Affidavit for Publication requirements for a New York LLCA Domestic New York LLC and a foreign New York LLC must publish in two newspapers in the county of the principal office address.
A lot of businesses in New York City will file the initial information with our Albany registered agent office listed as the principal office address on paper, and then file an amendment for $60 or a certificate of change for $30 with the New York Department of State. (All forms are in your online account) Changing to their New York City office address after the publication is completed. There is nothing in the statute as of 9-1-2010 requiring anyone to re-publish if a change to any information was made. Even more of a hassle? Yes, but the whole publication process is insane! It’s such a burden on new businesses. If anything, make them publish after 5 years, when they have some money. For those of you not wanting to pay a New York City newspaper $1,000 to get your business started, you can hire Northwest as your registered agent for $125. Then pay the Albany County newspapers roughly $100 to publish. Then 6 months from now, pay the state an additional $30 to file the certificate of change. These certificates of change and amendments are in your online account immediately after signing up for service. If you would like to look at the publication code yourself, you can view it under section 206
To add to the further confusion of New York LLC publishing, the statute reads that basically if you don’t fulfill your publication requirements, you have no authority to run and operate your LLC in New York… But it goes on to state that the members will not lose their liability protection if there was no publication, contracts are still in force, and "right of such limited liability company to defend any action or special proceeding in this state," will not be lost… One could interpret that, the NY LLC can still engage in court even if it is not technically in good standing. Furthermore, we have clients that have never published and show "active" on the state website, and continually order and obtain certificates of good standing without ever filing the publication. The whole thing seems un-monitored, vague, contradictory, useless, confusing, pointless, counter-productive, and a big waste of time. But if you don’t want to waste a bunch of money, you at least have some options.
We have offices in all 50 states, and can serve as your registered agent in New York, Delaware, New Jersey, and any state. We provide online tools to monitor your entity, we track your annual or biennial report dates, we upload all documents received locally into your online account immediately, we charge a flat rate of $125 a year, and you can always get in contact with us.
Northwest Registered Agent, LLC.
Albany, NY 12207