New York LLC Publication Requirements (Part 1)

128 comments on “New York Publication Requirements (Part 1)”

1. Greetings Matt, I have a couple of questions:

   How mandatory is it to publish your business in these newspapers, especially if you’re just starting out?

   Is the IRS really searching for new business owners to meet this requirement?

   Also, correct me if I’m wrong, but for example, does this process gear towards brick-and-motor business vs. someone who has an e-commerce business?

   Finally, what the ultimate consequence for not meeting this requirement?

   Thanks for all that you do!

   • Hi Brian, the NY LLC publication requirement is a part of NY law and therefore has nothing to do with the IRS. And no, it makes no difference whether the business is brick-and-mortar or an online business; the publication requirement applies to all New York LLCs.

     While it is a legal requirement, and it keeps your LLC in good standing, the ramifications of not publishing are considered to not be major by some, while others would rather just get it done and not spend time interpreting statute, or worrying about it.

     As per Section 206 of the NY LLC Act:

     “If within 120 days after its formation, proof of such publication, consisting of the Certificate of Publication of the LLC with the Affidavits of Publication of the newspapers annexed thereto has not been filed with the Department of State, the authority of such LLC to carry on, conduct or transact any business in this state shall be suspended, effective as of the expiration of such 120 day period.”

     However, it further states that “shall be suspended” means it [we’ve simplified the meaning in parentheses]:

     • shall not limit or impair the validity of any contract (contracts are still valid)
     • shall not limit or impair any act of the LLC (actions are still valid)
     • shall not limit or impair any right or remedy of any other party under or by virtue of any contract, act or omission of such LLC (other parties’ rights and remedies are still valid)
     • shall not limit or impair the right of any other party to maintain any action or special proceeding on any such contract, act or omission, or right of such LLC to defend any action or special proceeding in this state (parties can sue the LLC, and the LLC can defend itself)
     • shall not limit or impair any Member, Manager or agent of such LLC becoming liable for the contractual obligations or other liabilities of the LLC (Members and Managers aren’t personally responsible for the LLC’s contractual obligations)

     The statute further says, “If, at any time following the suspension of an LLC’s authority to carry on, conduct or transact business in this state pursuant to this subdivision, such LLC shall cause Proof of Publication in substantial compliance with the provisions (other than the 120 day period) of this subdivision, consisting of the Certificate of Publication of the LLC with the Affidavits of Publication of the newspapers annexed thereto, to be filed with the Department of State, such suspension of
     such LLC’s authority to carry on, conduct or transact business shall be annulled.” Meaning, if you haven’t met the publication requirement in 120 days, and you do so on some future date, as soon as the publication requirement is met, the LLC’s suspension is removed.

     Here’s what we typically see. Most average small business owners don’t like to “take chances”. They just meet the publication requirement on move on with their life. However, some more confident/experienced business owners take a more aggressive approach. They ignore the publication requirement, and then only do so if they need to sue someone or defend the LLC in a lawsuit.

2. Hi Matt
   thank you for your service, I have many questions but will limit it to this one for now.
   After I form the LLC in NY and get an EIN can I open a bank account or do I need to wait for the 6 weeks of publication time to occur first before I open a bank account??

   • You’re welcome Teeya. Yes, you can open your LLC bank account right away. You don’t need to wait for the publication requirement to be met.

3. Hi,

   Thanks for sending me to this article (via comment). But I’m still confused.

   If I go to them to file a LLC in NY, is this indicating they will be doing the newspaper thing on my behalf? If so, how is that done? I’m a little confused on that part.

   • Hi Lisa, ah, I see. No, Northwest doesn’t take care of the newspaper publication requirement. You’ll need to take care of that (we provide instructions on our site; see “Detailed Lessons” at the top of any New York page). Northwest allows you to use their address and therefore publish in Albany county.

4. Good afternoon Matt,

   I commented earlier and pretty much skimmed through this whole thread. My main concern (I am about to submit and I am starting a media company – im a blogger, creative, artist, influencer, etc) is where do I PUT MY ADDRESS! This whole application I’m putting everyone else’s information, lol. I did just fill out my address under organizer and filer name, but before that I didnt put my address or name on anything I put my registered agents address, same for county I put their county (in Albany – registered agent inc). I want to make sure im doing this right and need reassurance. Happy new year again and thank you.

   • Hi Shakira, you own the LLC because it’s your LLC and you decided to form it. That is memorialized in the New York LLC Operating Agreement. You don’t need your name or address on the New York LLC Articles of Organization in order to own the LLC. You also don’t need to use your address for the Filer’s information. You can use your Registered Agent address if you’d like. Actually, the Filer’s information serves very little function and in fact, mostly just gets junk mail. So if you didn’t file the Articles of Organization already, we recommend using the Registered Agent address in the Filer’s information section.

     • Thank you. I did put my address under filer, because I did not realize that I did not have to. What are the cons of having my address on there? If any besides getting junk mail.

       • Hi Shakira, you’re welcome. It’s not a big deal at all. Really just some junk mail ;)

5. Thanks for this. What if a domestic LLC is opening a SECOND office in another county after meeting the publishing requirement? Does the LLC need to publish for that county as well?

   • Hi Dee, no. Your LLC just needs to meet the newspaper publication requirement once. As per Section 206 of the New York LLC Act (the first sentence), the newspaper publication requirement is based off the filing of the Articles of Organization, not how many office locations an LLC has.

6. Hello, thank you so much for all the information. I have to change the address, not the county. Now, I have a new address within the same county. Can I do the ad using the new address? Regards.

   • Hi Alaa, you can file a Certificate of Change to change your LLC’s address. And yes, you can publish your newspaper ad using your new address. Hope that helps.

7. Matt, I have three questions:
   1. Is the Publication required/useful for Sole Proprietor LLCs (disregarded entity)?
   2. Can I publish well beyond the required deadline of 120 days and is still worth it can there be any negative impact (fines…)?
   3. If the LLC is already incorporated with an address in New York, can I still pursue the Albany publication strategy and how ?

   Two question would follow the above ones:
   4. What are the risks of not publishing at all?

   Many thanks for your support.

   • Hey Raffaele, here are the answers to those questions:

     1. The newspaper publication is required for all LLCs, regardless of how the LLC is taxed. So that includes LLCs with 1 Member (disregarded entity LLC) and LLCs with 2 or more Members.

     2. Yes, you can publish past the deadline. There are no fines. Once your LLC misses the deadline, it becomes not in good standing. As soon as you meet the newspaper publication requirement, your LLC goes back into good standing.

     3. Yes, you can. You would first need to file an LLC Certificate of Change and change the county to Albany. Wait for that to be approved and then publish your ads in Albany county.

     Hope that helps.

8. Hi,

   I created a LLC in October but didn’t publish it yet. I am looking to publish now, will I be ok? My LLC was formed in Albany with Northwest. Do I need to do anything else other than get it published?

   PS: great service!

   • Hey Christopher, since more than 120 days have passed without publication, your LLC’s authority to do business in New York is suspended. Complying with the publication requirement will automatically lift that suspension though. So you can just go ahead and proceed. Hope that helps.

9. Good morning Matt,

   First, I want to thank you for being so helpful to all of us. I really appreciate it.

   I am in the process of filing my LLC. I live in Nassau County Long Island. I just purchased a Regus Virtual office to receive my mail, conference rooms, etc. Until I have a brick and mortar location, this will also help to secure future business funding for my business, as I was advise from several consultants.

   My question is when filing, 1) Where do I put my business address information and 2) Can I select a Registered Agent in Albany? or would I have to select (or input) another agent closer to me in my county?

   Please advise.

   Thank you

   • Hi Bernard, you’re welcome. If you’re looking in to publish your newspaper ads in Albany, you’ll want to get a Registered Agent in Albany and use that address. Then after you meet the publication requirements and file your Certificate of Publication, you can change your address back to your Regus address. All the details will be in the video on this page. Hope that helps.

10. If I set up an LLC in New York CIty and I do not publish, do I lose the protection of an LLC ? Can I change the address before I publish to an inexpensive place to publish and then change it back to New York ? Thank you for your assistance

    • Hi Ben, no, you don’t lose the LLC’s protection if you don’t publish. Many people will file the Certificate of Change to change their LLC’s county location. Hope that helps.

11. 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

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

12. 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

    • 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.

13. 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.

    • 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!

14. 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 ?

    • 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.

15. 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.

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

16. 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.

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

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

      • 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!

        • 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.

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

17. 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!!!

    • 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.

      • Thanks for your insight and replying back….

        • You’re welcome Sid.

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

    • 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.

19. 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.

    • Hi Taylor, please see our New York Publication Requirements Part 2 lesson for an example newspaper ad that you can use for your LLC. Hope that helps!

20. 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

    • 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.

21. Hello,

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

    Thanks!

    • 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!

22. 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.

    • 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.

23. 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

    • 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.

24. 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!

    • 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.

25. 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.

    • 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.

      • 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).

    • 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.

26. 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!

    • 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.

27. 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!

    • 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!

      • 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?

        • 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: NY Division of Corporations: Obtain copies of documents. I also just emailed you a template request letter. Hope that helps!

28. 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.

    • 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!

29. 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?

    • 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 ;)

      • 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

        • 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 :)

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

            • 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.

              • 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

                • 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).

          • Thank you for all the great information, Matt.

            I was curious if you need to maintain the Registered Agent after filing in order to keep the privacy, or if once the initial filing is over if it’s safe to fill out the forms to update your LLC without losing that privacy from the initial filing.

            I assume privacy would be lost, since if you get rid of the registered agent you then need to file with your own address(es).

            Thanks!

            • You’re very welcome, Bagogipi! Yes, you are correct. You’d need to maintain the Registered Agent service in order to use their address. If you were to file a Certificate of Change and change your LLC’s address (address for forwarding of service of process and/or Registered Agent’s address), that new address would reflect on the state’s Business Entity Database. The address(es) can take about 30-60 days before they update on the state’s database (if there’s a change). Hope that helps.

30. 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

    • 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!

31. 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!

    • 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.

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

32. 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.

    • 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.

      p.s. The form says it’s due within 15 days, but this isn’t enforced, and there’s no penalties if it’s submitted late. It’s not a binding form, it’s just informational in nature. The NY Department of Taxation & Finance just wants to know what type of returns they should expect from your LLC. Hope that helps.

33. 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!

    • 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!

      • Thank you for the clarification

34. Hi,

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

    Thanks

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

35. 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 Certificate of Change form? Thanks in advance!

    • 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.

      • 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!

        • 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?

      • Hi Matt, I hope you can help clarify the registered agent portion. If the NY Secretary of State acts as the agent for LLCs and it seems there address is located in Albany, can we not use the Albany County’s publication? Why would we need another registered agent located in Albany if the Secretary of State’s address is located in the Albany County? Thank you.

        • Hi Susan, great question. By hiring a Commercial Registered Agent, you are using that address as the LLC’s office location (not just the Registered Agent address) and then publishing in Albany county.

36. 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!

    • 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.

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

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

          • 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.

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

              Also, the form says it’s due within 15 days, but this isn’t enforced, and there’s no penalties if it’s submitted late. It’s not a binding form, it’s just informational in nature. The NY Department of Taxation & Finance just wants to know what type of returns they should expect from your LLC. Hope that helps.

37. 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

    • 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!

38. 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!

    • 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 :)

39. 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.

    • 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.

40. 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

    • 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!

      • 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.

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

      • Hi Matt, I’m starting my LLC and I’m stuck. My registered agent is in Albany, and when I do get ready to pay for my newspaper ads I’d like to use newspapers in Albany because it’ll save me money rather than using them in the city. So is it a problem that I put Albany as my county? Even though I am in New York City?

        • Also, I used my service of process as REGISTERED AGENTS INC in Albany.. they are my registered agent….. (bc my understanding is that the service company you use for service or process is the same thing as a registered agent) is this correct?

          • Hi Shakira, they are very similar. Technically, if someone serves the LLC with service of process, they’ll serve the Secretary of State (by default) and the Secretary of State forwards the mail to the “address for forwarding of service of process”. Also, if there is a Registered Agent listed on file, the Registered Agent will also receives the service of process (and then forward to you). So they are not exactly the same thing, but they end up doing the same thing. If you didn’t have a Registered Agent, the Secretary of State would just be served. It’s a little confusing in New York, but hopefully that makes sense ;)

        • Hi Shakira, if you hired a Registered Agent in Albany and listed Albany as the county for your LLC initial office address, then you can publish in Albany county. After you meet the newspaper publication requirement, you can change your county/address back to NYC. Hope that helps.

          • Yes, this clarified things. Thank you!

41. 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?

    • 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)?

      • Hi Matt,

        I’m a bit confused about the fee for Northwest Registered Agent. In your tutorial, the fee is stated as $125. However, there’s a link above (“Need to save time?…”) for $39 (plus the NY state fee). When I click the link, it looks like I can get the basic service, which includes LLC Formation Service and Registered Agent Service. My main reason for wanting to use a registered agent is to keep my personal address private when publishing the LLC formation in the newspapers. (I’m offering a service and will not have a separate business address.) It appears that this will accomplish that. Is this correct, or am I missing something?

        Thank you,
        Hali

        • Hi Hali, great question. There are two ways to hire Northwest Registered Agent. Just stand-alone Registered Agent service for $125 per year, or hiring them to form your LLC for you, which is $39 and includes Registered Agent service free for the 1st year ($125 per year after that). The video was recorded before these two different types of pricing existed. And yes, if you hire them to form your LLC or you just hire them as your Registered Agent, you/they can use their address throughout the entire filing to keep yours off of public record. Hope that helps!

          • Thanks Matt! Would there be any reason to keep them as a registered agent after a year, and will I be able to easily cancel? I guess I’m uncertain about the benefits of having a registered agent, other than keeping my personal address out of the newspaper during the six weeks of publication.

            Thanks again,
            Hali

            • Hi Hali, you can keep them as Registered Agent if you’d like to keep your address off your LLC filing. While you’ll keep your address off the newspaper ads, your LLC filing information is still on public record with the state (regardless of what your ads say). If you do cancel, it’s quite easy. It can be done from within your online account. Hope that helps.

              • Thanks Matt, and thanks for providing this very helpful website!

                • You’re very welcome Hali!

      • Hi Matt! To piggyback off this question, if I were to create an LLC (Name X) then file for a DBA (Name Z), would the ad have to run under name X or Z?
        Thanks!

        • Hi Amber! You’d run the ad under the name of your LLC. Hope that helps.

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