NY LLC Publication Requirement — Simple Step-by-Step Guide
Introduction
If you formed an LLC in New York, you must publish a notice about your LLC in two newspapers and then file proof with the state. This rule comes from New York LLC Law §206. Below we explain in plain English what it is, who it covers, what to publish, the timeline, costs, and exactly how to file so you can stay compliant and avoid headaches.
Key sources: • NY LLC Law §206 (Affidavits of publication) • NY Dept. of State (DOS) — Certificate of Publication instructions
What this law is (in simple words)
New York requires new LLCs to publish a notice of formation in two newspapers (one daily and one weekly) once a week for six consecutive weeks. After that, you must file a Certificate of Publication with the NY Department of State (DOS), attaching the affidavits of publication you receive from each newspaper.
- You must finish the publishing and file proof within 120 days of your LLC’s effective date.
- If you miss it, your LLC’s authority to do business in NY is suspended until you file and cure.
(See: LLC Law §206 and the DOS instructions.)
Who must comply
- Domestic LLCs formed in NY
- Foreign LLCs authorized to do business in NY
- PLLCs (professional LLCs) follow similar rules
- Exception: Theatrical production companies (with “limited liability company” in the name) are exempt
What exactly must be published
You can publish either your full Articles of Organization or a short notice that includes:
- LLC name (exactly as on DOS records)
- Filing date of the Articles of Organization
- County of the LLC office (as stated in your Articles)
- Principal business address (if any)
- A statement that the NY Secretary of State is agent for service of process and the mailing address where process should be sent
- Registered agent name and address (if you have one)
- Latest date of dissolution (if any)
- The purpose (business activity) of the LLC
Important: The two newspapers are designated by the County Clerk of the county where your LLC’s office is located. Using other papers does not count.
Step-by-step: how to comply
- Form your LLC and keep the DOS filing receipt.
- Call your County Clerk to get the designated newspapers (one daily + one weekly).
- Draft your notice with all required items (above).
- Publish the notice once per week for 6 weeks in both papers.
- Collect Affidavits of Publication from each newspaper.
- Complete the Certificate of Publication (DOS form).
- File with DOS: send the Certificate + both affidavits + $50 fee.
- Keep copies of everything for your records.
Mailing address (per DOS): NY Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Deadlines and penalties (plain English)
- 120-day deadline: Finish the 6-week run and file proof with DOS within 120 days of formation.
- If late: Your LLC’s authority to do business is suspended until you file correctly.
- Good news: You can cure at any time by completing the steps; once DOS accepts your filing, your authority is restored.
- Note: Noncompliance doesn’t void your LLC or existing contracts, but it can block you from suing in NY courts until cured.
Costs (what to expect)
- DOS filing fee: $50 (Certificate of Publication)
- Newspaper fees: vary widely by county
- Some rural counties: a few hundred dollars
- NYC counties: often $1,000–$1,600+
Some owners temporarily list an address in a lower-cost county to reduce ad costs, then file a Certificate of Change later. If you try that, do it carefully and follow the rules.
Common questions
Can I pick cheaper papers? No. You must use the County Clerk-designated daily and weekly newspapers.
What if I miss a week? You’ll need to restart the six-week sequence.
Can I fix it after 120 days? Yes. File the Certificate with affidavits; once DOS accepts, the suspension ends.
Does this make my LLC invalid? No. The LLC still exists, but your authority to do business in NY is suspended until you comply.
How do I find the right papers? Call your County Clerk (many clerk sites post instructions).
Conclusion
The NY publication requirement is old-school, but you can’t skip it. Follow the steps, file your proof, and keep your LLC in good standing. If you want help, we can handle the entire process for you.
Need help? Contact us or check our comprehensive FAQ.
References
- NY LLC Law §206 (Affidavits of publication) — https://www.nysenate.gov/legislation/laws/LLC/206
- NY Dept. of State — Certificate of Publication (Domestic LLC) — https://dos.ny.gov/certificate-publication-domestic-limited-liability-company-0
- DOS — Form notes / $50 fee appears across DOS pages — e.g., https://dos.ny.gov/articles-organization-domestic-limited-liability-company-0
- FindLaw — LLC §206 text — https://codes.findlaw.com/ny/limited-liability-company-law/llc-sect-206/