Original vs Copy Affidavits for NY LLC Publication (2026)
Send original notarized affidavits when filing your Certificate of Publication with the New York Department of State. The Certificate of Publication form (DOS-1708) requires you to attach affidavits from both newspapers — and while the form itself does not explicitly say "original," the Department of State has rejected filings submitted with photocopies. Sending originals is the standard practice that avoids delays and rejection.
Affidavit Filing Facts
What the Department of State Requires
The Certificate of Publication form (DOS-1708) instructs filers to attach "affidavits of the printer, publisher or [their] designee" from both designated newspapers. The form's language does not explicitly use the word "original" — it simply says the affidavits must be "annexed hereto."
However, the Department of State's processing standards treat notarized affidavits as documents that should bear original signatures and notary stamps. In practice, filings submitted with photocopied affidavits have been rejected, adding 2-4 weeks to the process while you obtain and resubmit originals.
Don't Risk a Rejection
Even though the DOS form does not spell out "original only," photocopied affidavits are a common reason for rejection. The safest approach — and the standard one — is to always file with original notarized affidavits.
Why Original Affidavits Matter
An original affidavit of publication is a sworn, notarized document from the newspaper confirming your LLC's legal notice ran for six consecutive weeks as required by Section 206 of the NY LLC Law. Here's why the original matters:
- Notarization integrity — A notary stamp, raised seal, and wet-ink signature are markers of authenticity. A photocopy cannot reproduce a raised notary seal, and DOS staff reviewing filings look for these physical features.
- Legal standing — Affidavits are sworn statements. The original document bearing the notary's signature is the legally operative version. A copy is a reproduction of that document, not the document itself.
- Rejection risk — According to our filing checklist, approximately 25% of Certificate of Publication rejections involve affidavit issues — including photocopies, missing notary stamps, or expired notary commissions.
Always file original notarized affidavits with the Department of State. Photocopies are the single most preventable cause of Certificate of Publication rejection.
Original vs Copy Comparison
| Feature | Original Affidavit | Photocopy |
|---|---|---|
| Notary seal | Raised/embossed seal you can feel | Flat reproduction — no texture |
| Notary signature | Wet ink, original pen marks | Printed reproduction |
| DOS acceptance | Accepted | Typically rejected |
| Legal standing | Sworn original document | Reproduction of the original |
| If lost | Contact newspaper for duplicate original | Not a substitute for the original |
Pro tip: Before mailing your originals to the Department of State, make photocopies or scans for your own records. Once you send the originals, you will not get them back (unless you include a self-addressed stamped envelope requesting a stamped copy of the Certificate of Publication itself).
What to Do If You Lose an Original Affidavit
If an original affidavit is lost, damaged, or never arrived:
- Contact the newspaper directly — Call or email the newspaper that published your notice. Most newspapers can reissue a duplicate original affidavit for a fee (typically $25-$75). Ask for a new notarized original, not a photocopy.
- Allow processing time — Reissuing a notarized affidavit usually takes 1-3 weeks, depending on the newspaper.
- Check with the other newspaper too — You need affidavits from both the daily and the weekly newspaper. Confirm you have both originals before filing.
- Do not file with only one affidavit — The Department of State requires both. Filing with one or none results in rejection.
Track Your Affidavits
Affidavits typically arrive 2-3 weeks after the last ad runs. If you haven't received one after 4 weeks, contact the newspaper — don't wait and risk missing your 120-day deadline.
How to Inspect Your Affidavits Before Filing
When you receive your affidavits, check each one for these elements before sending them to the Department of State:
- LLC name — Must match your LLC name exactly as it appears on your Articles of Organization
- Publication dates — Should show six consecutive weeks of publication
- Notary signature — The notary's original signature in ink
- Notary stamp or seal — A raised embossed seal or ink stamp with the notary's commission details
- Notary commission expiration — The notary's commission must not be expired at the time of notarization
- Newspaper name — Confirms which newspaper issued the affidavit
If anything looks wrong — a misspelled LLC name, incorrect dates, or a missing notary stamp — contact the newspaper to request a corrected affidavit before filing. For details on what to do if the newspaper makes an error, see our dedicated guide.
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We handle everything — newspapers, affidavits, and state filing.
Get StartedHow LLC Publishers Handles Affidavits
When you use LLC Publishers, we manage the entire affidavit process:
- We track publication dates — monitoring both the daily and weekly newspapers throughout the six-week run
- We collect both originals — obtaining the original notarized affidavits directly from each newspaper
- We inspect every affidavit — verifying LLC name, publication dates, notary details, and completeness
- We file with the state — attaching both original affidavits to your Certificate of Publication and submitting the complete package to the Department of State
- We handle any issues — if a newspaper sends an affidavit with errors, we request corrections before filing
You never have to worry about originals vs copies, lost mail, or rejection — we handle it all for a fixed, one-time fee.
How We Maintain This Data
This article reflects current New York Department of State filing practices as of February 2026. Our information is based on:
- Certificate of Publication form (DOS-1708) — the official form and its instructions
- Section 206 of the NY LLC Law — the statutory basis for the affidavit requirement
- NY Department of State LLC resources — official filing guidance
- Our direct experience filing Certificates of Publication across all 62 New York counties
Last verified: February 2026
FAQ
Does the DOS form actually say 'original' affidavits?
No — the Certificate of Publication form (DOS-1708) uses the phrase "affidavits ... annexed hereto" without explicitly saying "original." However, the Department of State's standard practice is to expect original notarized documents. Filings with photocopied affidavits have been rejected. The safest approach is to always submit originals.
Can I send scanned or digital copies instead of paper originals?
No. The Certificate of Publication is filed by mail with the Department of State in Albany. You must include physical, original notarized affidavits in your mailing. Digital scans, PDFs, or emailed copies are not accepted for this filing. New York does accept electronic notarization as of 2023, but most newspaper affidavits are still traditional wet-ink notarized documents.
What if my newspaper only sends one copy of the affidavit?
That's normal — each newspaper sends one original. You need one original from the daily newspaper and one original from the weekly newspaper, for a total of two affidavits. If you want copies for your personal records, photocopy each affidavit before mailing the originals to the Department of State.
How much does it cost to get a replacement affidavit?
Most newspapers charge $25-$75 to reissue a duplicate original notarized affidavit. The exact fee varies by newspaper. Contact the newspaper directly and request a new notarized original — not a photocopy of the original. Processing typically takes 1-3 weeks.
Should I photocopy my affidavits before mailing them?
Yes — always make photocopies or scans of both affidavits before sending them to the Department of State. Once you mail the originals, you will not get the affidavits back. Having copies on file protects you if the mailing is lost or if you need to reference the publication details later.
What happens if DOS rejects my filing because of the affidavits?
The Department of State will return your filing package with a letter explaining the rejection. You will need to obtain correct original affidavits (or replacements) and resubmit the entire package with a new $50 filing fee. This typically adds 2-4 weeks to your timeline. See our pre-filing checklist to avoid common rejection reasons.
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
- Send original notarized affidavits when filing your Certificate of Publication — photocopies are typically rejected by the Department of State
- The DOS form (DOS-1708) says "affidavits annexed hereto" without using the word "original," but the standard practice is to require originals with authentic notary stamps and signatures
- You need two original affidavits — one from the daily newspaper and one from the weekly newspaper designated by the county clerk
- Photocopy your affidavits before mailing — once you send originals to DOS, you will not get them back
- If an original is lost, contact the newspaper to request a duplicate original (not a photocopy) — expect $25-$75 and 1-3 weeks
- Inspect every affidavit before filing — check the LLC name, publication dates, notary signature, seal, and commission expiration
- Approximately 25% of Certificate of Publication rejections involve affidavit issues, making this the most preventable filing mistake
- LLC Publishers collects, inspects, and files both original affidavits as part of our end-to-end service