How Long to Get Affidavits After NY LLC Publication?
After your NY LLC publication ads finish running in both designated newspapers, expect to receive your affidavits of publication within 2-3 weeks. Each newspaper sends a notarized affidavit confirming your legal notice ran for six consecutive weeks as required by Section 206. You need both affidavits to file your Certificate of Publication with the Department of State.
Affidavit Timeline Quick Facts
What Are Affidavits of Publication?
Each newspaper designated by your county clerk must provide a notarized affidavit once your six weeks of consecutive publication are complete. This affidavit is an official sworn statement confirming that your LLC's legal notice was published as required by Section 206 of the NY LLC Law.
You'll receive two affidavits:
- One from the daily newspaper
- One from the weekly newspaper
Both are submitted to the NY Department of State along with your Certificate of Publication (DOS-1708).
What Each Affidavit Contains
Each affidavit of publication includes five key items:
- Newspaper information — Name, address, and frequency (daily or weekly)
- Publication dates — The six dates your ad ran
- Ad content — A copy of the actual notice that was published
- Sworn statement — Signed and notarized by a newspaper representative
- County clerk verification — Confirmation the newspaper is designated for legal notices in your county
Both affidavits must match your LLC's details exactly as they appear in the NY Entity Database. Any discrepancies — wrong name, wrong address, wrong dates — will cause your Certificate of Publication to be rejected.
Typical Affidavit Timeline
Here's what to expect based on our direct experience with newspaper publishers across New York:
| Step | Timeline | Notes |
|---|---|---|
| Last ad publication date | Week 6 | Publication must run for six consecutive weeks |
| Newspapers issue affidavits | 5-15 business days after | Some smaller weekly papers take longer |
| Both affidavits collected | Week 7-8 | Verify notarization and completeness |
| File with NY Department of State | Week 8-9 | Affidavits + Certificate of Publication mailed to Albany |
In most cases, you'll receive your affidavits within 2-3 weeks after the final publication date. The daily newspaper typically responds faster than the weekly.
Watch Your 120-Day Deadline
Your 120-day publication deadline runs from the date your LLC was formed — not from when publication starts. Factor in the 2-3 week affidavit wait when planning your timeline. Starting publication early gives you buffer for delays.
Why Affidavit Delays Happen
It's common for one newspaper to send their affidavit faster than the other. Common causes of delay:
- Mailing time — Some newspapers mail physical affidavits instead of sending them electronically
- Clerical backlog — Smaller weekly newspapers may have limited staff for processing affidavits
- Holidays or print disruptions — Holiday weeks and weather events can push timelines back
- Errors in the published notice — If the ad content had mistakes, the newspaper may need to re-publish and issue a corrected affidavit
If it's been more than 3 weeks since your last ad ran and you haven't received both affidavits, contact the newspapers directly. Ask for a status update and confirm they have the correct mailing address on file.
What to Do After You Receive Affidavits
Once you have both affidavits in hand:
- Verify accuracy — Check that the LLC name, filing date, county, and address match your state records exactly
- Complete the Certificate of Publication — Fill out form DOS-1708
- Attach both original affidavits — The Department of State requires originals, not copies
- Mail to Albany — Send to the NY Department of State, Division of Corporations with the $50 filing fee
- Confirm filing — Processing takes about 7-10 business days; check the entity database for "Certificate of Publication - Filed"
For the full step-by-step filing process, see our Certificate of Publication filing guide. Use our pre-filing checklist to make sure everything is in order before mailing.
Want us to handle everything — including affidavits?
We coordinate with designated newspapers, collect and verify both affidavits, and file your Certificate of Publication. One flat fee, start to finish.
Get StartedFAQ
Can I file my Certificate of Publication before getting both affidavits?
No. The NY Department of State requires both affidavits attached to the filing — one from each designated newspaper. Filing with only one will result in rejection.
What if it's been 4 weeks and I haven't received my affidavits?
Contact the newspapers directly. Ask whether the affidavit has been mailed and confirm they have the correct address. If you're working with a publication service, they should be following up on your behalf. Persistent delays beyond 4 weeks are uncommon but do happen with smaller weekly papers.
Do I need to notarize anything myself?
No. Each affidavit arrives already notarized by the newspaper's publisher or authorized representative. You don't need to visit a notary or sign anything additional.
Do I need original affidavits or will copies work?
The NY Department of State requires original, notarized affidavits for the initial filing. Copies are not accepted. Make photocopies for your records before mailing the originals to Albany.
What if an affidavit has an error?
Contact the newspaper immediately. They will need to issue a corrected affidavit, which typically adds 1-2 weeks. This is why verifying your ad content before publication begins is critical — see what to do when the newspaper makes an error.
What if I miss the 120-day publication deadline while waiting for affidavits?
Your LLC is not dissolved for missing the deadline, but you lose the ability to sue in New York courts until publication is completed. See our missed deadline guide for full details on consequences and how to fix it.
How We Maintain This Data
This article reflects current New York State law and newspaper practices as of February 2026. Our information is based on:
- Section 206 of the NY LLC Law — the statutory requirements for publication and affidavits
- NY Department of State LLC resources — official forms and filing instructions
- Certificate of Publication form (DOS-1708) — the state filing form
- Our direct experience coordinating with newspaper publishers across New York counties
Last verified: February 2026
LLC Publishers provides LLC publication filing services. This article is for informational purposes only and does not constitute legal advice. For legal questions about your specific situation, consult a licensed attorney.