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  1. #1
    Join Date
    May 2008
    Location
    NYC
    Posts
    1

    Default Where To Publish A Public Notice

    My question involves business law in the state of: I just started a new LLC and I have 120 days to post up my corporation in two newspapers in my county. I don't know if there are any specific newspapers that are designated to the county, which is New York. Who am I supposed to contact or is there a list of designated newspapers for each county online? any information will help?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Help With Public Notice

    You can try asking the County Clerk if they can identify the acceptable papers. Or you can share the name of the county to see if somebody here can help.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Where To Publish A Public Notice

    I formed an LLC in New York City, and I was told by my attorney to publish in two papers with circulation in the County in which the business operates.

    In Queens County, for instance, I find quite a number of ""LLC Formation notices" printed not in the large circulation papers such as the NY Times (most expensive), Post or Daily news, but the "free" ones that you find given away at bank lobbies, or dropped on your doorstep, such as the Chronicle, Tribune.

    There's several publishers in Queens County where I live that publishes small local papers, as an example:

    http://www.queensledger.com/home.asp?PID=1

    And when I read these, I find that many of them are filled with notices on LLC formations. Go to the local library, and you'll find many of these free local papers are available, and call them to find out the rates. I used to advertise in these, and I find the rates much more affordable than the large circulation papers.

    In fact, while I don't get much of the local "Pennysavers" anymore, I've even seen "LLC formation" notices in them too.

    As a matter of fact, publication is a BS thing, as the only consequence is you can't sue anyone in court unless you filed some certificate that you published. I was told I can publish at any time, up to the point that I plan to sue someone. I have an LLC, and have not published. At the time I formed it, the requirement was fought in the state courts, and temporarily waived. Since the procedure is you publish, file a certifiacate that you published, then the whole point of the excercise is to find the cheapest medium, and if it is the Pennysaver, so be it.

  4. #4
    Join Date
    Nov 2005
    Posts
    106

    Default Re: Where To Publish A Public Notice

    Quote Quoting SChinFChin
    View Post
    I formed an LLC in New York City, and I was told by my attorney to publish in two papers with circulation in the County in which the business operates...

    ... but the "free" ones that you find given away at bank lobbies, or dropped on your doorstep, such as the Chronicle, Tribune...

    ...As a matter of fact, publication is a BS thing, as the only consequence is you can't sue anyone in court unless you filed some certificate that you published..
    Be careful about this advice it could get you into trouble.

    1. You don't get to choose which paper to publish in the Clerk of the Court in the county you register will tell you where you have to publish. As stated on teh NY State website "The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication.
    Source :http://www.dos.state.ny.us/CORP/llccorp.html

    2. The consequences are not that you can't sue but that your business technically has no legal right to carry on or do business. I would therefore be more concerned about liability protection (probably the reason you registered as an LLC in the first place) if YOU are sued than if you can actually sue someone else.

    "If you fail to comply with the LLC publishing law within 120 days of formation, the authority of your limited liability company to carry on, conduct or transact any business in NY state shall be suspended, effective as of the expiration of such 120 day period."

    3. It does state that "The suspension will be annulled upon the filing of the Certificate of Publication, even if filed late." but who knows how that impacts if you have been sued.

    The whole requirement is absolutely ridiculous and discourages people from registering in NY. The irony of course is that NY state has a whole NY Loves Small Biz campaign (although their website has been "down for maintenance" for months) which is clearly not the case when they pass silly laws like this.

    If you really hate this law call your representative in the New York General Assembly right away. There is a bill that was introduced recently that would repeal this requirement and create an electronic registry that would keep all the records and would only cost $50 (the existing registration fee). So go find your rep: http://assembly.state.ny.us/mem/ then tell them to support Bill #AO4496 http://www.assembly.state.ny.us/leg/?bn=A04496

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