New York Publication Requirements (Part 2)

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New York LLC Publication Requirements (Part 2)

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 publishing your newspaper ads. As a reminder, now that your LLC is formed, you’re required to notify the public of its formation by publishing an ad in 2 newspapers. Your ads 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 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. You’re now ready to prepare your ads for the newspapers. We recommend that you pause the video now and write out your ad using the following format and replacing the underlined text with your LLC’s information: “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 may be served. SSNY shall mail copy of process to the LLC, 100 Jane Street, #4A, New York, NY 10014. Purpose: any lawful purpose. You can find your LLC’s formation date in the Filing Receipt he received back from the State. For the address part, you can use your actual address, or you can use the address of a Registered Agent (if you’ve hired one). The ad format will remain the same for both the daily and the weekly newspaper. You will simply publish the same ad twice. The example ad we just showed you is also listed below this video for your reference. You’re now ready to contact the newspapers and publish your ads. If you are publishing in Albany County, you can find the contact information below this video for the approved Albany daily and weekly newspapers. If you are publishing in another county, remember, the newspapers must be approved by the County Clerk for the county in which your LLC office address is located. Below this video is a list of all the New York County Clerks. You’ll need to call your County Clerk to obtain the contact information for 1 approved weekly newspaper and 1 approved daily newspaper. You should have done this in an earlier Lesson. If you did, you can just use that contact information and call those newspapers. Once you have found an approved daily and weekly newspaper, you’re now ready to prepare an Ad Request Form. The Ad Request Form is a template that we have created to make it easier for you when placing your ad order with the newspapers. You can download the form below this video. The Ad Request Form contains standard language that can be used to place your ad order with any newspaper, in any county. You will simply replace the underlined text in the Ad Request Form with your LLC’s information. Then, you will send your request form to the newspapers to place your order. Depending on the newspaper, you may need to place your order by phone, fax, email or online. If placing your order by phone, you can read the information in the Ad Request Form to the newspaper representative. If not ordering by phone, you will submit your Ad Request Form online, or send by fax or email to the newspapers. Then, be sure to call the newspapers afterwards to confirm they received your order and to obtain payment instructions. Again, your ads will run in both the daily newspaper and the weekly newspaper for 6 consecutive weeks. After the 6 weeks is over, the newspapers will send you confirmation that your ads have run. This confirmation comes in the form of an Affidavit of Publication. The Affidavit of Publication is proof from the newspapers that your ads have been published. Most newspapers will automatically mail you an Affidavit of Publication shortly after the ads have run. However, if they do not, you will need to call or email the newspapers to obtain your Affidavits. Once received, you will then need to keep these Affidavits of Publication handy, as you will need to submit them with your Certificate of Publication to the State. We will show you how to submit your Certificate of Publication in the next Lesson. We also recommend that you make a photocopy of the Affidavits and keep them with your business records. You’re now ready to contact the newspapers and publish your ads. Remember, below this video you will find the Example Ad format and Ad Request Form which you can download, the contact information for Albany County approved newspapers, and the contact information for all New York County Clerks. Remember, you need to call the County Clerk and obtain the contact information for approved newspapers. Once you have placed your ad orders with the newspapers, 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)

Downloads

Ad Request Form

County Clerk Directory

Instructions: call your county clerk and obtain the phone number of one daily newspaper and one weekly newspaper.

List of all County Clerks: http://www.nysac.org/countyclerks

Albany County Newspapers

Times Union Daily (daily circulation)
Phone: 518-454-5000 (press 0, then ask to the Legal Department)
Email: [email protected]

Altamont Enterprise (weekly circulation)
Phone: 518-861-4026 (press 101 for Legals)
Email: [email protected]

1. Send them your ad copy and request a price quote.
2. Give them written approval in the email. Can be as simple as, “Okay, please proceed.”
3. They will send you an invoice and you can make payment online.
4. FYI, because they are a weekly paper, they only check emails on Friday and Saturday.

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.

Next Step

Once you have published your ad in one weekly circulation newspaper and one daily circulation newspaper for 6 consecutive weeks, please wait for the newspapers to send you your Affidavits of Publication.

Once you receive your Affidavits of Publication, you can then proceed to the next Lesson: Certificate of Publication.

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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.

26 Comments

  1. John December 28, 2016

    Hello Matt!

    Thanks for your advice regarding NY publication, I availed the registered agent you mentioned (Northwest) in Albany to save on fees.

    LLC was filed 12/20/2016 but I used delay filing so it would be effective
    1/1/2017 (exist date)

    On the articles of organization, county is QUEENS (where I live) but I availed of Northwest registered agent in Albany to save on publication fees

    I do have 3 questions before I proceed to publish on Albany newspapers:

    1. I would like to confirm if the date of approval I need to use is Dec 20 or Jan 1?
    2. Which county should I put in the LLC ad: Queens or Albany?
    3. In the LLC ad template that you gave “SSNY shall mail copy of
    process to the LLC,” should I put the registered agent’s address here (Albany) or mine (Queens) ?

    Thanks again Matt!

    reply
    • Matt Horwitz January 1, 2017

      Hey John, very happy hear and glad we could help :) You may have misunderstood our instructions. You’re supposed to list the Albany address on the Articles of Organization (not your Queens address), as you need to publish your newspaper ads in the same county where the LLC is “located”. Did you file by mail or online?

      1. Jan 1 will be your approval and effective date.
      2. This depends on where you listed the address on your Articles of Organization. Please fill out our contact form (https://www.llcuniversity.com/contact/) and send a copy of your Articles of Organization. You can scan it or take a picture with your phone and send.
      3. You should use the Albany address here.

      Let me know if you need anything else!

      reply
  2. Stephanie May 16, 2017

    Hi Matt!

    Your website and info has saved me a new entrepreneur so thank you!

    I have a quick clarifying question specifically with the LLP Request for Formation form. I have filed the LLC online and received an LLC/LLP Request for Information form. I am living in NYC and for publishing purposes, I am using a family member address in Suffolk County. I the form, I entered the Suffolk address in the Business address field (Part 1), my question is in Part 5 it, the form asks for business member information including home address. Since it’s an sole proprietorship, I’m the only member/filer in the LLC. Under home address, is this for publishing purposes? Meaning should I list my NYC address or the Suffolk county address?

    THANK YOU AGAIN for your help & the amazing info that you have available!!!

    reply
    • Matt Horwitz May 16, 2017

      Hey Stephanie! So glad to hear. You’re very welcome. The LLC/LLP Request for Information Form goes to the Dept. of Taxation and Finance, which is different than the Division of Corporations. In short, you can use any address you’d like. This Request for Information Form doesn’t have anything to do with the LLC newspaper publication requirement. I recommend using whichever address is best to receive mail.

      reply
      • Stephanie May 17, 2017

        Thank you so much Matt!! Really appreciate the quick response! Mailing the papers today!! So excited!

        Thank you again!

        reply
        • Matt Horwitz May 17, 2017

          Awesome Stephanie! You’re very welcome!!

          reply
  3. TUAN May 27, 2017

    Thank you so much for sharing such a helpful information Matt!

    reply
    • Matt Horwitz May 28, 2017

      You’re very welcome Tuan!

      reply
  4. Tuan May 27, 2017

    Matt,
    Should I give my actual LLC’s address or my Registered Agent’s address for receiving the Affidavit of Publication?
    Thank you!

    reply
    • Matt Horwitz May 28, 2017

      Hi Tuan, just to clarify, if you’re speaking about the address that you’re giving to the newspapers (usually via email) for where the Affidavit of Publication should be returned to when placing your newspaper ad (not the address in the newspaper ad itself), then you can use your actual LLC address.

      reply
      • Tuan May 28, 2017

        Yes Matt,
        So the address I put for the Ad on Newspaper is my Registered Agent which is located in Albany. However, I want the Affidavit of Publication goes to my actual LLC’s address which is located in Bronx, NY so that I can mail it to the State. I just wonder if that is okay to have company’s Ad in Albany, but Affidavit of Publication sent to Bronx.

        reply
        • Matt Horwitz May 30, 2017

          Hi Tuan, yes, you are correct. It is okay to have the Albany address in the newspaper, but have the Affidavits of Publication sent to the Bronx. Reason being is the address that you provide to the newspapers is private. You’re essentially telling the newspapers, “Please send the affidavits to this mailing address”. You’re not stating, “This is my LLC’s principal office address”. Having said that, if you feel more comfortable listing the Albany address in both places, that is totally fine. Your Registered Agent will scan and email the mail they receive from the newspapers (the Affidavits of Publication and the newspaper “snippets”) and then you can print them out and file that along with your Certificate of Publication. Meaning, you don’t need to file the original Affidavits of Publication with the state. Copies are fine. Hope that helps further clarify :)

          reply
          • Tuan May 30, 2017

            Thank you so much for your help Matt! Your website is really helpful for young entrepreneur like me. Hope you have great time, and good luck !

            reply
            • Matt Horwitz May 31, 2017

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

              reply
  5. Brian July 21, 2017

    Can we start our business activities before we make the publications? Or we have to wait for the 6 weeks ?

    reply
    • Matt Horwitz July 23, 2017

      You can start business activities right after your Articles of Organization is approved. You don’t have to wait for the newspaper ads to finish running.

      reply
  6. Chele November 1, 2017

    Hi Matt, I have a question about the address for mailing a service of process. I have a registered agent in Albany, and plan to use their address. The template ad does not reference an agent. Should I include the NAME of the registered agent in the ad? Or is that optional? Thanks in advance!

    reply
    • Matt Horwitz November 1, 2017

      Hi Chele, you’re hiring a Registered Agent, but there’s actually not a need to elect them as your Registered Agent in the filing of your Articles of Organization (the NY Secretary of State receives service of process by default, something unique in NY). So you are essentially hiring a Registered Agent in order to use their address for the Forwarding of Service of Process address (sounds like a riddle, doesn’t it lol!) not your actual Registered Agent. Having said that, if you filed your Articles of Organization with the Registered Agent listed in the “Registered Agent” section of the online filing, then you should include them in your ad. If not, then leave them out. You’ll see the ad text we provide mentions ‘NY SOS as Agent for Service of Process’. Hope that helps. Let me know if you need any more clarification.

      reply
  7. Ed January 2, 2018

    Great information regarding NY publishing fees. Question about an existing LLC that never published located in NY City which has a high publishing fee. Can the address be changed to Northwest Registered Agent then publish and file with the state? After publishing then change address back.

    Thanks for your help.

    reply
    • Matt Horwitz January 15, 2018

      Hi Ed, apologies for the slow reply. Yes, you are correct. You can change the county location of the office and the address to Albany, publish there, then change your address back. Hope that helps!

      reply
  8. Jay February 5, 2018

    Hello great information keep up the wonderful job!
    I want to know when Publishing with the newspaper daily and weekly. Dose the ad have to run once for 6 weeks Consecutively for both the weekly and daily newspapers?

    reply
    • Matt Horwitz February 9, 2018

      Thanks Jay! I’m not sure exactly how many days consistently the newspapers run the ads (it varies), but as long as you order with them, they take care of the legal requirement and will issue an Affidavit of Publication at the end of the run. Hope that helps.

      reply
  9. James February 5, 2018

    Hi Matt,
    I am forming an LLC in Monroe county. I hired an online service to be my registered agent before I found your website because I had the understanding that I needed to have one. Their address is in Brooklyn and I have to imagine that the newspaper fees will be higher there than here at home.

    I am now confused as to how I should proceed. Can I list the county as Monroe, the Service of Process address as my home, name a registered agent in Brooklyn, and then publish in newspapers in Monroe county?

    If I can publish in Monroe county would my news paper publication still state that process should be mailed to the address in Brooklyn?

    Thank you,
    James

    reply
    • Matt Horwitz February 9, 2018

      Hi James, as long as the SECOND article in the Articles of Organization (“SECOND: The county within this state in which the office of the limited liability company is to be”) states Monroe, you can publish there. Since you don’t need the Registered Agent, why not just not list them in your Articles of Organization? Better yet, why not call/email them and ask for a refund? And yes, your Service of Process address can be your home (which I’m guessing is in Monroe). You can just use your Monroe address in the newspaper ad as well (for the “SSNY shall mail copy of process to the LLC…” part of the ad). Hope that helps. Let me know if you have any followups.

      reply
  10. MC March 17, 2018

    I bought the NW Registered Agent, filed Article of Organization at NYS, got an EIN, and currently making LLC publication ads @ Albany. Now, I believe I need to get a Business Certificate at the county level… do I need to file @ Albany or @ my actual LLC county?

    reply
    • Matt Horwitz March 27, 2018

      Hey MC, apologies for the slower reply. For some reason our comment system filtered your message into the spam folder (I think it was because of the ‘at’ symbols). If you plan on changing your address back after your newspaper publication requirements are met, then I would file in the county where you’ll ultimately be changing your address to. Hope that helps.

      reply

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