Legal Question in Business Law in New York

LLC formation -- the need to advertise in publications

Hello,

I was told that by some that I have to advertise in two local newspapers in order to make the formation of LLC totally legal -- one being the NY Law Journal and the other being at the choosing of the county clerk.

Another person told me that this law recently changed and that I do not need to advertise anymore to be legal..

Could someone please shed light on this for me and tell me which is the correct legal advice? NY Law Journal charges about 900 dollars for the ad and the other publication will most likely be more. I'd like to get out of paying this if it is not absolutely necessary or if there is a cheaper way of advertising... like online perhaps?

thanks for your help and/or any advice you can provide me.

--name removed--Rhee


Asked on 6/21/05, 12:21 pm

3 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: LLC formation -- the need to advertise in publications

As far as I know you must advertise in New York County; the Law Journal and another paper.

Check by calling the New York County Clerk.

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Answered on 6/21/05, 12:25 pm
Meyer Silber The Silber Law Firm, LLC

Re: LLC formation -- the need to advertise in publications

As of today, you must publish, but in the county where the LLC told the Sect'y of State it would be. If you are in NY county, you must use the NYLJ. In other counties you do not.

Your confusion about publication stems from an old case where the judge said publication was not constitutional. That is not the case today.

If you do not publish, the LLC exists, just is deficient.

Please contact me with any other questions. We pride ourselves on working with small businesses and I invite you to look at www.thesilberlawfirm.com.

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Answered on 6/21/05, 1:00 pm
John Friedman Law Office of John K. Friedman

Re: LLC formation -- the need to advertise in publications

The import of the deficiency is that an LLC in that situation cannot avail itself of the NYS courts as a plaintiff (but can always defend itself -- one of the reasons the law was upheld as constitutional). However the deficiency can be resolved at any time after filing of the organizational documents. This is, therefore, really only an issue when a statute of limitations is about to run out on a claim.

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Answered on 6/21/05, 1:11 pm


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