How to File Your Certificate of Publication in New York

The Final Step: Filing Your Certificate of Publication

After your LLC's legal notice has been published in two newspapers for six consecutive weeks and you've received both affidavits of publication, there's one critical step remaining: filing your Certificate of Publication with the New York Department of State.

This filing completes your compliance with Section 206 of the New York Limited Liability Company Law and officially removes the publication requirement from your LLC's record. Without it, your company's authority to conduct business in New York remains suspended—even if you've already completed the publication.

Here's exactly how to file your Certificate of Publication, what you'll need, where to send it, and how long the process takes.

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What Is the Certificate of Publication?

The Certificate of Publication is an official form filed with the New York Department of State that certifies your LLC has completed its publication requirement under Section 206.

The certificate, when filed with both newspaper affidavits attached, proves to the state that:

• Your LLC published the required legal notice
• Publication occurred in two designated newspapers (one daily, one weekly)
• Publication ran for six consecutive weeks
• The newspapers were approved by your county clerk
• Publication occurred within the required timeframe (or late compliance was completed)

Once approved, the Department of State updates your LLC's public record to show "Certificate of Publication – Filed," which is visible to banks, vendors, and anyone performing due diligence on your company.

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What You'll Need Before Filing

Before you can file your Certificate of Publication, you must have the following:

1. Both Affidavits of Publication

You need original, notarized affidavits from:

• The daily newspaper that published your notice
• The weekly newspaper that published your notice

Photocopies are not acceptable for the initial filing. Each affidavit must be signed and notarized by a representative of the newspaper.

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

2. Completed Certificate of Publication Form

The official form is DOS-1708-f-L (Certificate of Publication for Domestic Limited Liability Company).

You can download it from the NY Department of State website.

The form requires:

• Your LLC's exact legal name (must match Department of State records)
• The date your Articles of Organization were filed
• County where your LLC's office is located
• Names of both newspapers
• Publication dates (first and last)
• Signature of an authorized member or manager

Critical: Your LLC name and filing date must match the Department of State's records exactly. Even minor discrepancies (like punctuation or spacing) will cause rejection.

3. Filing Fee

The filing fee is $50, payable by:

• Check or money order (made payable to "New York Department of State")
• Cash (if filing in person)
• Credit card (MasterCard, Visa, or American Express) using the Credit Card Authorization Form

If paying by credit card and mailing your filing, you must also include the Credit Card/Debit Card Authorization Form (available on the DOS website).

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Step-by-Step Filing Process

Step 1: Complete the Certificate of Publication Form

Fill out the DOS-1708-f-L form completely and accurately:

1. LLC Name: Enter your company's exact legal name as it appears on your Articles of Organization
2. Filing Date: The date your Articles of Organization were filed with the Department of State
3. County: The county where your LLC's office is located
4. First Newspaper: Name of the daily newspaper, dates of publication (first and last)
5. Second Newspaper: Name of the weekly newspaper, dates of publication (first and last)
6. Signature: An authorized member or manager must sign and date the form

Pro tip: Before signing, double-check that all information matches your Articles of Organization and the affidavits. Mismatches are the most common reason for rejection.

Step 2: Attach Both Affidavits

Staple or paperclip (do not tape) both original, notarized affidavits to the completed Certificate of Publication form.

The affidavits should be placed behind the certificate form in your filing package.

Step 3: Prepare Payment

Include one of the following:

• A check or money order for $50 made payable to "New York Department of State"
• A completed Credit Card Authorization Form if paying by card

Step 4: Mail Everything to the Department of State

Place all documents in an envelope and mail to:

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

Note: As of 2025, there is no online filing option for Certificates of Publication. All filings must be submitted by mail.

Step 5: Consider Expedited Processing (Optional)

Standard processing typically takes 7-10 business days after your filing is received.

If you need faster processing, the Department of State offers expedited services for an additional fee:

To request expedited processing, include a separate check for the expedite fee and write "EXPEDITED" clearly on the envelope.

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Timeline: How Long Does It Take?

Here's the complete timeline from publication to final compliance:

Total timeline from final publication to state approval: Approximately 3-5 weeks with standard processing.

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What Happens After Filing

Processing and Approval

Once received, the Department of State will:

1. Review your Certificate of Publication for completeness and accuracy
2. Verify that both affidavits are attached and notarized
3. Confirm that your LLC name and filing date match their records
4. Process the $50 filing fee

If everything is in order, they will:

• Stamp the certificate as "Filed"
• Update your LLC's public record to show compliance
• Return a stamped copy to you (if you included a self-addressed stamped envelope)

Viewing Your Updated Status

You can verify that your Certificate of Publication has been filed by searching the New York Department of State business entity database.

Search for your LLC by name. Once the certificate is processed, the record will show "Certificate of Publication – Filed" with the filing date.

What If Your Filing Is Rejected?

Common reasons for rejection include:

• Name mismatch: LLC name doesn't match Department of State records exactly
• Missing affidavits: One or both affidavits not included
• Incorrect dates: Publication dates don't match affidavits
• Unsigned form: Certificate not signed by an authorized person
• Insufficient payment: Filing fee incorrect or payment method not accepted

If rejected, the Department will return your filing with an explanation. You'll need to correct the issue and resubmit.

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Common Mistakes to Avoid

1. Filing Too Early

Don't file until you have both original affidavits. Filing without both affidavits will result in rejection and delay.

2. Name Discrepancies

Even minor differences between your Certificate of Publication and your Articles of Organization will cause rejection. Check:

• Capitalization
• Punctuation
• Spacing
• Abbreviations (e.g., "LLC" vs "L.L.C.")

3. Using Photocopies of Affidavits

The Department of State requires original, notarized affidavits. Photocopies are not accepted for the initial filing.

4. Missing the 120-Day Deadline

While you can file late, filing within 120 days of your LLC's formation avoids suspension. If you're past the deadline, your LLC's authority to do business is suspended until you file—but filing late will annul the suspension.

5. Forgetting to Include Return Postage

If you want a stamped copy of your Certificate returned to you, include a self-addressed stamped envelope. Without it, you'll need to rely on the online database to verify filing.

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Late Filing: What If You Missed the 120-Day Deadline?

Under Section 206, LLCs must complete publication and file the Certificate of Publication within 120 days of formation.

If you miss this deadline:

• Your LLC's authority to conduct business is suspended
• The suspension does not invalidate contracts or make members personally liable
• Filing a late Certificate of Publication annuls the suspension retroactively

In other words: Even if you're late, you can still file. The filing will restore your LLC's authority to do business, and the suspension is treated as if it never happened.

However, some banks and vendors may be reluctant to work with LLCs showing a suspension on their public record, even if it's later annulled. It's always better to file on time.

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How LLC Publishers Handles Filing for You

When you use LLC Publishers, we handle the entire Certificate of Publication filing process:

1. We collect both affidavits from the newspapers
2. We verify that the affidavits are correct and notarized
3. We complete the Certificate of Publication form accurately
4. We file everything with the Department of State on your behalf
5. We track the filing and notify you when it's approved

You don't have to worry about forms, deadlines, or rejection. 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 Filing the Certificate of Publication

Do I need to file in person or can I mail it?

You can mail your Certificate of Publication to the Department of State. As of 2025, there is no online filing option. In-person filing is possible at the Albany office, but most filers use mail.

Can I file before the 120-day deadline even if I haven't finished publication?

No. You cannot file the Certificate of Publication until publication is complete and you have received both affidavits. The certificate must certify completed publication.

What if I filed my Articles of Organization in one county but published in another?

This will cause rejection. Your publication must occur in the county where your LLC's office is located, as stated in your Articles of Organization. If you published in the wrong county, you may need to republish.

How do I know if my filing was approved?

You can check the NY Department of State business entity database. Search for your LLC and look for "Certificate of Publication – Filed" in the entity record.

Is there a penalty for filing late?

There is no monetary penalty for late filing, but your LLC's authority to do business is suspended until you file. The suspension is annulled once you file, but it appears on your public record until then.

Can I get a stamped copy of my Certificate back?

Yes, but only if you include a self-addressed stamped envelope with your filing. Otherwise, you'll need to request a certified copy later (for an additional fee).

What if there's an error in the affidavit?

Contact the newspaper immediately to request a corrected affidavit. You cannot file until the affidavit is accurate. 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

• The Certificate of Publication is filed after you complete publication and receive both affidavits
• The official form is DOS-1708-f-L, available from the NY Department of State
• The filing fee is $50, with optional expedited processing available
• You must mail the certificate with both original affidavits to the Division of Corporations in Albany
• Standard processing takes 7-10 business days after receipt
• Filing late annuls the suspension but should be avoided when possible
• LLC Publishers can handle the entire filing process for you

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Ready to complete your LLC publication requirement? Let LLC Publishers handle it all—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