LLC Publication by State: Why NY Is Most Complex
Most states let you form an LLC without publishing anything in a newspaper. But if you're forming an LLC in New York, Arizona, or Nebraska, you must publish a notice of formation in local newspapers—or risk having your LLC suspended.
Of these three states, New York has the most complex, expensive, and time-consuming publication requirement. Under Section 206 of the New York Limited Liability Company Law, you must publish in two newspapers for six consecutive weeks, in newspapers designated by your county clerk, within 120 days of formation.
This guide breaks down LLC publication requirements across all three states, explains why New York's rule is unique, and shows you how to comply efficiently.
The Big Picture: Only 3 States Require LLC Publication
Out of all 50 states, only three require LLCs to publish a notice of formation in newspapers:
- New York
- Arizona
- Nebraska
Every other state allows you to form an LLC without any newspaper publication requirement. You file your Articles of Organization with the Secretary of State, pay the filing fee, and you're done.
Why do these three states still require publication? The laws date back to an era when newspapers were the primary way to inform the public about new businesses. While most states have eliminated this requirement as outdated and burdensome, New York, Arizona, and Nebraska have kept it on the books.
Key takeaway: If you're forming an LLC in California, Texas, Florida, Delaware, or any of the other 47 states, you can skip this entire process. Only New York, Arizona, and Nebraska require publication.
State-by-State Comparison of LLC Publication Requirements
Let's break down exactly what each of the three states requires:
| Feature | New York | Arizona | Nebraska |
|---|---|---|---|
| Number of newspapers | 2 (one daily, one weekly) | 1 (general circulation) | 1 (general circulation) |
| Duration | 6 consecutive weeks | 3 consecutive publications | 3 consecutive weeks |
| Deadline after formation | 120 days | 60 days | No specific deadline (must file proof within 45 days after publication) |
| Who designates newspapers | County clerk | Arizona Corporation Commission (ACC) | LLC chooses (must be legal newspaper) |
| Exception for major counties | None | Yes (Maricopa & Pima counties—ACC publishes online for free) | None |
| Average cost | $150–$2,500+ (varies widely by county) | $60–$120 | $100–$300 |
| Proof of publication filing | Required (Certificate of Publication to NY DOS) | Not required with state (keep affidavit on file) | Required (affidavit to Nebraska SOS) |
| Consequence of non-compliance | LLC authority suspended | LLC may be terminated | LLC may be canceled |
As you can see, New York's requirements are the most extensive:
- Two newspapers instead of one
- Six weeks instead of three publications or three weeks
- County clerk designation adds complexity (you can't just pick any newspaper)
- Costs vary dramatically by county (from $150 in Albany County to $2,500+ in Manhattan)
Let's dive deeper into each state's specific requirements.
New York LLC Publication Requirement (Section 206)
New York's LLC publication requirement is codified in Section 206 of the New York Limited Liability Company Law. Here's what it requires:
The Requirement
Within 120 days of your LLC's formation (or qualification as a foreign LLC), you must:
- Publish a copy of your Articles of Organization (or a notice) in two newspapers
- One newspaper must be daily, one must be weekly
- Both newspapers must be designated by the county clerk in the county where your LLC's office is located
- Publish once per week for six consecutive weeks in both newspapers
- Obtain affidavits of publication from both newspapers after publication is complete
- File a Certificate of Publication with the New York Department of State, along with both affidavits and a $50 filing fee
Why New York Is Different
County clerk designation: You cannot choose your own newspapers. The county clerk maintains a rotating list of approved newspapers and designates which ones you must use. This is unique to New York.
Two newspapers: Most publication requirements (in other states or for other legal notices) require only one newspaper. New York requires two.
Six weeks: This is twice as long as Arizona's requirement and comparable to Nebraska's three weeks (but with two newspapers, so twice the work).
High costs in NYC: Publishing in Manhattan can cost $1,500–$2,500+ because the New York Law Journal (mandatory for New York County) charges premium rates. In contrast, Albany County publication costs only $150–$300.
Certificate of Publication filing: After publication, you must prepare a Certificate of Publication form (DOS-1708-f-L), attach both affidavits, and file it with the NY Department of State. Failure to file this within 120 days results in suspension.
Consequences of Non-Compliance
If you don't complete the publication requirement within 120 days, your LLC's authority to do business in New York is suspended. This means:
- Your LLC cannot legally conduct business
- You cannot sue or enforce contracts in New York courts
- Your LLC remains liable for taxes and fees
- You must complete publication and pay a $50 penalty to be reinstated
Learn more about what happens if you miss the publication deadline.
Cost Breakdown by County
Publication costs vary dramatically depending on which New York county your LLC is located in:
- Manhattan (New York County): $1,500–$2,500+
- Brooklyn (Kings County): $550–$1,500+
- Queens County: $475–$850+
- Bronx County: $850–$1,450+
- Staten Island (Richmond County): $575–$950+
- Albany County: $150–$300 (cheapest in NY)
- Suffolk County: $800–$1,200+
- Westchester County: $650–$1,100+
See our complete county-by-county cost breakdown for detailed pricing.
Cost-saving strategy: Many business owners use an Albany County address for their LLC's principal office, even if they operate elsewhere in New York. This is legal and can save $1,350–$2,200 compared to publishing in Manhattan. Learn more about saving on publication by changing your county.
How We Help
LLC Publishers handles the entire New York publication process for one all-inclusive price. We:
- Work directly with county clerks to get newspaper designations
- Publish in both designated newspapers for six consecutive weeks
- Collect affidavits from both newspapers
- Prepare and file your Certificate of Publication with NY DOS
Get started today | View pricing
Arizona LLC Publication Requirement
Arizona's publication requirement is simpler and cheaper than New York's, but it still requires attention to detail.
The Requirement
Within 60 days of your LLC's formation, you must:
- Publish a notice three times in a newspaper approved by the Arizona Corporation Commission (ACC)
- The newspaper must be in the same county as your LLC's statutory agent address
- Keep the Affidavit of Publication on file with your LLC records (you do NOT file it with the state)
Important Exception: Maricopa and Pima Counties
If your LLC's statutory agent is located in Maricopa County (Phoenix area) or Pima County (Tucson area), you do not need to publish in a newspaper at all.
The Arizona Corporation Commission automatically publishes LLC formations from these counties in their online Public Notice database at no charge. This covers roughly 75% of Arizona LLCs.
Cost and Timeline
- Average cost: $60–$120 for three publications
- Timeline: About 1–2 weeks to complete three consecutive publications
- Affidavit: The newspaper issues an Affidavit of Publication, which you keep on file
Consequences of Non-Compliance
If you don't publish within 60 days, the ACC sends a follow-up notice giving you an additional 30 days to comply. After that, your LLC can be terminated.
Comparison to New York
Arizona's requirement is significantly simpler than New York's:
- Only one newspaper (vs. two in NY)
- Only three publications (vs. six weeks in NY)
- Costs are much lower ($60–$120 vs. $150–$2,500+ in NY)
- No state filing required (just keep the affidavit on file)
- Free for most LLCs (Maricopa and Pima counties)
Nebraska LLC Publication Requirement
Nebraska also requires publication, but the rules are less prescriptive than New York or Arizona.
The Requirement
After forming your LLC, you must:
- Publish a Notice of Organization for three consecutive weeks in a legal newspaper of general circulation near your LLC's designated office
- The notice should include your LLC's name, registered agent's name and address, and principal business address
- File proof of publication (affidavit) with the Nebraska Secretary of State
The law does not specify a hard deadline for when you must publish, but you must file proof of publication within 45 days after the publication is complete. Some sources indicate proof must be filed within six months of formation.
Cost and Timeline
- Average cost: $100–$300
- Timeline: Three consecutive weeks of publication
- Affidavit filing: Must be filed with the Nebraska Secretary of State
Consequences of Non-Compliance
If you fail to file proof of publication, the Nebraska Secretary of State may cancel your LLC.
Comparison to New York
Nebraska's requirement is simpler than New York's but more complex than Arizona's:
- Only one newspaper (vs. two in NY)
- Three weeks vs. six weeks in NY (comparable duration)
- You choose the newspaper (vs. county clerk designation in NY)
- Lower costs ($100–$300 vs. $150–$2,500+ in NY)
- Must file affidavit with state (similar to NY's Certificate of Publication filing)
Why Does New York Still Require Publication?
The publication requirement dates back to the 19th century, when newspapers were the primary way to inform the public about new businesses and legal notices. The idea was to provide transparency—creditors, competitors, and the public could learn about new LLCs.
Today, this rationale is outdated. The internet provides far more effective ways to access business information. New York's Department of State maintains an online database of all LLCs, which is freely searchable.
So why does New York still require publication?
- Legislative inertia: Changing the law would require legislative action, and there's been no strong political push to eliminate it.
- Newspaper industry lobbying: Local newspapers generate significant revenue from legal notices. The New York Law Journal alone earns millions annually from LLC publication ads.
- Revenue for the state: While publication fees go to newspapers (not the state), the $50 Certificate of Publication filing fee generates revenue for the Department of State.
Bottom line: The requirement persists not because it serves a modern purpose, but because it's politically difficult to change and benefits certain stakeholders.
What If You're Not in NY, AZ, or NE?
If you're forming an LLC in any of the other 47 states, you do not need to publish anything in a newspaper.
Simply:
- File your Articles of Organization with your state's Secretary of State (or equivalent)
- Pay the filing fee (typically $50–$500 depending on the state)
- Create an Operating Agreement (recommended but not required in most states)
- Obtain an EIN from the IRS (if you have employees or multiple members)
That's it. No publication, no affidavits, no county clerk involvement.
Popular LLC formation states without publication requirements:
- Delaware
- Wyoming
- Nevada
- Texas
- California
- Florida
- Illinois
- All other states except NY, AZ, and NE
FAQ About LLC Publication Requirements by State
Do I need to publish my LLC in every state?
No. Only three states require LLC publication: New York, Arizona, and Nebraska. If you're forming an LLC in any other state, there is no publication requirement.
What if I have a multi-state LLC?
If you form your LLC in one state (your "home state") and register as a foreign LLC doing business in another state, you must comply with the publication requirements in any state where you register.
Example: If you form a Delaware LLC and then register it as a foreign LLC in New York, you must comply with New York's publication requirement under Section 802 (the foreign LLC equivalent of Section 206). Learn more about foreign LLC publication requirements.
Can I avoid New York's publication requirement by forming in another state?
If you're doing business in New York, you'll likely need to register as a foreign LLC, which triggers the same publication requirement. Simply forming in Delaware or Wyoming won't help if your business operates in New York.
The only reliable way to reduce publication costs in New York is to use an Albany County address, which has the lowest publication costs in the state.
Why is New York's publication requirement so expensive?
Two reasons:
- Newspaper pricing: Newspapers in high-population counties (especially Manhattan) charge premium rates for legal notices. The New York Law Journal is mandatory for New York County and charges $1,500+ for six weeks of publication.
- Two newspapers for six weeks: Publishing in two newspapers for six weeks is simply more expensive than publishing in one newspaper for three publications (Arizona) or three weeks (Nebraska).
Is the publication requirement the same for PLLCs, LPs, and LLPs in New York?
Yes. New York's publication requirement applies to:
- LLCs (Limited Liability Companies)
- PLLCs (Professional Limited Liability Companies)
- LLPs (Limited Liability Partnerships)
- LPs (Limited Partnerships)
All must comply with similar publication requirements under New York law.
What happens if I ignore the publication requirement?
In New York, your LLC's authority to do business will be suspended. You cannot sue in New York courts, and you remain liable for taxes and fees. You must eventually complete publication and pay a penalty to be reinstated.
In Arizona, your LLC can be terminated after a 90-day grace period.
In Nebraska, the Secretary of State may cancel your LLC.
Can I do the publication myself, or do I need a service?
You can do it yourself, but it requires:
- Calling the county clerk to get newspaper designations
- Contacting both newspapers and providing the ad content
- Following up to ensure publication runs correctly for all six weeks
- Obtaining affidavits from both newspapers
- Preparing the Certificate of Publication form
- Filing with NY DOS
Most business owners find it easier to use a service like LLC Publishers, which handles the entire process for one all-inclusive price. View pricing →
How long does the entire publication process take in New York?
Minimum timeline: 6–8 weeks from start to finish:
- 1–2 weeks to get county clerk designation and coordinate with newspapers
- 6 weeks of publication
- 1–2 weeks for newspapers to issue affidavits
- Filing the Certificate of Publication with NY DOS
Total: 8–10 weeks if everything goes smoothly.
Deadline: You must complete everything within 120 days of formation (about 17 weeks), so starting promptly is essential.
See our guide on how long it takes to get affidavits after publication.
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.
Key Takeaways
- Only 3 states require LLC publication: New York, Arizona, and Nebraska. All other states do not.
- New York has the most complex requirement: Two newspapers, six weeks, county clerk designation, and costs ranging from $150 to $2,500+.
- Arizona is simpler and cheaper: One newspaper, three publications, $60–$120 (and free for Maricopa and Pima counties).
- Nebraska is middle ground: One newspaper, three weeks, $100–$300, with less rigid newspaper selection rules.
- Consequences of non-compliance are serious: LLC suspension (NY), termination (AZ), or cancellation (NE).
- Cost-saving strategies exist in New York: Using an Albany County address can save $1,350–$2,200 compared to Manhattan.
- Publication dates back to the 19th century but persists due to legislative inertia and newspaper industry lobbying.
- Foreign LLCs doing business in these states must also comply with publication requirements.
- LLC Publishers handles the entire NY publication process with all-inclusive pricing, saving you time and ensuring compliance. View pricing →
If you're forming an LLC in New York and want to avoid the hassle of navigating county clerks, newspaper designations, and state filings, let us handle it for you.
Need help with New York LLC publication? Get started today or view pricing.