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Certificate of Publication State of New York

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lucas991

Junior Member
What is the name of your state (only U.S. law)? NY

Hi all,

I am trying to open a business in New York. I was told that the best alternative is to file in the State of Delaware and then get a certificate of Authority in order to do business in NY.
So apparently I had to also get a certificate of publication, you know, publish a notice in two newspapers in the county where the business is located once a week for six consecutive weeks.
Does the business have to be located in New York state? Can I open a P.O. box with USPS in Chautauqua, publish in that county, and then move my business to NYC?
Please, help me out, I really can't spend 2,000-3,000 bucks on this worthless publication rule.

Thank you!

Lucas
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? NY

Hi all,

I am trying to open a business in New York. I was told that the best alternative is to file in the State of Delaware and then get a certificate of Authority in order to do business in NY.
So apparently I had to also get a certificate of publication, you know, publish a notice in two newspapers in the county where the business is located once a week for six consecutive weeks.
Does the business have to be located in New York state? Can I open a P.O. box with USPS in Chautauqua, publish in that county, and then move my business to NYC?
Please, help me out, I really can't spend 2,000-3,000 bucks on this worthless publication rule.

Thank you!

Lucas
No one here is going to help you circumvent the law because you don't want to follow it.
 

lucas991

Junior Member
That is exactly why I am asking the question. So would that be illegal? I am looking for legal ways for not paying 3,000 dollars. I am not trying to break the rules. The business I am opening is very small and a 3,000 fee just for the certificate of publication is too much for me.

Thank you,

Lucas
 

You Are Guilty

Senior Member
Shop around. Unlike people, not all papers were created equal.

(Back in my Family Court days, we would have to publish TPR notices quite a bit and I recall there being a significant difference between the prices among the local papers. As in 10x-20x different. We always begged the judge to let us use the "cheap" one, despite a lower circulation.)
 

lucas991

Junior Member
You are Guilty, thank you for your reply.
Shopping around New York county is still going to be expensive. Maybe I manage to get it for $1,000 versus $3,000 but that is still expensive for me. I am trying to see if I can do it in Albany for example, where it is way cheaper. I don't know what the big deal is when doing that. It is such a stupid rule and people like Ohiogal try to defend it... I follow the law but if there is a loophole, I will take advantage of it.

Thanks,

Lucas
 

Zigner

Senior Member, Non-Attorney
If you don't have $1k to put in to your "business", then you might want to rethink your "business"
 

Ohiogal

Queen Bee
You are Guilty, thank you for your reply.
Shopping around New York county is still going to be expensive. Maybe I manage to get it for $1,000 versus $3,000 but that is still expensive for me. I am trying to see if I can do it in Albany for example, where it is way cheaper. I don't know what the big deal is when doing that. It is such a stupid rule and people like Ohiogal try to defend it... I follow the law but if there is a loophole, I will take advantage of it.

Thanks,

Lucas
Laws are meant to be followed. If you disagree with the law, write your congressman. Until then, follow it. OR you will be back here whining that you screwed up and now the big bad state is picking on you.
 

lucas991

Junior Member
I am trying to clarify whether it would be illegal, or a loophole.

I can afford $1,000, but paying an extra 1,000 would hurt my return on investment, but I guess lawyers don't know much about that. Thanks for being so useful.

Lucas
 

Ohiogal

Queen Bee
I am trying to clarify whether it would be illegal, or a loophole.

I can afford $1,000, but paying an extra 1,000 would hurt my return on investment, but I guess lawyers don't know much about that. Thanks for being so useful.

Lucas
I know quite a bit about return on investment. Of course why you want to register as a CORP or whatever in Delaware instead of starting as a sole proprietor you have never explained. You have never stated what the BUSINESS is or why it needs registered.
 

lucas991

Junior Member
I didn't say that because it is irrelevant.
But first, I never said corp, I'm forming an LLC. I have a partner so it can't be a sole proprietorship.
I want want to form a legal entity to protect myself from any liabilities.
It is a food vending business.
A friend of mine with a similar business was advised by a lawyer to file in Delaware so I think I will do the same.
All these matters are irrelevant to answer my question but if you really want to know, there it is.

Thanks
 

LdiJ

Senior Member
I didn't say that because it is irrelevant.
But first, I never said corp, I'm forming an LLC. I have a partner so it can't be a sole proprietorship.
I want want to form a legal entity to protect myself from any liabilities.
It is a food vending business.
A friend of mine with a similar business was advised by a lawyer to file in Delaware so I think I will do the same.
All these matters are irrelevant to answer my question but if you really want to know, there it is.

Thanks
I think that your friend was given poor advice. The best way to protect yourself from liabilities is to carry adequate business liability insurance.
 

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