Legal Question in Business Law in New York

LLC - requirement to publish in NYS
I am considering the formation of an LLC in NYS, operating in New York City. There is conflicting information as to whether it is required to publish, prior to filing the articles of organization. From all I read, it was determined by a lower court that the requirement to publish is unconstitutional, however, some attorneys in NYS suggest publishing, some do not. This becomes a cost issue, in that the cost to publish in NYC can exceed $1000 for 6 weeks. Do I expose myself to any risk and/or invalidate the purpose of the LLC by not publishing.

Asked on 3/07/02, 1:46 pm

Norman Nadel Norman Nadel, Esq.

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Re: LLC - requirement to publish in NYS

Tough question. Justice Alice Schlessinger has been overuled in the past and my guess is her decision will be reversed on appeal.

Failure to publish is not fatal to the LLC and it may be appropriate to defer publishing the notice until the appeal resolves the issue.

Be prepared to spring for the roughly $1,000 if you form the LLC.

Answered on 3/07/02, 3:02 pm

Sarah Klug Law Office of Sarah Scova Klug PLLC

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Re: LLC - requirement to publish in NYS

I think the risk in not publishing just isn't clear right now, so I would play it safe publish the legal notices.

Answered on 3/11/02, 2:20 pm

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