Effective
June 1, 2006, all Affidavits of Publication submitted for filing must include a
Certificate of Publication. The two Affidavits of Publication of the newspapers
must be attached to the Certificate of Publication. Notices published by limited liability entities now must include information regarding the address, if any, of the "principal business location" of the limited liability entity.
Notices must still be published in two newspapers, once each week, for six consecutive weeks.
One newspaper must be "printed daily" and the other "printed weekly."
Limited liability entities that are formed or authorized to do business in New York after June 1, 2006, which fail to comply with the publication requirements within 120 days after their formation or qualification will have their authority to carry on, conduct or transact any business suspended.
Chapter
767 of the Laws of 2005 includes amendments to the Limited Liability Company Law
and Partnership Law regarding the publication required upon the formation or
authorization of domestic and foreign limited liability companies, limited
partnerships and limited liability partnerships (hereinafter referred to as
"limited liability entities"). The law becomes effective on June 1, 2006.Chapter 44 of the Laws of 2006, also effective June 1, 2006, provides further amendments to the Limited Liability Company Law and Partnership Law regarding publication requirements for limited liability entities. The amendments provided by both laws related to filing the proof of publication.
Limited
liability entities which were formed or authorized prior to June 1, 2006, are
deemed to have complied with the publication and filing requirements in effect
prior to June 1, 2006 if:(i) the entity was formed or authorized on or after January 1, 1999 and prior to June 1, 2006 and the entity filed at least one affidavit of the printer or publisher of a newspaper at any time prior to June 1, 2006, or
(ii) the entity was formed or authorized prior to January 1, 1999.
Limited liability entities formed or authorized to do business in New York prior to June 1, 2006, that have not been deemed to be in compliance with the publication and filing requirements, are statutorily required to fulfill the publication requirements in the manner required by law prior to June 1, 2006. Failure to complete such publication requirements within 12 months of the effective date of the law will result in the suspension of the limited liability entity’s authority to carry on, conduct or transact any business.