Deregulate New York: Winners Reveal Albany Obstacles.

AuthorAcunto, Steve

Some weeks back in this space we hailed the advent of a new contest calling upon New Yorkers to identify obstacles that the State places in the path of businesses. Response was robust. The Empire Center has just announced the winners.

Chris Kendall of Madison County and Jacob Rieper of Columbia County are the DeregulateNY grand prize winners. Both nominated an antiquated state law requiring new limited liability companies (LLCs) to buy ads announcing a "notice of organization" for six weeks in two local newspapers, one weekly and one daily. This routinely adds several hundred to several thousand dollars to the cost of starting a business.

New York is one of a small handful of states that force would-be entrepreneurs to jump through this hoop. In the digital age, the publication requirement is a costly and out dated burden on people trying to earn a living and create jobs. Kendall's entry noted, "Anyone wanting to learn about a LLC would do an online search at the NY Secretary of State's [website], not do a newspaper archive search."

The first runner-up was Darren Goldstein of Suffolk County, who pointed out another section of the Limited Liability Company Law that requires LLCs to file biennial statements that include information already included on annual tax filings. In addition to the required $9 filing fee, businesses are also saddled with the cost of having the paperwork prepared.

Stephen Sadlon of Westchester County, was second runner-up, highlighting a section of Tax Law that requires professional tax preparers to pay a $100 fee if they prepare 10 or more income tax returns in a year.

Justin Graf and Brian Sharlow tied for third runner-up, uncovering an archaic provision in the Public Lands Law that requires property owners who discover...

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