Do Foreign LLCs Need to Publish in New York?

The Short Answer

Yes. If your LLC was formed in another state and you're registering to do business in New York by filing an Application for Authority, you must publish notice in two New York newspapers within 120 days.

This requirement applies under Section 802 of the New York Limited Liability Company Law—the foreign LLC equivalent of Section 206 that governs domestic LLCs.

Failure to comply results in suspension of your LLC's authority to conduct business in New York. While you won't lose contracts or face personal liability, you cannot legally operate, sue, or enforce contracts in New York courts until you cure the deficiency.

Bottom line: Foreign LLCs face the same publication burden as New York-formed LLCs—same newspapers, same timeline, same cost, same consequences.

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What Is a Foreign LLC?

A foreign LLC is an LLC formed under the laws of another state (or country) that wants to conduct business in New York.

For example:

• You formed an LLC in Delaware but now want to open an office in Manhattan
• Your Texas LLC is expanding operations to New York
• You're a California LLC hiring employees or leasing space in New York

When your business activities cross the threshold into "doing business" in New York, you must register with the NY Department of State by filing an Application for Authority.

And once you file that application, the publication clock starts ticking.

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Legal Requirement: Section 802

The publication requirement for foreign LLCs comes from Section 802 of the New York Limited Liability Company Law.

Here's what the law requires:

• Within 120 days after filing your Application for Authority, you must publish a copy of the application (or a notice related to your qualification) in two newspapers
• Publications must run once per week for six consecutive weeks
• The newspapers must be designated by the County Clerk of the county where your LLC's New York office is located (as stated in your Application for Authority)
• After publication, you must file a Certificate of Publication plus affidavits of publication from both newspapers with the NY Department of State, along with a $50 filing fee

If you fail to complete this within 120 days, your LLC's authority to do business in New York will be suspended.

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How Section 802 Differs from Section 206

While both domestic LLCs (Section 206) and foreign LLCs (Section 802) face publication requirements, there are a few subtle differences:

In practice, the requirements are nearly identical. The same newspapers, same timeline, same process, same cost, and same consequences apply to both domestic and foreign LLCs.

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What "Doing Business" in New York Means

Not every activity by an out-of-state LLC requires registration and publication in New York.

Activities That DO Require Registration

If your LLC engages in any of these, you likely need to register as a foreign LLC:

• Maintaining an office in New York
• Hiring employees who work in New York
• Leasing commercial space in New York
• Conducting regular business meetings in New York
• Opening a bank account at a New York branch (some banks require registration)
• Owning or leasing property in New York for business purposes

Activities That Generally Do NOT Require Registration

These typically do not trigger the foreign LLC registration requirement:

• Attending trade shows or conferences in New York
• Taking orders from New York customers but fulfilling them elsewhere
• Shipping products into New York from your home state
• Maintaining a website accessible to New York customers
• Defending a lawsuit in New York courts
• Owning passive investments (real estate, stocks) in New York without active business operations

The line can be blurry. If you're unsure whether your activities constitute "doing business" in New York, consult with a business attorney familiar with New York law.

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Step-by-Step: How Foreign LLCs Comply

Here's the practical process for satisfying the publication requirement:

Step 1: File Your Application for Authority

Before you can publish, you must file an Application for Authority with the NY Department of State.

This form requires:

• Your LLC's name (must include "LLC," "L.L.C.," "Limited Liability Company," or similar)
• Jurisdiction where your LLC was originally formed
• Date of original formation
• Address of your principal office in New York (this determines publication county)
• Registered agent for service of process in New York
• Name and address of the Secretary of State (or equivalent) in your home state

Filing fee: $250

Once this is filed and approved, your 120-day publication clock begins.

Step 2: Determine Your Publication County

The county clerk designation depends on the address of your LLC's office in New York as stated in your Application for Authority.

For example:

• Office in Manhattan → New York County
• Office in Brooklyn → Kings County
• Office in Rochester → Monroe County
• Office in Buffalo → Erie County

Important: The county is based on where your New York office is located, NOT where your LLC was originally formed.

Step 3: Contact the County Clerk for Designated Newspapers

Each New York county clerk maintains a list of approved newspapers for LLC publication. You must use newspapers from this list.

Typically, the list includes:

• One daily newspaper (published at least 5 days per week)
• One weekly newspaper (published once per week)

You can find county clerk contact information through the New York County Clerks Association or by searching "[County Name] County Clerk designated newspapers."

Pro tip: County clerk offices are often busy and may not respond quickly. Some counties post their lists online, but many require you to call or visit in person.

Step 4: Place Ads in Two Newspapers

Once you know which newspapers are designated, contact each newspaper's legal advertising department.

You'll need to provide:

• A copy of your Application for Authority (or a notice summarizing it)
• Instructions to publish once per week for 6 consecutive weeks
• Payment (newspaper ad rates vary widely—typically $300 to $1,500+ per newspaper)

What to publish: You may publish a full copy of your Application for Authority or a shorter notice that includes:

• Your LLC's name
• Jurisdiction and date of original formation
• Address of your New York office
• Statement that the Secretary of State is designated as agent for service of process
• Registered agent details (if applicable)
• General business purpose

Most newspapers will help format the ad for you.

Step 5: Collect Affidavits of Publication

After the 6-week publication period ends, each newspaper will provide you with an affidavit of publication—a sworn statement that your ad ran as required.

These affidavits typically arrive 1-2 weeks after the final publication date.

Keep these safe. You'll need the originals to file with the state.

Step 6: Complete and File the Certificate of Publication

Once you have both affidavits, you must file a Certificate of Publication for Foreign Limited Liability Company with the NY Department of State.

What to submit:

• Completed Certificate of Publication form
• Affidavit from the daily newspaper
• Affidavit from the weekly newspaper
• $50 filing fee

Mail to: Division of Corporations One Commerce Plaza 99 Washington Avenue Albany, NY 12231

Processing time: Standard processing takes approximately 5-7 business days. Expedited options are available for an additional fee ($25 for 24-hour, $75 for same-day, $150 for 2-hour).

Step 7: Confirmation and Compliance

Once the Department of State processes your Certificate of Publication, your LLC is in full compliance.

You should receive a stamped copy of the Certificate back from the state. Keep this with your LLC records.

Your foreign LLC is now authorized to conduct business in New York without risk of suspension.

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Costs: What to Expect

The total cost for foreign LLC publication in New York includes:

County matters. Publication costs in Manhattan (New York County) or Nassau County are typically much higher than in upstate counties like Albany or Erie.

Some business owners consider using an Albany County address (a virtual office or registered agent service) to reduce publication costs. This strategy can save $1,000+ but may not be appropriate for all businesses. See our guide on saving on LLC publication by changing your county.

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Consequences of Non-Compliance

If you fail to complete publication within 120 days of filing your Application for Authority, the NY Department of State will suspend your LLC's authority to conduct business in New York.

What Suspension Means

• Your LLC cannot legally operate in New York
• You cannot sue or enforce contracts in New York courts
• Your LLC's authority remains suspended until you complete publication and file the Certificate
• Existing contracts remain valid (suspension doesn't void agreements)
• Members and managers are not personally liable for LLC debts simply because of non-compliance

How to Cure a Suspension

Good news: suspension is reversible.

To reinstate your LLC's authority:

1. Complete the 6-week publication process (in the correct newspapers)
2. Collect affidavits from both newspapers
3. File the Certificate of Publication with the $50 fee

Once filed, your LLC's authority is restored. There is no penalty or late fee beyond the standard requirements.

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Common Mistakes to Avoid

1. Assuming You Don't Need to Register

Many foreign LLCs mistakenly believe they can "fly under the radar" without registering in New York.

Reality: If you're conducting business in New York (office, employees, physical presence), you're required to register. Operating without registration exposes you to penalties and prevents you from suing in New York courts.

2. Using the Wrong Newspapers

You cannot choose any newspapers. The law requires newspapers designated by the county clerk where your New York office is located.

Using non-designated newspapers means your publication doesn't count, and you'll have to start over.

3. Choosing the Wrong County Based on Your Home State

Your publication county is determined by your New York office address, not where your LLC was originally formed.

If your LLC is based in Texas but your New York office is in Brooklyn, you must publish in Kings County newspapers—not Texas newspapers.

4. Forgetting About the 120-Day Deadline

The 120-day clock starts on the date your Application for Authority is filed, not when you decide to start the process.

Publication takes time (6 weeks minimum, plus 1-2 weeks for affidavits). Don't wait until day 100 to begin.

5. Losing or Not Filing Affidavits

Even if you complete publication, you're not compliant until you file the Certificate of Publication with affidavits and the $50 fee.

Keep the affidavits safe and file them promptly after receiving them from the newspapers.

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How LLC Publishers Helps Foreign LLCs

If you're registering a foreign LLC in New York, the publication process is the same headache that domestic LLCs face:

• Tracking down county clerk-designated newspapers
• Coordinating with two different newspapers
• Paying high ad rates (especially in NYC)
• Waiting for affidavits
• Filing paperwork with the state

We handle the entire process for one all-inclusive price, including:

• County clerk newspaper designation research
• Placing ads in both required newspapers
• Managing the 6-week publication schedule
• Collecting affidavits from newspapers
• Filing the Certificate of Publication with the NY Department of State

You provide: Copy of your Application for Authority and payment.

We deliver: Completed Certificate of Publication, affidavits, and peace of mind.

Our service works for both domestic and foreign LLCs—the process is the same, and our flat rate covers everything.

Get started today | View pricing

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FAQ: Foreign LLC Publication in New York

Does my Delaware LLC need to publish in New York?

Yes, if your Delaware LLC is conducting business in New York and files an Application for Authority. The publication requirement applies to all foreign LLCs, regardless of where they were originally formed.

Can I use the same newspapers for multiple foreign LLCs?

Yes, if you're registering multiple foreign LLCs in the same New York county. The newspapers must still be designated by the county clerk for that specific county.

What if my LLC was formed in another country?

Foreign LLCs formed outside the United States must also comply with Section 802 publication requirements if they register to do business in New York. The process is the same.

Does the publication need to include my full Application for Authority?

No. You may publish either a full copy of the Application or a shorter notice that includes key information (LLC name, jurisdiction, New York office address, registered agent, business purpose). Most LLCs publish a notice rather than the full application.

Can I change my New York office address after filing the Application for Authority?

Yes, but this may affect your publication county. If you move to a different county before completing publication, you may need to restart the process in the new county. Consult with an attorney if this applies to you.

Do I need to publish in English?

Yes. New York LLC publication must be in English, regardless of your LLC's home country or primary language.

What happens if my LLC was suspended before I knew about the publication requirement?

You can cure the suspension at any time by completing the publication process and filing the Certificate of Publication. There's no additional penalty beyond the standard costs.

Can I handle publication myself to save money?

Yes, but most foreign LLCs find the process time-consuming and confusing—especially coordinating with county clerks and newspapers. Our all-inclusive service handles everything and often saves money compared to DIY attempts (especially in high-cost counties). View pricing →

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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 foreign LLC's registration and publication obligations in New York, consult with a qualified business 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

• Foreign LLCs must publish in New York under Section 802 if they file an Application for Authority to conduct business in the state
• The requirements are nearly identical to domestic LLCs: two newspapers (daily + weekly), six consecutive weeks, 120-day deadline
• Publication costs range from $900 to $3,300+, depending on the county
• Failure to comply results in suspension of your LLC's authority to conduct business in New York
• Suspension is reversible—you can restore authority by completing publication at any time
• The publication county is based on your New York office address, not where your LLC was originally formed
• LLC Publishers handles the entire process with all-inclusive pricing, saving you time and ensuring compliance. View pricing →

Ready to register your foreign LLC in New York? Contact us to get started or learn more about our publication service.