Requirements & Compliance

NY LLC Publication Requirement: Complete Step-by-Step Guide

October 17, 2025

Updated October 17, 2025

14 min read

Introduction

If you're forming an LLC in New York, there's a requirement that catches many business owners off guard: you must publish a notice of your LLC's formation in two newspapers, then file proof with the state.

This isn't optional. Miss the deadline, and your LLC's authority to do business in New York will be suspended.

In this comprehensive guide, you'll learn:

What the law requires and where it comes from (Section 206)
Who must comply with publication requirements
Exactly what "publication" means and how to do it
Deadlines, costs, and consequences of non-compliance
Step-by-step practical guidance
Common mistakes and how to avoid them

By the end, you'll know exactly what to do to satisfy NY's publication requirement and keep your LLC in good standing.

What Law Requires This?

The legal basis for LLC publication in New York comes from Section 206 of the New York State Limited Liability Company Law.

Here's what the law requires:

When an LLC's Articles of Organization become effective, the LLC must publish a copy or summary of the Articles in two newspapers
Publications must run once per week for six consecutive weeks
One newspaper must be weekly, the other must be daily (or published daily)
The newspapers must be those designated by the County Clerk where your LLC's office is located
After publication, you must file a Certificate of Publication plus affidavits of publication from both newspapers with the NY Department of State
All of this must be completed within 120 days of your LLC's formation date

If you fail to complete this process within 120 days, your LLC's authority to conduct business in New York will be suspended until you cure the deficiency.

Important: Noncompliance doesn't invalidate your LLC or existing contracts, but it prevents you from conducting new business and may block you from suing or enforcing contracts in NY courts.

Who Must Comply?

Domestic LLCs

All domestic LLCs (LLCs formed under New York law) must comply with Section 206 publication requirements. No exceptions for size, industry, or business type.

Foreign LLCs

Foreign LLCs (LLCs formed in another state) that register to do business in New York via an Application for Authority must also comply with similar publication requirements.

Professional LLCs (PLLCs)

Professional LLCs are subject to the same publication requirements under Section 1203 of the LLC Law.

Exemption: Theatrical Production Companies

There is one narrow exemption: theatrical production companies that include the phrase "limited liability company" in their name are exempt from the publication requirement.

For practical purposes, if you're forming a standard business LLC in New York, you must comply.

Understanding "Publication": The Details

Which Newspapers You Must Use

You cannot choose any newspapers you want. The law is specific:

Newspapers must be designated by the County Clerk of the county where your LLC's principal office is located (as stated in your Articles of Organization)
One newspaper must be daily (or printed daily)
One newspaper must be weekly
If your county clerk hasn't designated newspapers, you may use newspapers in a contiguous (neighboring) county

Critical: Publishing in non-designated newspapers doesn't count. You must use the County Clerk's designated publications.

Publication Frequency and Timing

Publish once per week
For six consecutive weeks (six weekly issues in a row)
No skipping weeks—the six publications must be consecutive

After completing all six publications, collect affidavits of publication (proof) from each newspaper.

What Your Published Notice Must Include

Your publication notice must contain these specific elements:

LLC name (exactly as it appears in your Articles of Organization)
Filing date of your Articles of Organization
County in New York where the LLC office is located
Street address of the LLC's principal business office
Secretary of State designation: Statement that the NY Secretary of State is designated as agent for service of process, plus the address where process should be mailed
Registered agent (if you have one besides the Secretary of State): Name and address
Dissolution date (if applicable): If your LLC has a specific dissolution date beyond statutory defaults
Business purpose: The general character or purpose of the LLC's business

You may publish either your full Articles of Organization or a condensed notice containing all required elements above.

Filing the Certificate of Publication

After your six weeks of publication:

Collect affidavits of publication from both newspapers (these serve as proof)
Obtain copies of the published notices ("snippets" or "tear sheets")
Complete the official Certificate of Publication form
File the Certificate along with both affidavits and proof of publication with the NY Department of State
Pay the $50 filing fee (regular processing) or higher fee for expedited processing

Where to file: NY Department of State Division of Corporations One Commerce Plaza 99 Washington Avenue Albany, NY 12231

Deadlines, Costs, and Consequences

The 120-Day Deadline

You have 120 days from your LLC's effective formation date to:

Complete all six weeks of publication
File your Certificate of Publication with affidavits

What happens if you miss the deadline?

Your LLC's authority to conduct business in New York is automatically suspended after day 120 until you cure the deficiency.

Cost Breakdown

State filing fee:

Certificate of Publication: $50 (regular processing)
Expedited processing available for additional fee

Newspaper publication costs: This is where costs vary dramatically:

Rural/upstate counties: $200-$400 total for both newspapers
Suburban counties (Nassau, Westchester): $800-$1,200
New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island): $1,000-$1,500+

The newspaper costs depend entirely on the rates set by the County Clerk's designated newspapers. You cannot negotiate or choose cheaper alternatives.

Total cost range: Expect to spend $250-$1,550+ depending on your county.

Consequences of Non-Compliance

If you don't publish within 120 days:

Your LLC's authority to conduct business is suspended
You may be unable to sue or enforce contracts in NY courts
Courts may dismiss legal actions brought by your non-compliant LLC
Your LLC cannot obtain certificates of good standing
Business credibility suffers with partners, lenders, and clients

Important clarifications:

Suspension does NOT invalidate your LLC's existence
Existing contracts remain valid
Third-party rights are not affected
You CAN cure the deficiency even after suspension

How to cure after suspension:

File your Certificate of Publication with affidavits (even late) and the suspension is annulled. Your LLC's authority is restored.

Step-by-Step: How to Complete Publication

Follow this practical checklist to satisfy NY's LLC publication requirement:

Step 1: Obtain Your Formation Documents

Get a copy of your filed Articles of Organization and the Department of State filing receipt. You'll need this when contacting the County Clerk.

Step 2: Contact the County Clerk

Contact the County Clerk in the county where your LLC's office is located (as stated in your Articles).

Ask for:

The designated daily newspaper for legal notices under Section 206
The designated weekly newspaper for legal notices under Section 206

Provide them:

Your LLC name
Filing date
Office address
Copy of filing receipt

Step 3: Prepare Your Publication Notice

Create your notice containing all required elements (see "What Your Published Notice Must Include" above).

Options:

Use your full Articles of Organization, or
Create a condensed notice with all required elements

Tips:

Keep language clear and accurate
Double-check LLC name spelling
Verify all dates and addresses
Ask newspapers if they have format requirements

Step 4: Submit to Both Newspapers

Contact both designated newspapers:

Submit your notice text
Arrange for publication once weekly for six consecutive weeks
Pay their publication fees
Get confirmation of publication schedule
Keep all receipts and communications

Step 5: Collect Affidavits and Proof

After completing all six weeks:

Obtain affidavit of publication from each newspaper
Get copies of published notices ("snippets" or "tear sheets")
Verify affidavits include:
- LLC name
- Publication dates
- County
- Newspaper name

Step 6: Complete Certificate of Publication

Fill out the official Certificate of Publication form available from the NY Department of State.

What you'll need:

LLC name
Filing date
County
Designated newspapers' names
Publication dates

Step 7: File with NY Department of State

Mail your complete package:

Include:

Completed Certificate of Publication form
Affidavit from first newspaper
Affidavit from second newspaper
Copies of published notices
$50 filing fee (check or money order)

Send to: NY Department of State Division of Corporations One Commerce Plaza 99 Washington Avenue Albany, NY 12231

Expedited processing: If you need faster processing, include the additional expedited fee and mark your submission accordingly.

Step 8: Verify Acceptance and Keep Records

Wait for Department of State confirmation
If everything is correct, they'll file your Certificate
If your LLC was suspended, authority is now restored
Keep copies of all documents for your records

Retain:

Both affidavits
All publication receipts
Filed Certificate of Publication
Copies of published notices

You may need these for proof of compliance with lenders, investors, partners, or clients.

Practical Example: Albany County LLC

Let's walk through a real-world example:

ABC Consulting LLC forms in Albany County, NY with its principal office in Albany.

Timeline:

Day 1 (June 1): Articles of Organization filed with NY Department of State. 120-day deadline = September 29.

Week 1 (June 3-7):

Contact Albany County Clerk
Receive designated newspapers: Albany Times Union (daily) and Albany County Post (weekly)
Prepare publication notice with all required elements

Week 2 (June 10):

Submit notice to both newspapers
Pay publication fees (approximately $350 total for Albany County)
Confirm publication schedule: Weeks of June 10, 17, 24, July 1, 8, 15

Weeks 2-7 (June 10 - July 15):

Notice runs once weekly for six consecutive weeks in both papers

Week 8 (July 22):

Receive affidavits of publication from both newspapers
Receive copies of published notices
Complete Certificate of Publication form

Week 9 (July 29):

Mail Certificate + affidavits + $50 fee to Department of State
Well within the September 29 deadline

Week 11 (August 12):

Receive confirmation from Department of State
LLC remains in good standing
File all documents for records

Total cost: ~$400 ($350 newspapers + $50 state fee)

Common Questions and Pitfalls

Can I skip publication since LLCs are searchable online?

No. The law specifically requires printed newspaper publication, regardless of online databases or public records. There is no digital substitute.

Can I choose cheaper newspapers to save money?

No. You must use the newspapers designated by the County Clerk. Publishing in non-designated newspapers doesn't satisfy the requirement, even if they're cheaper or more widely read.

What if my county hasn't designated any newspapers?

The law allows you to use designated newspapers in a contiguous (neighboring) county that meet the daily/weekly requirements.

Can I change my LLC address to a cheaper county just for publication?

Some business owners use an address in a lower-cost county for publication purposes, then later file a Certificate of Amendment to change their office address. While this is technically legal, it must be done correctly:

Your Articles must initially list the lower-cost county address
You must actually have some connection to that address
After publication, file a Certificate of Amendment to update your address
This adds complexity and amendment fees (~$60+)

We don't generally recommend this strategy due to potential complications, but it's an option if you're budget-conscious.

What if information changes during the six weeks?

You don't need to amend mid-publication. Continue publishing the original notice as submitted. You can update information through separate filings after publication is complete.

What happens to contracts signed during suspension?

Existing contracts remain valid. The law specifically states that non-compliance doesn't impair existing contracts, rights, or defenses. However, you may be unable to enforce new contracts or bring lawsuits while suspended.

Can I cure publication after the 120-day deadline?

Yes. File your Certificate of Publication with affidavits (even late) and the suspension is annulled. There's no separate penalty beyond the suspension itself.

Is this requirement unique to New York?

Yes. New York is one of very few states still requiring newspaper publication for LLCs. It's a notorious requirement that catches many business owners off guard.

When should I start the publication process?

Recommended timeline:

Immediate (Days 1-14): Contact County Clerk, get designated newspapers
Weeks 3-8: Complete six weeks of publication
Week 9: Collect affidavits, file Certificate
Buffer: Finish by day 100 to allow for any delays

Don't wait until week 16—give yourself plenty of buffer time.

Do I need to publish the full Articles or can I use a summary?

Either option works, as long as a summary includes all required elements listed earlier. Most LLCs use a condensed summary notice to save space (and sometimes money).

County-Specific Cost Considerations

Publication costs vary dramatically by county. Here's a general guide:

Lower-Cost Counties ($200-$400 total)

Most upstate and rural counties:

Albany
Erie (Buffalo)
Monroe (Rochester)
Onondaga (Syracuse)
Broome (Binghamton)

Medium-Cost Counties ($600-$900 total)

Some suburban and mid-sized counties:

Suffolk
Dutchess
Orange
Rockland

High-Cost Counties ($1,000-$1,500+ total)

New York City and expensive suburbs:

New York (Manhattan)
Kings (Brooklyn)
Queens
Bronx
Richmond (Staten Island)
Nassau
Westchester

Why the huge variation?

Newspapers set their own legal notice rates, and the County Clerk designates which papers you must use. In high-population, high-cost-of-living areas, newspapers charge premium rates for legal notices.

You cannot negotiate these rates or substitute cheaper publications.

Final Checklist: NY LLC Publication Compliance

Use this checklist to stay on track:

Formation & Deadline Tracking:

[ ] Note your LLC's formation date
[ ] Calculate your 120-day deadline
[ ] Start publication process by day 14

County Clerk & Newspapers:

[ ] Contact County Clerk for designated newspapers
[ ] Confirm one daily and one weekly newspaper
[ ] Get publication requirements and pricing

Notice Preparation:

[ ] Include LLC name (exactly as filed)
[ ] Include filing date
[ ] Include county and office address
[ ] Include Secretary of State as agent for process
[ ] Include registered agent info (if applicable)
[ ] Include dissolution date (if applicable)
[ ] Include business purpose
[ ] Verify all information is accurate

Publication Process:

[ ] Submit notice to both newspapers
[ ] Pay publication fees
[ ] Confirm six-week publication schedule
[ ] Keep all receipts and confirmations

After Publication:

[ ] Collect affidavit from first newspaper
[ ] Collect affidavit from second newspaper
[ ] Get copies of published notices
[ ] Complete Certificate of Publication form

State Filing:

[ ] Attach both affidavits
[ ] Attach proof of publication
[ ] Include $50 filing fee
[ ] Mail to Department of State
[ ] Track submission and confirm receipt

Record Keeping:

[ ] File all affidavits
[ ] Keep publication receipts
[ ] Store filed Certificate copy
[ ] Keep published notice copies
[ ] Add to LLC compliance records

Key Takeaways

NY's LLC publication requirement is mandatory—not optional—for all domestic LLCs (with rare theatrical exception)

Section 206 requires publication in two designated newspapers (one daily, one weekly) once per week for six consecutive weeks

You have 120 days from formation to complete publication and file your Certificate of Publication

Costs range from $250-$1,550+ depending on your county, with NYC and suburbs being most expensive

Failure to comply results in suspension of your LLC's authority to conduct business until you cure the deficiency

The process takes 8-10 weeks on average, so start early to avoid rushing or missing the deadline

You must use designated newspapers—you cannot choose cheaper alternatives

Suspension can be cured by filing your Certificate and affidavits even after the 120-day deadline

Keep detailed records of all affidavits, receipts, and filed certificates for future proof of compliance

Many business owners hire experts to handle the entire process and ensure compliance

Last updated: October 17, 2025