2019 New York International Auto Show

The 2019 New York International Auto Show (NYIAS) makes its return to the Jacob K. Javits Convention Center this Friday. From coupes to sedans, SUVs to trucks, new vehicles to future concept cars, the New York International Auto Show is a showcase for nearly 1,000 vehicles spread across four floors of the convention center and offers a look at some of the latest technologies and innovations from automakers around the world.

From walking the show floor and exhibit halls to getting into vehicles for a hands-on, look & feel experience to participating in a ride-along or test drive (ex: Camp Jeep Ride & Drive), the New York International Auto Show is a fun and enjoyable event for auto enthusiasts, individuals and families alike and a great way to spend a few hours of your day.

NYIAS starts on Friday, April 19th and runs through Sunday, April 28th with an opening ceremony taking place on Saturday, April 20th from 8:30am to 10:30am. The event is open to the public, but you do need to purchase tickets for the event available on the New York International Auto Show website.

For me, it’s always fun heading to the auto show to check out some of the latest vehicles coming to market, the emerging technologies and innovations in the industry and seeing some of the concept cars in development. I also like the hands-on experience. Having the opportunity to get into vehicles from a variety of automakers and get an up-close look & feel. It’s a great opportunity to check out different vehicles (cars, SUVs, trucks) which you might not ordinarily do unless you are in the market to buy or lease a new vehicle. Of course, what’s an auto show without a sense of nostalgia seeing some of the vintage classics on display.

I’m looking forward to checking out the new vehicles at this year’s NYIAS.

Check out the short video I created last year walking the convention floors of the 2018 New York International Auto Show.

“There’s more in the making” . . . Apple announces October 30th Special Event

Credit: Apple

Credit: Apple

A day before pre-orders began for Apple’s all-new iPhone XR, Apple announced a highly rumored and anticipated October Special Event last Thursday. The Special Event will take place in one week on Tuesday, October 30th at the Brooklyn Academy of Music’s Howard Gilman Opera House in Brooklyn, New York. The event will begin at 10am ET (not PT) and will also be live streamed on Apple’s website.

There have been quite a few rumors about what Apple might showcase at its event next week including new iPad Pros featuring a thinner bezel, Face ID support and the move from a lightning connector to USB-C, a new lower cost replacement for the MacBook Air, a possible refresh for the MacBook and a refresh of the Mac Mini and/or possibly a pro-level Mac Mini.

Will AirPower finally make an appearance or will we at least get an update on its status? Apple first announced AirPower last Fall; however, we have heard little about it since then. Apple also announced that a new wireless charging case for the AirPods was in the works, but it too has yet to make an appearance. A second generation of the AirPods is supposedly in the works as is a second generation Apple Pencil, both of which could be announced at next week’s event.

We’re just a week away from Apple’s October Special Event so stay tuned!

Forming an LLC in New York? Don’t forget the Publication Requirement!

If you decide to go into business for yourself, you’ll eventually want to form a legal business entity. A common type of entity for startups and small businesses is the Limited Liability Company or LLC. LLCs are easy to form and don’t have as many requirements as Corporations.

A single member LLC is typically treated as a disregarded entity for tax purposes and a LLC with two or more members is treated, by default, as a Partnership unless an election is made to tax the entity as a Corporation (either as a C-Corp or sub-chapter S). If you are unsure about the type of legal business entity you should form, seek counsel from a business attorney and/or a CPA. These professionals can help you make the best choice for your specific business requirements.

Once you determine the type of legal business entity you should form, there are various ways you can go about forming the legal business entity. A business attorney or law firm can help you do the necessary filings with the appropriate state agency, usually your state’s Department of State. You can also use companies like LegalZoom.com, IncFile.com etc. to do the proper filings for you. Companies like LegalZoom.com and IncFile.com will typically prepare and file the necessary documents for a service fee with add-on services available a-la-carte. If you don’t have a complex situation, using LegalZoom.com, IncFile.com and the like can be a cost-effective option. However, in more complex situations, seeking a business attorney or law firm is highly recommended.

That gets us to the actual topic of this post which is the obscure requirement in New York referred to as the LLC Publication Requirement.

So, what is the LLC Publication Requirement?

Well, according to New York’s Department of State, Division of Corporations, State Records and UCC:

“Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.”

What you may not realize is that companies like LegalZoom.com, IncFile.com and the like typically DO NOT handle the Publication Requirement as part of their service fee nor do they offer an add-on service to handle the Publication Requirement. Some companies do indicate on their site that they do not handle the publication requirement, but it may take some digging around to find the information.

BetterLegal.com does appear to handle the Publication Requirement for you provided you designate them as your Registered Agent, but you do need to dig around their site to find the information. USACorpInc.com is another company that will handle the Publication Requirement for you without being designated as your Registered Agent. They have a link right on their homepage navigation bar for “NY LLC Publishing.” If you don’t mind the work and you’re looking to cut third-party costs, you could opt to take care of the Publication Requirement yourself. Depending on what county in New York your LLC is located, the cost to publish in the required two newspapers will vary. For instance, running ads in Manhattan newspapers may cost $1000-$2000 whereas running ads in newspapers located in upstate New York may cost a few hundred dollars.  

There are exceptions to the LLC Publication Requirement for theatrical production companies:

“A limited liability company that is a theatrical production company is exempt from the publication requirements provided the words "limited liability company" appear in its name. Also, a limited partnership that is a theatrical production company is exempt from the publication requirements provided the words "limited partnership" appear in its name. See Section 23.03 of the Arts and Cultural Affairs Law.”

So what happens if you don’t comply with the Publication Requirement?

According to New York's Department of State:

“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.

Note that at any time following the suspension of a limited liability entity's authority to carry on, conduct or transact business, the limited liability entity may file the certificate of publication with the affidavits of publication of the newspapers annexed thereto, at which time the suspension of such limited liability entity's authority to carry on, conduct or transact business shall be annulled.”

While there aren’t any fines or financial penalties from failing to comply with the LLC Publication Requirement, suspension or annulment of a LLC’s authority to conduct and/or operate its business in New York can create potential headaches for your business down the road.

The New York State Senate has circulated several Senate bills over the years to update/amend the law with regards to the LLC Publication Requirement, which can be a burdensome cost to startups and small businesses. Until the day the New York State Limited Liability Company Law is updated/amended to remove the Publication Requirement, if you plan to form an LLC in New York, bear this requirement in mind.

Just a side note . . . if you operate a LLC in New York that was formed in another state (aka a Foreign Limited Liability Company or Foreign LLC), you are NOT exempt from the New York LLC Publication Requirement as per Section 802 of the New York State Limited Liability Company Law which reads:

“Section 802 of the New York State Limited Liability Company Law requires that within 120 days after the filing of the application for authority, a foreign limited liability company (LLC) must publish in two newspapers a copy of the application for authority or a notice related to the qualification of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the application for authority. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.”