What If the Newspaper Makes an Error in My LLC Publication?
The Quick Answer: Most Errors Can Be Fixed, and the Law Provides Flexibility
If the newspaper makes an error in your LLC publication notice, you're not automatically out of compliance. New York's LLC Law Section 206 includes a "substantial compliance" standard that provides flexibility for errors, and the specific remedy depends on when the error occurs and how significant it is.
The key factors are: when you discover the error (during the six-week publication period or after), the type of error (minor typo vs. incorrect critical information), and whether the right newspapers were used (county clerk designation matters most).
Here's what you need to know to protect your LLC's compliance.
Understanding "Substantial Compliance" Under Section 206
The New York LLC Law doesn't require perfection — it requires substantial compliance. This is a critical legal concept that protects LLCs from technical mistakes.
According to Section 206 of the NY LLC Law, if your LLC files proof of publication "in substantial compliance with the provisions (other than the one hundred twenty day period)," any suspension of authority can be annulled.
What "Substantial Compliance" Means in Practice
Substantial compliance means that your publication:
- Ran in county clerk-designated newspapers (this is non-negotiable)
- Included the core required information about your LLC
- Ran for six consecutive weeks in both papers
- Was filed with the Department of State along with proper affidavits
Minor errors in wording, formatting, or non-critical details typically do not disqualify your publication from meeting the legal standard.
When the Error Occurs During the Six-Week Publication
If you discover an error after the first publication but before completing all six weeks, Section 206 gives you a choice.
The Law's Explicit Flexibility
Here's what the statute says:
"Where, at any time after completion of the first of the six weekly publications and prior to the completion of the sixth weekly publication, there is a change in any of the information contained in the copy or notice as published, the limited liability company may complete the remaining publications of the original copy or notice, and the limited liability company shall not be required to publish any further or amended copy or notice."
In plain English: You can continue with the original (incorrect) publication and still satisfy the requirement.
What This Means for You
If the newspaper makes an error in week 1 or 2, you have options:
- Continue with the existing notice — The law allows this explicitly
- Request a correction from the newspaper — Some papers will reprint at no cost if they made the error
- Do nothing and complete the six weeks — Then address any issues when filing with the Department of State
Most errors do not require you to restart the six-week clock or republish at additional cost.
When the Error Is Discovered After All Six Weeks Are Complete
If you don't notice the mistake until after all six publications have run, the law is even more lenient.
Post-Completion Changes
Section 206 states:
"Where, at any time after completion of the six weekly publications, there is a change to any of the information contained in the copy or notice as published, no further or amended publication or republication shall be required to be made."
This provision means that once your six weeks are complete, changes in information (including errors) do not require you to republish.
Filing the Certificate of Publication
When you submit your Certificate of Publication to the NY Department of State, it must include:
- Affidavits from both newspapers
- The $50 filing fee
- A completed Certificate of Publication form
The Department of State reviews these materials. If the error is minor (a typo in a street address, formatting issue, or similar), the filing is typically accepted under the substantial compliance standard.
Types of Errors and How Serious They Are
Not all errors are created equal. Here's a breakdown:
Minor Errors (Usually Not a Problem)
- Typos in addresses — "123 Main St" vs. "123 Main Street"
- Formatting issues — Line breaks, capitalization, punctuation
- Date format differences — "January 15, 2025" vs. "01/15/2025"
- Minor wording changes — "formed under" vs. "organized pursuant to"
These typically fall under substantial compliance and are accepted by the Department of State.
Moderate Errors (May Require Clarification)
- Incorrect office address (but same county)
- Missing purpose statement (though "any lawful purpose" is standard)
- Wrong formation date by a few days
These may trigger a question from the Department of State, but can usually be resolved with a letter of explanation or corrected affidavit.
Critical Errors (Serious Issues)
- Wrong LLC name — The name must match Department of State records exactly
- Wrong formation date by months — Could indicate a different LLC
- Wrong county designation — Using newspapers from the wrong county is a compliance failure
- Published in non-designated newspapers — This cannot be remedied under substantial compliance
If you discover a critical error, contact the Department of State or consult an attorney before filing.
What to Do If the Newspaper Made the Error
If the newspaper made a mistake, here's your action plan:
Step 1: Document the Error
- Save a copy of the incorrect publication
- Note the date and issue where it appeared
- Compare it to the notice content you provided
Step 2: Contact the Newspaper Immediately
- Explain the error clearly
- Ask if they will issue a corrected affidavit
- Request a reprint if the error is significant
Most newspapers will correct errors they made at no additional charge, especially if you catch it early.
Step 3: Assess Whether Republication is Necessary
- Minor errors: Proceed with filing as-is
- Moderate errors: Consider a letter of explanation to accompany your Certificate of Publication
- Critical errors: Consult the Department of State (518-473-2492) or an attorney
Step 4: Work with Your Publication Service (If Applicable)
If you're using a service like LLC Publishers, notify us immediately. We handle newspaper communication and Department of State compliance on your behalf, and we'll ensure any errors are addressed properly.
Can You Reject an Affidavit With Errors?
You are not required to accept a defective affidavit. If the newspaper provides an affidavit with significant errors, you can:
- Request a corrected affidavit — Newspapers will typically reissue if they made the mistake
- Withhold payment (if you haven't paid yet) — This gives you leverage
- Escalate to the county clerk — County clerks maintain lists of designated newspapers and can intervene in disputes
However, for minor errors, it's often faster to file with a letter of explanation than to go back and forth with the newspaper.
The Most Important Factor: Were the Right Newspapers Used?
Here's what really matters to the Department of State:
Did you publish in the newspapers designated by the county clerk?
If the answer is yes, most other errors can be remedied. If the answer is no — if you accidentally used a newspaper that wasn't county-approved — that's a fundamental compliance failure that substantial compliance won't fix.
How to Verify Designated Newspapers
Before publication starts, always:
- Contact the county clerk's office where your LLC is located
- Get the current list of designated newspapers (daily and weekly)
- Confirm both newspapers are still approved (newspapers close or change ownership)
Learn more: Which Newspapers Can I Use for My New York LLC Publication?
How LLC Publishers Handles Newspaper Errors
When you use LLC Publishers, we take responsibility for ensuring your publication is compliant:
✅ We proofread all ad content before submission to newspapers ✅ We verify newspapers are county-designated before placing your order ✅ We review affidavits for accuracy before filing with the Department of State ✅ We handle corrections if a newspaper makes an error ✅ We communicate with the Department of State if any issues arise during filing
Our all-inclusive service covers managing the entire process, so you don't have to worry about newspaper mistakes or compliance questions. View pricing →
Get started with LLC Publishers
Common Questions About Publication Errors
What if my business address changed after publication started?
You can complete the remaining weeks with the original address. No amended publication is required under Section 206.
What if the newspaper skipped a week?
This is a problem. Publication must be consecutive for six weeks. If a week was skipped, you may need to start over. Contact the newspaper and the Department of State.
What if both newspapers made different errors?
Each error is evaluated separately. Minor errors in both affidavits may still fall under substantial compliance, but consult the Department of State if you're unsure.
Can I sue the newspaper for mistakes?
Legally, yes, but practically this is rarely worth pursuing for LLC publication. Most newspapers will correct errors they made at no charge, which resolves the issue faster than litigation.
What if the Department of State rejects my filing due to an error?
They will notify you of the deficiency. You can submit a corrected affidavit, a letter of explanation, or (in rare cases) republish. The Department of State is generally reasonable about minor errors.
Key Takeaways
✔ Section 206 allows substantial compliance — perfection is not required ✔ Minor errors during publication do not require republication — you can complete the six weeks as-is ✔ The most critical factor is using county-designated newspapers — this cannot be remedied under substantial compliance ✔ Most newspaper errors can be corrected by requesting a revised affidavit ✔ The Department of State is reasonable about minor mistakes, especially if you provide context ✔ Using a publication service like LLC Publishers eliminates most error risks through professional review and management
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 or publication compliance, 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.
Questions about your LLC publication? Contact LLC Publishers or learn more about our full-service LLC publication process.