Delaware LLC Publication in New York (Complete 2026 Guide)
The Short Answer
No — forming in Delaware does not exempt your LLC from New York's publication requirement. It's true that Delaware itself has no publication law. But that fact is about Delaware; it has nothing to do with New York. Once your Delaware LLC files an Application for Authority to do business in New York, Section 802 of the New York LLC Law applies to it independently — the same way it applies to an LLC formed in Texas, Nevada, or anywhere else. The trigger is qualifying into New York, not where the LLC was formed.
Delaware LLCs in New York, by the Numbers
In practice that means: publish notice in two newspapers designated by your New York county's clerk, once a week for six consecutive weeks, then file a Certificate of Publication with the Department of State — all within 120 days of your Application for Authority being filed. That's the full §802 mechanic, and it's identical for every foreign LLC regardless of home state. For the complete requirement — the statute, the seven-step process, and what happens if you miss the deadline — see our foreign LLC publication guide. This page covers what's specific to a Delaware-formed LLC.
Delaware Is 64.56% of Foreign LLCs Registered in New York
Delaware isn't one origin state among many — it dominates. As of September 2026, Delaware accounted for 113,670 of 176,065 foreign LLCs and foreign PLLCs on file with the New York Department of State — 64.56%, more than every other jurisdiction combined. (Full dataset, updated daily)
| Jurisdiction of formation | Foreign LLCs on file | Share |
|---|---|---|
| Delaware | 113,670 | 64.56% |
| New Jersey | 12,127 | 6.89% |
| Florida | 6,511 | 3.70% |
| Nevada | 3,958 | 2.25% |
| Connecticut | 3,810 | 2.16% |
Denominator: all 176,065 foreign limited liability companies and foreign professional service LLCs on file with the New York Department of State as of September 2026. Percentages don't sum to 100% — the remaining ~20.4% spans dozens of other jurisdictions not shown here. The New York Department of State reported these entities as Active at the time of collection; status is recorded once at collection and isn't subsequently refreshed, so this describes a cumulative filing history, not a real-time census. See the full jurisdiction table, methodology, and CSV download for every jurisdiction, the New York county breakdown, and the entities on file by year of authorization.
The Department of State's own public data points the same way. Its Active Corporations file on the New York Open Data portal lists 112,107 Delaware-formed entities among 175,141 active foreign LLCs and PLLCs — 64.0% (September 21, 2026 update). Its All Filings record shows 7,007 Applications for Authority filed by Delaware-formed LLCs and PLLCs in 2025, out of 12,344 filed by foreign LLCs and PLLCs from every jurisdiction. Section 802(b)(i), and Section 1306(d)(i) for professional service LLCs, both begin: "Within one hundred twenty days after the filing of the application for authority with the department of state…"
If a competitor tells you "everyone forms in Delaware" — this is why. Your entity type isn't the unusual case here — it's the most common one.
Delaware, the State — Not Delaware County, New York
Two different "Delawares"
Delaware in this guide means the State of Delaware, where the LLC was formed. It does not mean Delaware County, New York — a real New York county in the Catskills. 153 Delaware-formed LLCs have designated Delaware County, NY, so both readings exist.
This isn't a hypothetical mix-up. If your Delaware-formed LLC's Application for Authority happens to state Delaware County, New York as its office county — a real possibility, since it's one of the 62 counties every foreign LLC can designate — your newspapers, your clerk, and your price are all governed by Delaware County, NY, not by anything to do with the State of Delaware. The price for that specific county is $425 + $500 = $925. Because the two meanings look identical in plain text, every "Delaware" reference on the filing is worth checking closely.
Delaware the state and Delaware County, New York share nothing but a name — yet 153 Delaware-formed LLCs have designated that county anyway.
What You'll Pay: County Price Plus the Foreign LLC Add-On
Every foreign LLC — Delaware-formed or not — pays its New York county's base publication price plus a $500 Notice of Qualification add-on. That add-on exists because a foreign LLC's newspaper notice runs longer than a domestic LLC's Notice of Formation — it must also state the home jurisdiction, the original formation date, and a required address. It is not a "Delaware surcharge." Every state of formation pays the same add-on.
As of September 2026, of the 113,670 Delaware-formed foreign LLCs on file with the New York Department of State, 64,390 (56.65%) designated New York County (Manhattan) — the single most common choice — where publication costs $1,795 + $500 = $2,295. Another 12,723 (11.19%) designated Albany County — the second most common — where publication costs $395 + $500 = $895. (Full county breakdown, updated daily)
That distribution is background, not your answer. Nearly a third of Delaware LLCs designated a county other than these two, and the county that actually governs your price is the one stated on your own accepted Application for Authority — not a statistic about other filers.
The county that governs your price is the one on your own accepted Application for Authority — not the state-wide distribution.
Skip the per-county guesswork
Tell us your Delaware LLC's name and county — we quote the exact all-inclusive price, foreign LLC add-on included, before you commit to anything.
ComenzarFind Your Exact County and Price
The fastest way to get your number is to look up your own entity rather than estimate from the table above. Our free NY LLC Lookup tool searches the same New York Department of State mirror this dataset is built from. Search your Delaware LLC's name and it returns the county currently on your New York filing, your authorization date, and the exact publication price for that county — with the foreign LLC add-on already included, never a bare base price.
What the County Actually Depends On
The county isn't based on where you "feel like" you do business, and it isn't based on Delaware being your home state. It's item THIRD on the Application for Authority (DOS-1361-f-a) — the New York county your LLC stated at filing, governed by §802(a)(3) of the NY LLC Law. The DOS form itself notes that "the limited liability company is not required to have an actual physical office in New York State" — so the county is whatever was stated on the accepted filing, not a location requirement.
If your county changed since you filed, or you're unsure which one governs your notice, see the county and exact price guide in this series or use the lookup tool above — it reads the county currently on record, not what was true when you first filed.
More in This Series
This hub orients Delaware-formed LLCs to New York's publication requirement. Three more guides go deeper on specific questions:
- County and exact price — find the county already on your filing and get a firm number
- Documents and addresses — the five fields a Delaware Application for Authority asks for, and how they differ from a domestic filing
- The 120-day deadline and how to cure a miss — compute your real deadline and understand what suspension does and doesn't mean
How LLC Publishers Helps Delaware LLCs
Whether your LLC was formed in Delaware, Nevada, or New York itself, the publication process is the same headache: finding the right newspapers, coordinating two separate ad placements, waiting on affidavits, and filing the right paperwork with the state.
We handle the entire process for one flat price — your county's base rate of $395–$1,795, plus the $500 foreign-LLC add-on every out-of-state LLC pays — including the county clerk's newspaper research, both ad placements, affidavit collection, and filing your Certificate of Publication with the NY Department of State.
You provide: your accepted Application for Authority and payment. We deliver: your completed Certificate of Publication, both affidavits, and confirmation that your publication filing has been submitted to the NY Department of State.
Get started today | View pricing
Ready to hand off your Delaware LLC's publication?
One flat price — $395–$1,795 by county, plus the $500 foreign-LLC add-on. Money-back guarantee.
ComenzarFAQ: Delaware LLC Publication in New York
Does a Delaware LLC have to publish in New York?
Yes, if it has filed (or is filing) an Application for Authority to do business in New York. Publication is triggered by qualifying into New York under Section 802 — it applies the same way regardless of where the LLC was originally formed.
Delaware has no publication requirement. Why do I have to publish?
Delaware's lack of a publication law governs Delaware filings, not New York filings. New York's Section 802 is a separate, independent requirement that applies once your LLC registers to do business here. Neither state's rule affects the other.
What is Delaware County, New York, and is it different from the state of Delaware?
Yes, they're unrelated. Delaware County, NY is one of New York's 62 counties, located in the Catskills. A Delaware-formed LLC (home state: Delaware) can independently designate Delaware County, New York (a filing location) on its Application for Authority — 153 currently have. Check your own filing to see which one applies to you.
Which New York county do I publish in?
Whichever county is stated on your accepted Application for Authority (item THIRD, under §802(a)(3)) — not the county you'd expect based on your home state or your business activity. Use our lookup tool to see the exact county currently on your filing.
How much does it cost to publish a Delaware LLC in New York?
The same as any foreign LLC in that county: the county's base publication price plus the $500 Notice of Qualification add-on. It ranges from $895 in lower-cost counties to well over that in Manhattan, depending on which county is on your filing. View full pricing →
Does forming in Delaware mean I don't have to file a New York LLC Transparency Act report?
After the December 2025 veto of the earlier version, the New York LLC Transparency Act reaches only LLCs formed under the law of a foreign country — not LLCs formed in another U.S. state. Because a Delaware LLC is a U.S.-state entity, the Act's scope doesn't reach it, regardless of New York registration.
I only use a Delaware registered agent — do I still have to register in New York?
That depends on whether your LLC is "doing business" in New York, which is a fact-specific question under New York law — not something a registered agent's location changes on its own. Our foreign LLC publication guide covers what typically does and doesn't count. If you're unsure, consult a business attorney familiar with New York law.
Is the publication process different for a Delaware LLC than for a New York-formed LLC?
The process is identical — same newspapers, same six-week schedule, same 120-day deadline, same Certificate of Publication. The only difference is the notice content: a foreign LLC's notice includes its home jurisdiction and formation date, which makes it longer (and is why the $500 add-on applies).
Key Takeaways
- Forming in Delaware does not avoid New York publication. Delaware's lack of a publication law is about Delaware; New York's Section 802 applies independently once your LLC qualifies here.
- Delaware is 64.56% of all foreign LLCs on file with the New York Department of State (113,670 of 176,065, as of September 2026) — more than every other jurisdiction combined. See the full dataset →
- "Delaware" has two unrelated meanings on your filing: the State of Delaware (where you formed) and Delaware County, New York (a possible filing county). 153 Delaware-formed LLCs have designated the latter.
- You pay the county's base price plus a $500 foreign-LLC add-on — never a Delaware-specific surcharge.
- The county that governs you is the one on your own accepted Application for Authority, not the state-wide distribution. Look up your LLC →
- Delaware LLCs are exempt from the NY LLC Transparency Act — that statute reaches only LLCs formed under a foreign country's law.
- LLC Publishers handles the entire process for a flat $395–$1,795 by county, plus the $500 foreign-LLC add-on. View pricing →
Ready to handle your Delaware LLC's New York publication? Contact us to get started, or look up your entity first to see your exact county and price.
