So I take the plunge and do go for the formalization of my small (one employee, ME!) business.

I have owned businesses before, always with a partnership of some kind and with plenty of cash not to notice . they were always Corporations (Inc) and it used to be a very straight forward process. Incorporate in Maryland (for tax purposes get an Employer Identification Number EIN usually just one call to some agency in DC and there it was you were in business.

At some point both the Federal and Satae government decided to make thi as complicated as possible , making it lamost imposible for someone with very little cash get running.

I have no idea what was wrong with the previous but since 2006 the small – let’s call it TINY- buisiness owner is pummeled by bureaucracy, blatant cash generators and onerorus rules that actually discourage ANYONE from doing business – at least in the state of New York.

By the way you go through this si you can have a bank account ! - so let’s keep tabs on the DNA of this process.

Technically you can file all your papers yourself , now if you don’t have a law degree those “ “Readily available forms on pdf format downloadable from some government web site for your convenience ” are designed so you can NOT fill them out , you need a pro.

So you google and find a company that will do your LLC .

This LLC thing has its advantages and disadvantages but they are not realy quite clear on ANY government website , and the people who will do this for you although a little more explicit they still leave you with the “ But it is all up to you “

It is like a doctor saying.

“I am going to do brain surgery on you , now I can use the XDB4 laser, or the brand new iridium scalpel with the self cauterization adjustable polycololniatae. But it is up to YOU!

Give me a BREAK!

The two major difrences on LLC is that on one you can use your own social security number as the EIN or buy oem from the federal government . the pros and cons of one over the other are as obscure as election rules in some 3^rd world country. ( and OURS are not ALL THAT simple)

So just on the matter that I rather not mix my personal SS # with a business , regardless that apparently it will be easier to manage. I go for the EIN.

You hired a company to do this for you for the reasonable amount of $558.00 , NO hidden costs . AND…. You get a binder and your own dry seal ! WOAH!

Ten days letter an envelope arrives 2 day delivery ( althouth you went for the extra $29.00 for EXPRESS service.

And you have you NY State Department of STATE (sortta redundant aint it ?) certificate showing the $225.00 you had to pay in order to be able to pay taxes to NYS. And OPEN A BANK ACCOUNT.

Also the DEPARTMENT OF THE TREASURY (yeah the same department that screwed up our economy) sends a two page letter with you EIN and if you understand an item or rule in this form you are a VERY intelligent person.

BUT . in BOLD letters they say . and I paraphrase “If you loose is letter you are up the creek , cause we aint giving you another , capice?”

I am TRYING to set up a business with all the accounting , inventory , marketing , insurance that goes along with it so I chose , I will read THAT , when I have 4 hours to kill.

So .. now I am ready to shoot out the door and open my bank account , which must be opned with at least $5,000 otherwise you pay some initial processing fees and a monthly 39.00 charge so you can cash checks made out to your fledging company –that is if you ever sell anything! –

As I check my morning email, I find this disturbing news applicable to New YorkState.

Congratulations on the formation of your new business entity.

The state of New York has a post incorporation requirement that your new company is required to publish a notice of incorporation within a specified period of time in order for your business formation to remain in good standing.

Effective June 1st, 2006 New YorkState law requires all newly formed companies to comply with the amended section of the publication law. Failure to comply may cause the suspension of your company's ability to conduct any activity in the State of New York.

Section 206 of the New York Limited Liability Company Law sets forth a requirement that "each New York LLC, LLP, LP or PLLC must publish a detailed notice in two separate newspapers of the County in which the LLC's office is located. The notices must run once per week for six weeks." Additionally, an Affidavit of Publication must be filed with the state once the publication requirement for your company has been met.

The publication requirement is a post formation compliance measure that exists in several states, including yours. Because your time is valuable IncFile.com has partnered with Publication Express (http://www.publicationexpress.com) to offer an exclusive price that will assist you in the completion of this legal requirement.

Publication Express is the industry leader in assuring that new businesses meet these state mandated publication requirements. Publication Express provides a turnkey key solution at an exceptionally competitive rate, and they will handle the entire process for you, from start to finish.

Thanks to our partnership with Publication Express, we can offer our clients a $25.00 discount off the total price of any order placed with Publication Express.

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New York information:
http://www.PublicationExpress.com/new-york-publication-requirement/

UH? Is anyone seriously thinking of the tiny buisiness person who just want to make a living ?

How this onerous , arbitrary , ridiculous piece of legislation get to be law ? Who voted for this , what is the purpose , Six weeks , two “County” newspapers.

How do they swing this at you POST formation compliance? Who is being protected here ,. Is this conducive to a thriving economy or does it only serves to throw some cash at the newspaper industry, which will eventually be taxed by the State of NY.

The cost for this is over $1,200 ! for the ads and you still do not know what papers qualify and what the hell it is youre supposed to say. Now for a $300 charge the aforementioned company will take care of this for you – there you go give some more money to the lawyers.

We have gone utterly mad, they are squizzing the laast ounce of cash, patience and energy out of us . They do NOT trust you will succeed hence the collect their bounty even before you get off the starting line .

It is a disgrace and the states that require this ridiculous expense, should be flogged by the Federal Government. But it will not happen . No one in government wants you to succeed , it makes absolutely no effing sense but the walls are there and YOU , the person who is trying to get off the $405.00 a week unemployment check with that generous $25.00 extra thrown in is expected to have HOPE?

How have we destroyed the spirit of entrepreneurship? Why is the government more eager for you to declare bankruptcy and go on welfare?

Can SOMEONE , ANYONE read this and tell me where it makes sense?