NY LLC Publication Requirement in 2023 – (Certificate of Publication)

When you form a limited liability company (LLC) in New York, the state requires you to publish a notice of your formation in two newspapers. The publication must happen within 120 days of your LLC being formed, and it must be done in the county where your LLC has its principal office.

According to the New York LLC publication requirements, you must publish the following information in 2 local newspapers (one daily and one weekly) for consecutive 6 weeks:

  • The name of your LLC
  • The date of filing with the Department of State
  • The county in which your LLC has its principal office
  • The name and address of your LLC’s registered agent

After you’ve published the notice, you’ll need to file an Affidavit of Publication with the Department of State. The Affidavit must be filed within 10 days of the last publication date and include a copy of the notice as it appeared in the newspaper.

To avoid these problems, make sure you comply with the New York LLC publication requirement. It’s a simple process that will give your LLC the legal protections it needs to thrive.

What is New York LLC Publication Requirement

According to the New York State Limited Liability Company Law, Section 206, the New York LLC owners must publish a copy of the articles of organization or a notice related to the New York LLC formation in two newspapers. The publication must be made within 120 days after the effectiveness of the initial New York articles of organization.

The publication requirement is designed to give notice to the public that your LLC exists and is doing business in New York. It also provides notice of your LLC’s contact information in case anyone needs to serve legal process on your company.

The publication requirement is just one of the many steps you’ll need to take to form your LLC in New York. For more information on starting an LLC in New York, check out our complete guide.

This article provides information on: 

  1. What is the New York LLC publication requirement, 
  2. How to publish LLC in a newspaper,
  3. The NYS LLC publication example, 
  4. How to Save Money on New York LLC Publication
  5. Cheap LLC Publication in New York
  6. LLCs that are Exempted From Publication

How to Publish LLC in Newspaper

After filing your New York Articles of Organization with the New York Department of State, you must fulfill the New York Publication requirements. 

For that, within 120 days after initial LLC filing, you need to make LLC publication once a week in two newspapers (one daily and one weekly) for six successive weeks.

The newspaper must be from the county where your LLC’s principal office is located. The county clerk designates newspapers for you, and you can choose from them based on your budget.

To make your New York LLC publication, you need to:

  1. Call the newspaper to inquire about rates and publication schedules.
  2. Draft your LLC formation notice according to the requirements set forth by the state of New York.
  3. Submit your notice to the newspaper, along with payment for publication.
  4. Once your publication is done for the said period of time, get an Affidavit of Publication from the newspaper.
  5. Complete the Certificate of Publication downloaded from the Department of State.
  6. File Certificate of Publication along with the filing fee and Affidavit of Publication with the New York Department of State within 10 days of the last publication date at the following address

New York Department of State,

Division of Corporations,

One Commerce Plaza,

99 Washington Avenue,

Albany, NY 12231.

Following these simple steps ensures that your LLC complies with the New York LLC publication requirement.

New York Certificate of Publication Filing Fee

The regular filing fee for the Certificate of Publication is $50. To expedite the process, you need to pay an additional fee:

$25.00 per document for processing within 24 hours

$75.00 per document for processing within the same day, or 

$150.00 per document for processing within 2 hours.

The fee must be paid using your credit card or debit card, and complete the Credit Card/Debit Card Authorization Form. You need to submit this fee to the Division of Corporations with your service request.

NYS LLC Publication Example

  • Notice of Formation of (LLC Name)
  • LLC Articles of Organization filed with the New York Department of State on mm/dd/yy.
  • Office location in (County Name), New York.
  • (Registered Agent Name) has been designated as the LLC’s agent upon whom process against it may be served.
  • New York Department of State shall mail a copy of any such process served against the LLC to (Registered Agent Address).

What happens If I Don’t Publish MY LLC in New York

Suppose you don’t publish your LLC according to the New York LLC publication requirements set forth by the state of New York. In that case, your LLC’s authority to conduct, carry on, or transact any business is suspended. 

However, your LLC will hold its limited liability shield according to (§206(b)(4)), and contracts made by the company will remain intact. But, you will be unable to get the New york certificate of good standing.

Suppose your LLC fulfills the New York LLC publication requirement any time after the 120 passed by the initial LLC registration. In that case, your LLC’s authority to conduct, carry on, or transact business will be reinstated.  

So in case you missed to fulfill the New York publication requirement within 120 days, you can reinstate it retroactively to the first date of business conducted by fulfilling it at any time.  

How to Save Money on New York LLC Publication

Publishing your LLC in New York may cost you from $400 to $1200. That is why many entrepreneurs in New York use one of the two main strategies stated below to save money on New York LLC publication costs:

  1. Form LLC in counties where prices are low
  2. Use a registered agent service and business address from a county that has a low publication fee

Form LLC in Counties Where Costs are Low

You can form your LLC in a county with low LLC publication requirements. So, while starting an LLC, you can check nearby counties where the publication is low. Then request someone you know from the county and use their address as your LLC’s principal address. 

Important:

After your publication requirement is fulfilled, you can change your business address anytime. To change the LLC business address, you must file a Certificate of Change for $30 with the New York Division of Corporations. Hence you can save a ton of time and money.

Use a Professional Registered Agent and Business Address Service

If you hire a professional registered agent service and use their address as the principal address of your LLC or acquire a business address from such services, you can save your New York LLC publication cost.

Such services provide the addresses of the counties where LLC publication is cheaper. Once your LLC is registered and fulfills the New York LLC publication requirements, you can change the principal address of your LLC at any time.

Cheap LLC Publication in New York

ZenBusiness provides cheap LLC publication Northwest Registered Agent is another suitable option that gets your LLC published in Albany county for a total of $375.

Frequently Asked Questions (FAQs)

1. Do I need to publish my LLC in more than one newspaper?

Yes, you must publish your LLC formation notice in two newspapers. One of the newspapers must be a general circulation newspaper, and the other can be any legal notice newspaper.

2. How much does it cost to publish my LLC in the newspaper?

Rates vary depending on the newspaper you choose to publish your notice. However, you can expect to pay around $400-$1200 for publication in two newspapers.

3. How long does my LLC have to be published in the newspaper?

Your LLC must be published for six consecutive weeks, with at least one publication per week.

4. Do I need to file anything with the state after my LLC is published in the newspaper?

Yes, you must file an Affidavit of Publication with the New York Department of State within 10 days of the last publication date.

5. What happens if I don’t publish my LLC in the newspaper?

Many entrepreneurs worry about what happens if they fail to comply with the New York LLC Publication Requirement. Don’t worry, if you don’t publish your LLC according to the requirements set forth by the state of New York within the 120 days after the initial filing of your NY Articles of Organization, you can do it any time after that.

If you do not publish your LLC in the newspaper at all, your LLC’s authority to conduct, carry on, or transact any business will be suspended. Moreover, you will be unable to get the New york certificate of good standing.

However, your LLC will hold its limited liability shield according to (§206(b)(4)), and contracts made by the company will remain intact. But, y

6. Which LLCs are Exempted From New York Publication requirement?

A theatrical production company is exempted from the New York LLC publication requirement so long as the words “limited liability company” appear in its name.

7. How to get a certificate of publication in NY?

By clicking on this link, you can get the Certificate of Publication downloaded from the Department of State. You need to file this Certificate of Publication along with the filing fee and Affidavit of Publication with the New York Department of State within 10 days of the last publication date at New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

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