

Ask HN: Can you reduce New York LLC publication fee by using a registered agent? - drc

I have a question around creating a LLC in New York City centered around the publication requirement of LLC's in New York state. This publication requirement means if your LLC is registered in New York City you pay approx. $1,000-$2,000 in fees to newspapers.
The key question is can I use a registered agent to meet the publication requirement in a location outside the city of New York but in New York state thus avoiding the higher newspaper fees of New York city. Then change the address to "real address" of the business to the location in New York city.<p>I'm looking to use this service: http://www.northwestregisteredagent.com/new-york-llc-publication.html<p>Is this approach legitimate? Has anyone else used this service?<p>Situation
- Company business will be publishing mobile apps - iOS &#38; Android
- 1 person company - no employees
- Will not be seeking investment or partners
- Lives in New York City (Brooklyn)
- Will be writing the software in New York City<p>Why I've chosen LLC
- Not having to publish under my own name in iOS store
- Liability protection afforded to me by LLC (realize this is a small risk in app publishing, but I'm risk adverse)
- Appears to have the least paperwork for any legal entity providing me with limited liablility<p>My research shows
To setup an LLC in New York (as single member LLC) I need to:
- Pick a name not in use for LLC
- File articles of organization + operating agreement (online) - $200
- Publish in 2 news papers, one daily, one weekly (desigated by the County Clerk) for 6 weeks in the county where business will be (in my case Brooklyn/Kings County) - approx. $1,000 - $2,000
- File Certificate of publication (received from newspapers) after 6 weeks  - $50<p>There doesn't appear to be any rule in the law around publishing that says you have to republish if you change address:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&#38;QUERYDATA=$$LLC206$$@TXLLC0206
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gee_totes
Yes, IANAL, but I have incorporated an LLC a few times in NY myself.

I live in Queens, and the LLC was incorporated in Queens, and our publishing
fees ran about $1200.

Best to find a registered agent in Albany or somewhere with cheap newspapers
and incorporate there.

But an even better plan is to go over this with your accountant, b/c where you
initially incorporate may change your taxes, etc. Plus your accountant will
know a heck of alot more about structuring an LLC for taxes, etc, than you.

Or another plan is to just incorporate now, forget about doing the LLC
registration (you have 180 days legally), and hopefully make enough money off
your app to pay the incorporation costs.

If the app busts, just close down the company and be happy you took advice
from some random guy on the internet who was not a lawyer and saved you
$1,000-$2,000.

I don't know anything about these northwest registered agent people other than
that they are good at SEO.

But seriously, the best thing to do is talk to your accountant.

~~~
drc
Awesome thanks. In retrospect would you have gone the registered agent route?
Do you have a recommendation for an accountant? I don't have one, just moved
to NYC. Also what would they charge to answer a question like this (understand
you may not be able to answer the $ part)

~~~
gee_totes
Possibly I would have gone the registered agent account, as long as the price
was close to how much it would cost to register it myself, and the registered
agent was someone recommended to me personally (not found on the internet).

I've found that many registered agents will also send you a bunch of crap
(official letter heads, a seal stamper, binders with your company name) and
then charge you $500 more for their service vs. doing it yourself.

For NYC, I would recommend Dmitriy at www.dgatax.com. The consulting fee to
sit down and talk won't be very much (I'm thinking $50-$100).

~~~
drc
Thank you, I was thinking of just using the registered agent to allow me to
publish in Albany country instead of Kings county.

According to their website (NorthWest Registered Agents), you can publish in
Albany newspapers for a total of approx. $95. That would save me approx. $900.

Their fee for this is $125.

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codegeek
From what I know, you can be the registered agent for your own business as
well. I recommend talking to a CPA in New York who can discuss your case.
These things are complicated and I can tell you being an S-corp owner.

~~~
gee_totes
+1 for talking to an accountant. If I had talked to my accountant when I
started my business, I would have saved myself money and time!

~~~
codegeek
definitely. Also it is very important to talk to a good accountant who handles
your specific cases. When I incorporated intially, I used an accountant who
even though helped with the paperwork, did not advise the right structure etc.
for business based on _my_ individual case.

------
debacle
Those publishing fees are extortion! I complained when I had to pay $150
(Upstate NY).

Also, IANAL, but I have received indication in the past that an LLC with a
single member is at times treated differently when the shit hits the fan than
an LLC with two or more members.

