Do You Need to Publish Your LLC in NY?

Do you need to publish your LLC in NY?
Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC.
Read more on dos.ny.gov

Starting a business can be stressful, particularly when it comes to the procedures and requirements of the law. Publication of a notice of creation in two newspapers is one of the prerequisites for establishing a Limited Liability Company (LLC) in New York. In this post, we will examine whether you must publicize your LLC in New York as well as other questions relating to this requirement, which is frequently unclear for many business owners.

In New York, do you have to publish your LLC?

Yes, you must register your LLC in New York. All LLCs must issue a notice of creation in two newspapers, one daily and one weekly, in the county where the LLC is located, according to the New York State Limited Liability Company Law. Within 120 days of the LLC’s establishment, the notice must be published for six weeks straight and a Certificate of Publication must be submitted to the New York Department of State. The State may suspend or revoke your LLC’s ability to conduct business if you don’t adhere to this criterion.

UPS is able to act as a registered agent.

Yes, UPS is qualified to act as your LLC’s registered agent in New York. A registered agent is a person or organization chosen to accept legal documents on your LLC’s behalf. The registered agent must be accessible during regular business hours to receive legal papers and have an actual street address in the state where the LLC is situated. UPS provides mailbox services that provide you a real street address that you can use as your LLC’s registered agent location in New York.

Can I Serve as a Registered Agent using a UPS Box? No, a UPS box cannot serve as your LLC’s registered agent in New York. The registered agent must have a physical street address in the state where the LLC is located, according to the New York State Limited Liability Company Law. A UPS box cannot serve as the registered agent address for your LLC in New York since it is not considered a real street address.

Do I Require Legal Counsel to Form an LLC?

No, a lawyer is not required to form an LLC in New York. By adhering to the instructions provided by the New York State Department of State, you can create and submit the required paperwork on your own. To make sure you adhere to all legal requirements and prevent costly mistakes, it is advised to seek legal counsel from a lawyer.

In New York, how is an LLC taxed?

In New York, an LLC may be taxed as a corporation or as a pass-through organization. The LLC will be taxed as a single proprietorship or a disregarded company if there is only one member. The LLC will be taxed as a partnership if it has two or more members. However, by submitting Form 8832 to the IRS, an LLC can also choose to be taxed as a corporation. In New York, the personal income tax rate can range from 4% to 8.82% depending on income level, while the corporation tax rate is 7.1%.

The State may suspend or revoke your LLC’s ability to conduct business if you fail to comply with the legal obligation of publishing your LLC in New York. The registered agent for your LLC may be UPS, but the registered agent address cannot be a UPS box. Although it is not necessary to consult a lawyer in order to form an LLC, it is advised to do so to make sure that all legal criteria are met. Depending on the structure and choice made by the LLC, it may be taxed in New York as either a pass-through organization or as a corporation.

FAQ
How long does it take to get an LLC in NY?

Getting an LLC in New York normally takes 2-3 weeks for processing online and 4-6 weeks for mail-in applications. However, depending on the workload of the NY Department of State, the actual processing time may change.