted to do, you can dissolve this new LLC and then register your Oregon LLC as a Foreign LLC in New York, or you could also create a new New York LLC (which is owned by your Oregon LLC, not owned by you).

                  reply
  14. Jeff Silverman March 27, 2018

    Thank you Matt, it might be good to add a disclaimer somewhere in your filing instructions related to foreign LLC.
    I followed your helpful steps and did not realize this detail until it was too late. Thanks for your help.

    reply
    • Matt Horwitz March 27, 2018

      Hi Jeff, apologies for the confusion, and thank you for your valuable feedback. It’s been quite an undertaking to lay out and organize all the info we have… and it’s just not a unique LLC course layout for New York, but we have courses for all 50 states. But we’ll do better in making sure people learn the differences between Domestic LLCs and Foreign LLCs. Thanks again!

      reply
  15. Adam M. May 1, 2018

    Hi Matt,

    I need to file for a PLLC and not an LLC in NYS. When looking at the Articles of Organization, the third line states “The county within this state in which the office of the professional service limited liability company is to be located is:” If I go with Northwest Registered Agent, is this where I put Albany?

    On the fifth line, it asks for my personal address. Is this information public? Why do they ask for it?

    On the third page, it asks for the Filer’s Name and Mailing Address. What address is this- the registered agent’s address, the address where my business is actually located or my personal address? Is the info here public?

    Currently I’m renting an office in a co-working space and do not receive my mail there (they want $99/month for that). I have a business mailbox in NJ that receives mail (I have an LLC in NJ but since NY requires me to file as a PLLC, I cannot file as a foreign entity). Anyway, when I have to change my address back (when do we do that by the way?), can I put the NJ address or does it have to be my real office address at that point?

    Thanks for your help!

    reply
    • Matt Horwitz May 2, 2018

      Hi Adam, if you’re filing the PLLC by mail, you’ll be using Form 1374: PLLC Articles of Organization.

      Yes, if you hire Northwest, you’ll enter Albany for “The county within this state in which the office of the professional service limited liability company is to be located is“.

      In Fifth, yes, any information in the Articles of Organization is publicly accessible. It won’t immediately show in an LLC name search, however, anyone can order copies of documents filed with the state.

      Filer’s Name and Mailing Address: Think of this as the return address where you’d like the filing to go to. However, we recommend using the Registered Agent address here, as the address – unfortunately – is used by a lot of companies to send you marketing and promotional (aka junk) mail.

      When you say change the address back, are you referring to Third (the county)? If so, that county will need to be in NY. If you’re referring to Fourth (forwarding of service of process), that can be in NJ. If the Albany address is used for Fourth, you can change this after you’ve met the newspaper publication requirements (aka received a Filing Receipt for your Certificate of Publication filing). Hope that helps!

      reply
      • Adam May 2, 2018

        Hi Matt,

        Thanks for your reply.

        Just to confirm, once I hire Northwest, I can use their address for the THIRD, FOURTH and Filier’s Name/Mailing Address lines?

        Once I’ve met the publication requirements, I can then change THIRD and Filer’s Name/Mailing Address to a different county in NY and FOURTH to my NJ address (or the same county as THIRD/Filer’s). Do I have this correct?

        One last question.

        Upon filing with the NYSDOS, I’m required to file a certified copy of the Articles of Organization with the Education Department. Where do I get a certified copy? Who is supposed to give it to me, the DOS?

        reply
        • Matt Horwitz May 13, 2018

          Hi Adam, yes, you can use their address for THIRD, FOURTH, and Filer’s, however, when you file the Certificate of Change, you’ll just be changing THIRD and FOURTH; not Filer’s. That can’t be changed. But no need to worry, it’s only used once by the state to return the filed documents. To obtain a Certified Copy of the Articles of Organization, you have to request it in writing. The state has instructions here: https://www.dos.ny.gov/corps/faq_copies.page.asp. I also just emailed you a template request letter. Hope that helps!

          reply
  16. Lori May 8, 2018

    Hi! This is all so helpful! Thank you!
    Question- my husband formed an LLC years ago. He never did anything with it after its formation. Now we need one for a completely different purpose. Is is possible to skip this whole process and somehow transfer over the old LLC for our new purpose? We would be happy to change the name to something more appropriate, or just leave it if thats necessary.

    Thank you!

    reply
    • Matt Horwitz May 16, 2018

      Hi Lori, you’re very welcome! No need to “transfer” the LLC’s purpose. You can just use the existing LLC. Just make sure it’s in good standing by making sure the LLC Biennial Statements have been filed. Hope that helps.

      reply
  17. Lyssa May 31, 2018

    If I did pay for a registered agent for my NY state LLC, should that line “SSNY shall mail copy of process to the LLC, 100 Jane Street, #4A, New York, NY 10014.” say the name of the registered agent instead?

    In my case, “United States Corporation Agents, Inc. shall mail a copy…”

    I already changed the name of the registered agent line to that, but legalize doesn’t make it easy to decide if that sentence should be the same.

    reply
    • Lyssa May 31, 2018

      I also just feel like I was little tricked through the Legal Zoom route…I’m stuck paying a fee for my registered agent which is located in Brooklyn, NY so if I wanted to use their address it would be super expensive.

      reply
      • Matt Horwitz June 17, 2018

        Hi Lyssa, you don’t have to pay for their Registered Agent services. You can cancel with them and then file a Certificate of Change, removing them as your agent. You can also change your address in that same Certificate of Change if you are following the publication strategy (and filing in Albany).

        reply
    • Matt Horwitz June 17, 2018

      Hi Lyssa, you’d need an additional statement about the Registered Agent, but based on your other comment, are you going to be keeping them as your Registered Agent? Because you don’t have to. Let me know what you decide and I’ll add some notes about the ad text. Hope that helps.

      reply
  18. IS June 27, 2018

    Hi Matt,

    Thank you very much for this great video!
    Unfortunately, I didn’t do anything to meet the publication requirement when I formed my LLC in Kings County about a year ago. What are the possible consequences down the road and can I still publish in papers? Or, would it be best if I dissolved this LLC and filed a new one?

    Thank you in advance!

    reply
    • Matt Horwitz July 31, 2018

      You’re very welcome! Your LLC isn’t in good standing, however, you can still meet the publication requirement at anytime. No need to dissolve the LLC. Just go ahead and take care of it and you should be good. Hope that helps.

      reply
  19. edvardas July 8, 2018

    Hey Matt, Im starting LLC tomorow main office bronx, but I want to publish with registered agent from albany, so should I put their address in “service of purpose” and also in “registered agent address”?

    thanks

    reply
    • Matt Horwitz August 12, 2018

      Hi Edvardas, yes, this is the best way to establish your LLC’s office being in Albany County. Although you don’t have to also list the address as the Registered Agent (although you can – it doesn’t make a different), you can just list as address for service of process. Also make sure to select/enter Albany County as your LLC’s office location. Hope that helps.

      reply
  20. Carla July 9, 2018

    Hi Matt:

    I filled as Domestic LLC on April 4 of this year.I did all my paper work by myself,sadly I made mistake on the( County info) Articules of Organization.My HOME BASE business is located in QUEENS(NY) so my county should be QUEENS but instead I did NY.I need to do my newspaper publication,the true I will like to save money on my publication and they toll me Queens is lot cheaper then MANHATHAN (around $1300).

    how do I change my county info ? how long it will take the change so I can go ahead and work on the publication?
    also
    what other filling paper has to change now that I will be changing my county?

    As Home base business.I don’t have an agent, will you recomende me to have one at this point? I did all my paper work( Sales tax, IRS, etc.)but a little scared with all the cons and not haven’t it.

    Thank you very much…..!
    I see that you help a lot people hope you can help me to.

    reply
    • Matt Horwitz August 12, 2018

      Hey Carla, you can hire a Commercial Registered Agent (as mentioned on this page) and use their address in Albany as your LLC’s office address. After you hire the agent, file a Certificate of Change and change your LLC’s county and address for service of process to Albany. Takes about 45 days to be processed/approved. Then proceed with meeting the publication requirement in Albany County. Hope that helps.

      reply
  21. Ron July 26, 2018

    Hello,

    Is there any flexibility in the format the publication follows? What is the shortest format that is legit?

    Thanks!

    reply
    • Matt Horwitz August 14, 2018

      Hi Ron, the example we have on this page was intentionally made short, however, if you can abbreviate or cut it down further, feel free. Just make sure the ad contains the following information as per Section 206 of the New York LLC Law:

      • Name of LLC
      • Effective date of LLC
      • County where LLC office is located
      • Street address of the principal office address, if any (this can be left out)
      • Statement that NY Secretary of State is designated as the agent upon which process can be served and an address for your LLC where the state can forward any process received
      • If your LLC will also have a Commercial Registered Agent, their name and address (can be left out depending on how Articles of Organization was filed – even if Commercial Registered Agent was hired to publish in Albany County)
      • If LLC doesn’t have a perpetual existence, enter the specific date of future dissolution and the events of dissolution as per Section 701 (not applicable for most readers)
      • Purpose of the business

      Hope that helps!

      reply
  22. Bruce August 7, 2018

    Hello Matt,

    I have a question for you. Me and some friends want to put up a production company. We’re planning on getting Northwest Registered Agent and we saw that we need to put an ad in the newspaper and the examples we saw had the person’s address. My question is that is it okay to put your personal address on the ad or is it better to create a virtual address, just to be sure. That’s it, waiting for your response.

    Have an awesome day.

    Best,

    Bruce

    reply
    • Matt Horwitz August 15, 2018

      Hey Bruce, you only need to list one address – and that’s the address where the Secretary of State can forward any service of process. You can use the street address that Northwest provides or you can use your personal address. So no need to create a virtual address for this. Hope that helps.

      reply
  23. Taylor August 8, 2018

    Hello,
    Im trying to make a ad in the Buffalo News, in which we have just became a LLC company, Im trying to figure out exactly what information needs to be obtained while writing this out.

    reply
  24. Dee August 8, 2018

    Are they any online sites that will help me file for PLLC in NY? Legal zoom said they don’t.

    reply
    • Matt Horwitz August 15, 2018

      Hi Dee, yes, Northwest Registered Agent can form a PLLC for you. However, there isn’t a link for this on their website. You’ll just need to call them instead to get the process started. Hope that helps.

      reply
  25. Sid August 15, 2018

    i called the county clerk’s office where i live in NY County (Manhattan) they wouldn’t tell me the name of the newspapers they approved. they said i’d need the articles of organization completed 1st and the filing receipt. so i wasnt able to compare the cost compared to Albany county publication cost. but still thanks for the knowledge!!!

    reply
    • Matt Horwitz August 16, 2018

      Hey Sid, New York County is a bit different in how things work. They actually want a Filing Receipt of the Articles of Organization first and then they’ll let you know what papers you can publish in. However, anything in the 5 boroughs begins to approach $1,000 and New York County is usually always over $1,000 in newspaper fees. Hope that helps when comparing the publishing costs in Albany County.

      reply
      • Sid August 16, 2018

        Thanks for your insight and replying back….

        reply
        • Matt Horwitz August 17, 2018

          You’re welcome Sid.

          reply
  26. Kim C. August 17, 2018

    Hi Sid,
    I have been following you and all of the advice that you offer for LLC’s. I had intended to register my business as an LLC until recently being told that I should register as an S Corp. Is it true that the process to register an S Corp is the same as an LLC? If not, do you have the instructions on how I can register my S Corp on my own?

    Thanks in advance.

    reply
    • Kim C. August 17, 2018

      I’m so sorry for the mistake on your name.

      Hi Matt (I should’ve said), Ughhh!

      reply
      • Matt Horwitz August 18, 2018

        No worries Kim :) An S-Corporation (aka “S Corp” or “S-Corp”) cannot be “formed” at the state level, since an S-Corp is a not a legal entity (like an LLC or Corporation), but rather it’s a tax entity, meaning, it’s a tax classification made with the IRS. So you would first form an LLC or a Corporation with the state and then elect for the entity to be taxed as an S-Corp by the IRS. Think of the S-Corp as a layer that “sits on top of” either an LLC or a Corporation. We have more info on an LLC being taxed as an S-Corp here: LLC taxed as S-Corporation. Hope that helps!

        reply
        • Kim C. August 18, 2018

          Thank you so much. I found the information on being taxed as an S Corp on top of the LLC. I truly appreciate what you are doing here to help. This is absolutely amazing. I wish you well in your efforts to educate.

          reply
          • Matt Horwitz August 19, 2018

            You’re very welcome Kim! Thank you very much for your lovely comment!

            reply
  27. Douglas H August 25, 2018

    I filed for a LLC with legal zoom. They took 2months to submit the paperwork. I cancelled my order. they sent me paperwork regarding my LLC.
    1. Articles of Organization
    2. Filing Receipt with DOS ID #
    3. LLC/LLP request for information with temp TF number
    All these documents only have our LLC name, my husband’s name is not on any of the documents.
    Is there any way you would be able to send me a picture of what the Articles of Organization supposed to be/ Look like?
    My husband is currently in contract to purchase a house and the contract is in his legal name, he doesn’t know if he can use the LLC. Please help.

    reply
    • Matt Horwitz August 31, 2018

      Hi Douglas, in New York, the LLC Members are listed in the Operating Agreement, not in the Articles of Organization. Hope that helps.

      reply
  28. Anthony August 30, 2018

    Hi Matt,

    Am actually in the first steps of forming an LLC in state of New York and Following your Instructions. i first call the County Clerk Office located in the county where i will be doing business, to get the phone number of two approved daily and weekly newspaper, so I can get their fee to publish my add for 6 continues weeks. They told me before giving me the phone number for these 2 newspaper i must send them a receipt of my filling Certificate of Reservation. giving to me by the New York department of state for filling the Application of reservation of name.
    So I filled the Application for Reservation of name and i mailed it with the fee of $20 in money order to the address they instructed me to mailed it to
    so Now am just waiting for New York department of state to send me my receipt (Certificate of Reservation) was this request from their part normal or correct ?

    reply
    • Matt Horwitz October 12, 2018

      Hi Anthony, there are a few counties which are “weird” like that – they want your Filing Receipt (for the Articles of Organization) and then they tell you the newspapers. Not very helpful if you’re trying to figure out pricing BEFORE filing your Articles of Organization LOL! Did you get your Certificate of Reservation yet and send it the newspaper? Curious to hear what you found out. And what county this was? Thanks.

      reply
  29. Shannon September 24, 2018

    Hi Matt,

    I love what you are doing here and will be sure to share llcuniversity.com with my friends and family on social media.

    I live in Manhattan, NY and the newspaper publications cost here is very high. I would like to use your suggested publication method to save money.

    On the Articles of Organization form, I understand if I were to hire Northwest as a Registered Agent, I can fill in “Albany,” in the SECOND section for the County and Northwest’s address in the THIRD section as the address to which my llc will be served, if it ever needed to be.

    However, the Articles of Organization also asks for the “filers name and mailing address.”

    What address should I put here?.. Should it be my Manhattan personal home address? The Northwest Registered Agent address again? or my Manhattan UPS mailbox address that I set up for my businesses address?

    Thank you in advance

    reply
    • Matt Horwitz October 20, 2018

      Hey Shannon, thanks so much!! While you can use any address you’d like here, we recommend using the Registered Agent address. The Filer’s Address is used for nothing more than a “return address” where the Filing Receipt (for the Articles of Organization) is sent, however, so is a lot of junk mail. Using the Registered Agent address avoids the junk mail, has more privacy, and if you hired Northwest, they’ll scan that Filing Receipt and email it to you once it arrives. Hope that helps!

      reply
  30. Juan J. October 30, 2018

    How are you Matt?? I hope you are doing great. First off, thank you so much for this incredible work you have done for all us. Seriously, it is top notch. I am a little bit lost right now. I did my AOO and I filled to the DOS, and I registered for one year with Northwest. I currently live in Queens, NY. I still did not run my ads, I am probably going to start this week. My question is about the LLC/LLP Request for information I receive for the NYSD taxation and Finance. Let’s see:
    In the first part, they ask for New Address information, and is divided in two sections, one is business mailing address and the other is a Business Physical address. My question is which address do I have to write here? Do I have to write the two sections? In my AOO my Third section is my personal Queens address and my Fourth section is the Northwest address in Albany, which is what I understood from the videos. I am confuse about this.
    In part 3 say Federal employer identification number (EIN), but I do not have this number. Do I have to apply for? Is it coming home since I submit my AOO already? I am a sole propietor. Actually there is a box that states to check here if the LLc is a single-menber LLc that disregarded as an entity separate from its owners for federal and NY state purposes. I am not sure if I have to check this or not.
    And last, the very next thing that ask me is Owner’s legal name and EIN, but I don’t have this EIN, so what I do?
    I am very sorry is this is sounds stupid, probably it is, I just do not want to mess my application. Sometimes, legal stuff takes a little bit more time to understand since English is not my mother tongue. Actually I apologyze in advance for any grammar mistake.

    reply
    • Matt Horwitz November 22, 2018

      Hi Juan, you’re very welcome! Are you a US resident or non-resident for federal tax purposes? It’s probably a good idea to speak with an accountant in New York about how to prepare the LLC/LLP Request for Information.

      • If you listed your county location as Albany and are using Northwest’s address, then you can publish your ads in Albany County.

      • Federal Employer Identification Number (EIN): If you have an SSN, check out this lesson: apply for EIN for LLC online. If you don’t have an SSN, check out this lesson: apply for EIN without SSN.

      • LLC/LLP Request for Information:

      – You’ll want to use your actual address here. It doesn’t have to match your Articles of Organization.

      – How will the LLC/LLP be treated for federal tax purposes: If you’re considered a US person for tax purposes, you’ll select “Sole proprietor”. If you’re a non-US resident for tax purposes, you can select ‘Other’ and enter “Foreign-owned Single-Member Disregarded LLC”.

      – Are you a single-member LLC disregarded as an entity separate from its owners for federal and New York State tax purpose: You’ll select “yes” here as your LLC is a disregarded entity.

      – NAICS Code – Please see here: NAICS Code for LLCs.

      Hope that helps!

      reply
  31. eric November 27, 2018

    Hi Matt, I want to setup an LLC for property in NYC, the publishing cost are high in NYC, because the LLC is for a property in Manhattan does it require publication in Manhattan, or can I publish the LLC in Albany using register agent and then later transfer LLC address back to NYC. Is this allowed for property and can it be done to save costs. Please advise.Thank you

    reply
    • Matt Horwitz December 3, 2018

      Hey Eric, as long as the LLC is registered in Albany County, you can fulfill your publication requirements there. It doesn’t matter where the assets owned by the LLC are located. Hope that helps.

      reply
  32. PRISCILLA PAREDES December 4, 2018

    Good Morning

    I am very confused regarding the publication requirements in NY. I currently formed an LLC where my services will be based in Manhattan but i have designated my registered agent which is located in Yonkers NY. Will i be able to publish in westchester county to meet the requirements? My registered agent will be receiving my business mail and is currently my accountant. When i formed my business in the article of organization it list the registered agent and address in westchester county but my business address holds the NY NY address.

    Thanks

    reply
    • Matt Horwitz December 6, 2018

      Hi Priscilla, what county did you list for “The county within this state in which the office of the limited liability company is to be located”? That’s the county that dictates where you’ll need to publish. If you want to change that county, you can file a Certificate of Change.

      reply
  33. Ashu T December 10, 2018

    Hi Matt, ty for the great strategy. So I got my LLC filed now in Albany using Northwest. Next step is to contact the newspapers to publish the weekly and daily ads? Just wanted to double check before moving ahead!

    ty

    reply
    • Matt Horwitz December 10, 2018

      Hey Ashu, you’re welcome. Yes, that is correct. You’re ready to begin publishing your LLC newspaper ads. Hope that helps!

      reply

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