Certificate of Publication Checklist for New York LLC

Before You Send Anything: Use This Checklist

You've completed your six-week publication requirement. Both newspapers have sent you affidavits. Now you're ready to file your Certificate of Publication with the New York Department of State—but wait.

One mistake on this filing means rejection, delays, and having to start over. The Department of State rejects filings for seemingly minor errors: a missing hyphen in your LLC name, a date that doesn't match records by one day, or forgetting to notarize an affidavit.

This comprehensive checklist ensures your Certificate of Publication filing is complete, accurate, and accepted on the first try. Use it as your final verification before mailing anything to Albany.

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Why This Checklist Matters

According to Section 206 of the New York Limited Liability Company Law, your Certificate of Publication must be filed to complete the publication requirement and restore your LLC's authority to conduct business.

An incomplete or incorrect filing means:

• Rejection and return of your documents (adding 2-3 weeks to the process)
• Continued suspension of your LLC's business authority
• Additional costs for re-mailing documents
• Potential issues with banks and vendors checking your compliance status
• Wasted time preparing documents again

The Department of State processes thousands of these filings. They don't call to clarify errors—they simply reject and return your paperwork.

This checklist prevents all of that.

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The Complete Pre-Filing Checklist

✅ Document Verification

1. Both Original Affidavits of Publication

You must have:

• Original affidavit from the daily newspaper (not a photocopy)
• Original affidavit from the weekly newspaper (not a photocopy)

Each affidavit must include:

• Newspaper's official letterhead or stamp
• Statement that publication ran for six consecutive weeks
• Exact dates of publication (first and last publication dates)
• Your LLC's legal name exactly as filed with the Department of State
• A notary stamp and signature (required by law)
• The notary's commission expiration date

Common mistake: Some newspapers send unsigned affidavits or forget notarization. If either affidavit is missing notarization, contact the newspaper immediately for a corrected version.

Learn more: How Long Does It Take to Get Affidavits After Publication?

2. Completed Certificate of Publication Form (DOS-1708-f-L)

• Form downloaded from the official NY Department of State website
• All fields completed (no blank spaces)
• Form printed clearly and legibly

The form must not be handwritten unless absolutely necessary. Type all information for clarity.

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✅ Name and Filing Date Verification

This is the #1 reason for rejection. Your LLC name and filing date must match Department of State records exactly.

3. LLC Name Matches Exactly

• Your LLC name on the Certificate of Publication matches your Articles of Organization word-for-word
• Capitalization is identical (e.g., "ABC LLC" vs "ABC Llc")
• Punctuation matches exactly (e.g., "ABC, LLC" vs "ABC LLC")
• Spacing is identical (e.g., "ABC LLC" vs "ABCLLC")
• Any special characters are included (e.g., "&" or "-")

How to verify: Look up your LLC in the NY Department of State business entity database. Search by name and compare character-by-character.

Common variations that cause rejection:

• "Smith & Jones LLC" vs "Smith and Jones LLC"
• "ABC-123 LLC" vs "ABC 123 LLC"
• "The ABC Company LLC" vs "ABC Company LLC"

4. Filing Date is Accurate

• The date you entered is the exact date your Articles of Organization were filed with the Department of State (not the date you mailed them or the date you formed the company internally)

How to verify: Check your Articles of Organization filing receipt or search the NY DOS business entity database. The filing date is listed as "Date Filed" or "DOS ID Date."

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✅ Publication Details Match Affidavits

5. Newspaper Names Match

• The name of the daily newspaper on your Certificate matches the affidavit exactly
• The name of the weekly newspaper on your Certificate matches the affidavit exactly

Example: If the affidavit says "The New York Times," don't write "New York Times" or "NY Times."

6. Publication Dates Match

• First publication date for the daily newspaper matches the affidavit
• Last publication date for the daily newspaper matches the affidavit
• First publication date for the weekly newspaper matches the affidavit
• Last publication date for the weekly newspaper matches the affidavit

Common mistake: Writing the date you received the affidavit instead of the actual publication dates.

7. County is Correct

• The county listed on your Certificate of Publication matches the county listed in your Articles of Organization

Common mistake: Listing the county where your business operates instead of the county listed as your LLC's office location in your formation documents.

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✅ Signature and Authorization

8. Authorized Signature

• The Certificate of Publication is signed by an authorized member or manager of the LLC
• The signer's name is printed or typed below the signature
• The signature is original (not a photocopy or scanned signature on a printed document)
• The date of signing is included

Who can sign: Any member of a member-managed LLC, or any manager of a manager-managed LLC. If your Operating Agreement specifies who can sign official documents, that person should sign.

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✅ Payment Verification

9. Filing Fee is Correct

• Payment is for exactly $50 (the standard filing fee)
• If requesting expedited processing, the additional fee is included:
  • $25 for 24-hour processing (total: $75)
  • $75 for same-day processing (total: $125)
  • $150 for 2-hour processing (total: $200)

10. Payment Method is Acceptable

If paying by check or money order:

• Made payable to "New York Department of State" (spelled exactly this way)
• Amount is correct
• Check or money order is signed

If paying by credit card:

• Credit Card Authorization Form is completed
• Card number, expiration date, and CVV are included
• Cardholder's signature is on the authorization form

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✅ Mailing and Packaging

11. Envelope is Addressed Correctly

Mailing address:

New York Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

• Address is complete and accurate
• Return address is clearly written (in case of rejection or questions)

12. Expedited Processing Marked (If Applicable)

If you paid for expedited processing:

• The word "EXPEDITED" is written clearly on the outside of the envelope
• The level of expedited service is indicated (24-hour, same-day, or 2-hour)

13. Documents are Organized

• Certificate of Publication form is on top
• Both affidavits are attached behind the certificate (in order: daily newspaper first, then weekly)
• Payment (check/money order or credit card authorization form) is included
• Documents are stapled or paperclipped together (not loose)

Do not use tape to attach documents. Use a staple or paperclip.

14. Optional: Self-Addressed Stamped Envelope

If you want a stamped copy of your Certificate returned to you:

• Self-addressed stamped envelope is included
• Return address is correct
• Sufficient postage is attached

Without this, you'll need to verify filing through the online business entity database or request a certified copy later (for an additional fee).

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✅ Final Cross-Check Before Mailing

15. Review the Entire Filing Package

Go through the entire package one more time:

• Certificate of Publication form is complete
• LLC name matches NY DOS records exactly
• Filing date is accurate
• Newspaper names and dates match affidavits
• County is correct
• Certificate is signed and dated
• Both original affidavits are included (daily and weekly)
• Both affidavits are notarized
• Payment is correct and included
• Envelope is addressed properly
• (Optional) Self-addressed stamped envelope is included

16. Make Copies for Your Records

Before mailing:

• Photocopy or scan the completed Certificate of Publication form
• Photocopy or scan both affidavits
• Keep copies in your LLC's records

These copies are important for your records and may be needed for banks, insurance companies, or other business purposes.

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What Happens After You Mail Your Filing

Standard Processing Timeline

Total timeline: Approximately 3-4 weeks from mailing to completion (with standard processing).

How to Verify Filing Status

After 2-3 weeks, check your filing status:

1. Go to the NY Department of State business entity database
2. Search for your LLC by name
3. Look for "Certificate of Publication – Filed" in the entity record
4. If it shows "Filed," you're done!

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Common Mistakes That Cause Rejection

Even with a checklist, here are the most common errors we see:

1. Name Discrepancies (50% of Rejections)

Problem: LLC name on the certificate doesn't match Department of State records exactly.

Solution: Use the business entity database to find your exact legal name as filed. Copy it character-by-character.

2. Missing or Invalid Affidavits (25% of Rejections)

Problem: One affidavit is missing, not notarized, or is a photocopy instead of an original.

Solution: Verify both affidavits are original, notarized documents before mailing.

3. Incorrect Filing Date (10% of Rejections)

Problem: Using the date you submitted your Articles instead of the date the Department of State filed them.

Solution: Check your filing receipt or the business entity database for the official "Date Filed."

4. Unsigned Certificate (5% of Rejections)

Problem: Forgetting to sign the certificate or using a scanned/photocopied signature.

Solution: An authorized member or manager must sign the original form in ink.

5. Wrong County (5% of Rejections)

Problem: Listing the county where you operate instead of the county where your LLC's office is located per your Articles.

Solution: Reference your Articles of Organization to confirm the county listed for your LLC's office.

6. Payment Issues (5% of Rejections)

Problem: Check not signed, amount incorrect, or credit card authorization missing.

Solution: Double-check payment amount ($50 standard or more for expedited) and ensure all payment documents are complete.

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What If Your Filing Is Rejected?

If the Department of State rejects your filing, they will:

1. Return the entire package to your return address
2. Include a letter explaining the reason for rejection
3. Return your payment (uncashed check or voided credit card charge)

To correct and resubmit:

• Fix the specific issue mentioned in the rejection letter
• Prepare a new filing package with the corrected information
• Include a new check or credit card authorization
• Mail again to the Division of Corporations

Timeline impact: Rejection adds 2-4 weeks to your overall compliance timeline.

This is why using this checklist before your initial filing is so important.

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How LLC Publishers Eliminates Filing Errors

When you use LLC Publishers, we handle the entire Certificate of Publication process—including verification:

1. We verify both affidavits are correct, notarized, and match your LLC's information
2. We confirm your LLC name and filing date against Department of State records
3. We complete the Certificate of Publication form accurately
4. We double-check every detail against this exact checklist
5. We file with the Department of State on your behalf
6. We track your filing and notify you when it's approved

Our rejection rate is less than 1% because we verify everything before filing.

You don't have to worry about missed details, rejected filings, or delays. We've filed thousands of Certificates of Publication and know exactly what the Department of State requires.

Get started with our all-inclusive service | View pricing

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FAQs About the Pre-Filing Checklist

Can I file if I only have one affidavit?

No. You must have both affidavits (daily newspaper and weekly newspaper) before filing. The Department of State will reject filings with only one affidavit.

What if my affidavit isn't notarized?

Contact the newspaper immediately and request a corrected, notarized affidavit. You cannot file without proper notarization on both affidavits.

Do I need to include a copy of my Articles of Organization?

No. The Department of State already has your Articles on file. You only need to include the Certificate of Publication form, both affidavits, and payment.

What if I discover an error after I've already mailed my filing?

Contact the Department of State immediately at (518) 473-2492. If they haven't processed your filing yet, they may be able to hold it for correction. If it's already been processed, you'll receive a rejection letter and can correct and resubmit.

Can I use the same affidavit for multiple LLCs?

No. Each LLC must have its own set of affidavits from newspapers that published its specific legal notice. You cannot reuse affidavits across different LLCs.

How do I know if my LLC's name is spelled correctly in Department of State records?

Search the NY Department of State business entity database. Your entity record shows the exact legal name as filed. Use that exact spelling on your Certificate of Publication.

What if the newspaper made an error on the affidavit?

Contact the newspaper immediately to request a corrected affidavit. You cannot file with an incorrect affidavit. Learn more: What If the Newspaper Makes an Error in My LLC Publication?

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Disclaimer

The information in this article is for general informational purposes only and does not constitute legal advice. While we strive for accuracy, laws and procedures may change. For specific legal questions about your LLC, consult with a qualified attorney. LLC Publishers provides publication services and administrative filing assistance, but we are not a law firm and cannot provide legal advice.

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Key Takeaways

• Use this checklist to verify your Certificate of Publication filing is complete and accurate before mailing
• The most common rejection reasons are name discrepancies, missing affidavits, and incorrect filing dates
• Both affidavits must be original, notarized documents—photocopies are not accepted
• Your LLC name must match Department of State records exactly (character-by-character)
• The filing fee is $50 for standard processing, with expedited options available
• Make copies of all documents before mailing for your records
• Rejected filings add 2-4 weeks to your compliance timeline
• LLC Publishers can handle the entire filing process with a less than 1% rejection rate

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Ready to complete your LLC publication requirement without the stress? Let LLC Publishers handle every detail—from newspaper ads to state filing.

Need help? Contact us or check our comprehensive FAQ.

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Sources

• New York Department of State - Certificate of Publication for Domestic LLC
• NY Senate - Section 206 of the Limited Liability Company Law
• New York Department of State - Business Entity Database