Was NY LLC Publication Suspended During COVID? (2026)
No — New York never suspended, paused, or eliminated the LLC publication requirement during the COVID-19 pandemic. Section 206 of the NY LLC Law remained in effect throughout 2020 and 2021, and every LLC formed during the pandemic was still required to publish notice of formation in two designated newspapers. However, Governor Cuomo's Executive Order 202.8 broadly tolled many statutory deadlines for 228 days — which may have affected the 120-day publication deadline for LLCs formed during that period.
COVID & LLC Publication Facts
Was the Publication Requirement Suspended?
No. The Department of State never announced a suspension, pause, or modification to the LLC publication requirement under Section 206 at any point during the COVID-19 pandemic. The requirement to publish in two newspapers for six consecutive weeks and file a Certificate of Publication remained in full effect.
This means:
- LLCs formed in 2020 and 2021 were required to publish — same as any other year
- The publication process itself (newspapers, affidavits, state filing) was unchanged
- The Certificate of Publication form (DOS-1708) was not modified
Still Need to Publish?
If you formed an LLC during the pandemic and never published, your LLC's authority to conduct business in New York is likely suspended. The good news: you can still publish late and fix it — the suspension is retroactively annulled once you complete publication.
What Executive Order 202.8 Actually Did
On March 20, 2020, Governor Cuomo issued Executive Order 202.8, which tolled "any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state" — and also any time limit prescribed "by any other statute, local law, ordinance, order, rule, or regulation."
This tolling was extended nine times throughout 2020 and expired on November 3, 2020 — a total of 228 days during which many statutory deadlines were paused.
Here's where it gets nuanced for LLC publication:
- The 120-day deadline is a statutory time limit under Section 206 — which means it arguably fell within the broad language of EO 202.8
- However, the Department of State never officially confirmed that the 120-day publication deadline was tolled
- Most legal commentary on EO 202.8 focused on statutes of limitations for lawsuits, not administrative compliance deadlines like LLC publication
- The practical effect: whether or not the 120-day clock was formally paused, the publication requirement itself was never eliminated — every LLC still needed to publish
The publication requirement was never suspended. Executive Order 202.8 may have tolled the 120-day deadline, but it did not eliminate the obligation to publish.
Why People Think Publication Was Paused During COVID
This misconception is understandable. During 2020-2021, many government deadlines were genuinely extended or paused:
- Court filing deadlines — tolled for 228 days under EO 202.8
- Statutes of limitations — tolled statewide, affecting pending and new lawsuits
- Tax filing deadlines — the IRS and NYS Department of Taxation extended multiple deadlines
- Biennial statement filings — the Department of State was more lenient on processing times
- Eviction proceedings — multiple moratoriums paused residential and commercial evictions
With so many deadlines paused, it's natural to assume LLC publication was included. But publication is a corporate compliance requirement, not a court filing or tax deadline. The Department of State continued accepting and processing LLC formations and Certificate of Publication filings throughout the pandemic — there was no operational pause.
What If You Formed an LLC During COVID and Never Published
If you formed a New York LLC in 2020 or 2021 and never completed publication, here is your current situation:
- Your LLC still exists — failure to publish does not dissolve your LLC. It is suspended, not terminated.
- Your authority is suspended — under Section 206, your LLC's authority to carry on business in New York was suspended 120 days after formation (or possibly 120 + 228 days for LLCs formed during the EO 202.8 tolling period)
- Your contracts are valid — Section 206(b)(4) explicitly provides that the failure to publish "shall not limit or impair the validity of any contract or act" of the LLC
- You cannot sue in NY courts — courts may dismiss or stay lawsuits filed by LLCs that have not completed publication
- There are no monetary fines — Section 206 does not prescribe fines, penalties, or late fees for delayed publication
For a complete explanation of what suspension means, see our guide: What Happens If You Don't Publish Your NY LLC?
How to Fix It Now
The process is identical whether you're one month late or six years late:
- Verify your LLC details — confirm your LLC name, formation date, and county on the NY Department of State entity search
- Obtain newspaper designation — the county clerk of the county listed on your Articles of Organization designates which newspapers to use
- Publish for six consecutive weeks — in one daily and one weekly designated newspaper
- Collect affidavits — obtain original notarized affidavits from both newspapers
- File Certificate of Publication — submit the Certificate of Publication (DOS-1708) with both affidavits and a $50 filing fee to the Department of State
- Suspension is retroactively annulled — once the Department of State accepts your filing, your LLC's authority is restored as if the suspension never occurred
LLC Publishers handles this entire process for a fixed, one-time fee — including newspaper placement, affidavit collection, and state filing. Whether your LLC was formed last month or during the pandemic, the process is the same.
Formed during COVID and never published?
We handle the entire process — same flat fee whether you're 1 month or 6 years late.
Get StartedHow We Maintain This Data
This article reflects the legal landscape as of February 2026. Our information is based on:
- Section 206 of the NY LLC Law — the statutory basis for the publication requirement
- Executive Order 202.8 — the original executive order tolling statutory deadlines
- NY Department of State LLC resources — official forms and filing guidance
- Legal commentary on EO 202.8's scope from multiple New York law firms
- Our direct experience processing late publication filings for LLCs formed during the pandemic period
Last verified: February 2026
FAQ
Did any executive order specifically mention LLC publication?
No. Executive Order 202.8 used broad language covering "any specific time limit" prescribed by "any statute, local law, ordinance, order, rule, or regulation." It did not specifically name Section 206 or LLC publication. The Department of State never issued guidance confirming whether the 120-day publication deadline was included in the tolling. Most legal analysis of EO 202.8 focused on statutes of limitations for lawsuits rather than corporate compliance deadlines.
Is my LLC dissolved if I formed during COVID and never published?
No. Failure to publish results in suspension of your authority to conduct business — not dissolution. Your LLC still legally exists. Your contracts remain valid under Section 206(b)(4), and you can fix the situation at any time by completing the publication process. Once the Certificate of Publication is filed, the suspension is retroactively annulled.
Are there fines for publishing years late?
No. Section 206 does not prescribe monetary fines, penalties, or late fees for delayed publication. The sole consequence is suspension of authority, which is reversed once publication is completed. Whether you publish one month late or several years late, the process and cost are identical.
Can I still publish even though it has been years since I formed my LLC?
Yes. There is no deadline after which you can no longer publish. You can complete the publication process at any time, regardless of how much time has passed since formation. The six-week newspaper run, affidavit collection, and Certificate of Publication filing work the same way whether your LLC is new or several years old.
Do I need to use the same newspapers that were designated in 2020?
No. Newspaper designations are made by the county clerk at the time you request them. If you request a designation now, the county clerk will assign currently designated newspapers — which may be different from what was designated in 2020. Some newspapers have changed their rates, and some may have closed. The county clerk assigns whatever newspapers are currently approved.
Will the Department of State question why my publication is late?
No. The Department of State processes Certificate of Publication filings without regard to when the LLC was formed. They verify that the filing is complete, the affidavits are valid, and the $50 fee is included. They do not question the timing or impose additional requirements for late filings. See our filing checklist for what they do check.
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. The discussion of Executive Order 202.8 and its potential application to LLC publication deadlines reflects general legal commentary — not a definitive legal determination. For specific legal questions about your LLC or the effect of executive orders on your particular situation, 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
- The LLC publication requirement was never suspended during COVID-19 — Section 206 remained in full effect throughout the pandemic
- Executive Order 202.8 tolled many statutory deadlines for 228 days (March 20 – November 3, 2020), and its broad language may have applied to the 120-day publication deadline — but this was never officially confirmed for LLC publication
- The Department of State continued processing LLC formations and Certificate of Publication filings throughout the pandemic with no operational pause
- If you formed an LLC during COVID and never published, your LLC is suspended but not dissolved — contracts remain valid, but you cannot sue in NY courts or obtain a Certificate of Good Standing
- There are no monetary fines for late publication — whether you're one month late or six years late
- You can fix it at any time by completing the standard publication process — the suspension is retroactively annulled once the Certificate of Publication is filed
- LLC Publishers handles late publication for the same fixed fee as on-time publication — no penalties, no surcharges