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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
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Experience:  30 years of corporate, litigation and international law
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I need to publish my LLC formation notice in 2 newspapers in

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I need to publish my LLC formation notice in 2 newspapers in New York for 6 weeks,and want to use the absolute most condensed possible text to save money, but still be legal. I want someone to review the text I've created to make sure it will pass muster (about 50 words).
If you know what is to be included in the notice, then put your draft notice in the response and I will review it.
Customer: replied 7 years ago.
OK. FYI, here is, I believe, the applicable law: http://law.onecle.com/new-york/limited-liability-company/LLC0206_206.htmlMy initial version (based on another notice done by a law firm) was this:Notice of Formation of xxxxxxxxxxx Purpose: any lawful activity.Then I tried to shorten it further and came up with this, which I would like to use, unless it will create problems for me later. Or, if you can shorten it even further, let me know. Notice of Formation of xxxxxxxxxxxxxx. Art. of Org. filed Sec'y of State (SSNY) 10/28/09. Office: Dutchess County. SSNY designated as process agent. Process address: xxxxxxxxxxx. Purpose: any lawful activity.This whole requirement is archaic and has only been maintained through lobbying by the newspaper companies that profit from it (in my opinion).My thought is, if anybody ever tried to invalidate my LLC (and how likely is that?) they're not going to get a judge to throw out my company because I abbreviated or shortened the text of my publishing notice, as long as all the relevant info is there, and any normal person could figure out which part is which.But then, I'm not an attorney, I'm a software architect, and we like things concise...Thanks for your help!-- Charlie

Edited by Maria-Moderator on 12/4/2009 at 3:17 PM EST

Here are the 7 things your notice must contain.

 

(1) the name of the limited liability company; (2) the date of

filing of the articles of organization with the department of state and, if the date of formation is not the date of filing of the articles of organization, the date of the formation of the limited liability company; (3) the county within this state, in which the office of the limited liability company is located; (3-a) the street address of the principal business location, if any; (4) a statement that the secretary of state has been designated as agent of the limited liability company upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her; (5) if the limited liability company is to have a registered agent, his or her name and address within this state and a statement that the registered agent is to be the agent of the limited liability company upon whom process against it may be served; (6) if the limited liability company is to have a specific date of dissolution in addition to the events of dissolution set forth in section seven hundred one of this chapter, the latest date upon which the limited liability company is to dissolve; and (7) the character or purpose of the business of such limited liability

company.

 

You do not have your registered agent unless you appointed the Secretary of State as your registered agent, nor the street address of your principal place of business. I assume there is no date of dissolution.

Customer: replied 7 years ago.
OK, I guess I was looking at the old version of the law. The articles of organization require that the secretary of state be designated as the agent for service of process. There's no other agent, is there? How does this new version look (see below)? Is this too abbreviated? Will that cause any problems? Also, is "any lawful activity" actually OK to use, or must I specify more precisely the nature of my business (which happens to be internet sales)?Thanks for your help!-- xxxxxxxxxxx of Formation of xxxxxxxxxxxxxxxxxx

Edited by Maria-Moderator on 12/4/2009 at 3:17 PM EST

I made a few changes that make it work.

 

Notice of Formation of Property Tax Database LLC. Art. of Org. filed Sec'y of State (SSNY) 10/28/09. Principal Office: 7472 S Bway Red Hook NY, Dutchess County. SSNY designated as process agent. Process Service address: PO Box 250, Red Hook, NY. Purpose: any lawful activity.

 

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