When you form an LLC in New York, you’ll need to publish legal notices and obtain affidavits from two different newspapers in the state. The process is a bit grueling, especially considering most states don’t require publication at all. But there are ways to save time and costs.
What is an affidavit?
Legally speaking, an affidavit is a sworn or affirmed written statement presented to a person who’s authorized to verify it. In the case of an LLC, newspaper publication fulfills this requirement.
How do I get affidavits for my New York LLC?
To get affidavits for your NY LLC, you’ll need to submit business listings to two New York newspapers within 120 days of formation. You’ll definitely want to do a bit of research before publishing in any ol’ newspaper, since the cost of publishing legal notices varies substantially across the state.
For example, publishing in Albany rather than New York City may save you hundreds of dollars. Check out our free New York LLC Publication Guide for more information, and publishing options.
What does my NY LLC legal notice need to include?
While legal notices follow a standard format, NY LLC Law Ch. 34, Article 2 § 206 includes information on what you’ll be asked to provide. It includes:
1. Name of LLC
2. Date of formation
3. County of your LLC’s office (including street address of principal business location, if applicable)
4. Statement designating the NY Secretary of State as an agent of the LLC
5. Registered agent name and address
6. Date of dissolution (if applicable)
7. Purpose of LLC
Do I need affidavits as a foreign LLC in New York?
Yes. Whether your business is brand new, or an established brand filing for foreign qualification in New York, you will need to publish legal notices in two newspapers.