What If the Newspaper Makes an Error in My LLC Publication?
Under Section 206(c) of the NY LLC Law, the information in a published LLC notice is presumed to comply with the statute, and Section 206 has no rule that a newspaper's error voids your publication. Section 206(c) states: "The information in a notice published pursuant to this section shall be presumed to be in compliance with and satisfaction of the requirements of this section." The one kind of publication §206(a) expressly says does not count is a notice run in a newspaper other than the newspapers designated by the county clerk. If the mistake is in the newspaper's affidavit, the newspaper can issue a corrected one. If it is in the printed notice, the affidavit still shows the notice as it ran, so ask the newspaper whether it will rerun the notice, and ask the Department of State how the error affects your filing before you file; the NY Department of State reviews your Certificate of Publication with the affidavits when you file.
Publication Error Quick Facts
Substantial Compliance Under Section 206
Section 206 contains a presumption of compliance for the information in published notices, in §206(c), and uses the phrase "substantial compliance" only where it describes annulling a suspension. Section 206(c) states:
"The information in a notice published pursuant to this section shall be presumed to be in compliance with and satisfaction of the requirements of this section."
An LLC that does not file proof of publication within 120 days after its formation has its authority to do business suspended. Section 206(a) says that suspension "shall be annulled" if the LLC later files proof of publication "in substantial compliance with the provisions (other than the one hundred twenty day period) of this subdivision". Neither provision mentions errors or says that a newspaper's error voids a publication.
The requirement itself, as Section 206(a) sets it out:
- Publication in two newspapers, one weekly and one daily, designated by the county clerk (the statute has a separate rule for a county where the clerk has not designated a weekly or daily newspaper)
- Publication once in each week for six successive weeks
- A notice that includes the items Section 206 lists about your LLC
- Proof of publication filed with the Department of State: the Certificate of Publication with the newspapers' affidavits annexed
Errors During the Six-Week Publication
Section 206's provision for the middle of the run is about a change in the notice's information, such as the LLC's address changing mid-run; it does not mention newspaper errors. Section 206 states:
"Where, at any time after completion of the first of the six weekly publications required by this subdivision and prior to the completion of the sixth such 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."
For a newspaper error spotted mid-run, the fix goes through the newspaper:
- Ask the newspaper for a correction — Explain the error in writing and ask whether it will run a corrected reprint
- Ask how the affidavit will read — It states the dates and text of the notice as it ran; ask whether it will show the error, the correction, or both
- Keep a record — Save each issue with the error and your correspondence for when you file with the Department of State
Errors Discovered After Publication Completes
Section 206's provision for after the sixth publication is also about a change in the notice's information, such as the LLC's address changing after the run, not a newspaper error. Section 206 states:
"Where, at any time after completion of the six weekly publications required by this subdivision, 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."
At this stage, compare each newspaper's affidavit with the notice you provided before you submit your Certificate of Publication. A newspaper can reissue an affidavit that misstates the facts. An error in the printed notice itself is not fixed by the affidavit, which states the notice as it ran: ask the Department of State or an attorney how it affects your filing before you file.
Types of Errors: Minor, Moderate, and Critical
The groups below rank errors by how urgently to raise them with the newspaper, not by what the Department of State will accept.
Minor Errors (Lower Priority)
- Typos in addresses — "123 Main St" vs. "123 Main Street"
- Formatting differences — Line breaks, capitalization, punctuation
- Date format variations — "January 15, 2025" vs. "01/15/2025"
- Minor wording changes — "formed under" vs. "organized pursuant to"
Raise these with the newspaper too, so the affidavit you file matches your notice.
Moderate Errors (May Need Clarification)
- Incorrect office address (but correct county)
- Misstated publication dates in the affidavit (dates that do not match when the notice ran)
- Wrong formation date by a few days
An affidavit that misstates facts can be corrected by the newspaper that issued it; ask it to correct these before you file.
Critical Errors (Serious Issues)
- Wrong LLC name — Compare the name in the notice with the Department of State records
- Missing a required item (for example, the purpose statement)
- Wrong formation date by months — Could indicate a different LLC
- Wrong county — The notice states the wrong county, or it ran in newspapers from the wrong county
- Non-designated newspapers — Section 206 addresses this one expressly (see below)
For any of these, contact the newspaper right away and, before you file, ask the Department of State or an attorney how the error affects your filing.
Non-Designated Newspapers: What Section 206 Says
Section 206(a) states: "A copy or notice published in a newspaper other than the newspaper or newspapers designated by the county clerk shall not be deemed to be one of the publications required by this subdivision." It is the only error on this page that Section 206 addresses expressly. If you are unsure whether a paper is one of the newspapers designated by the county clerk, the clerk's office is the source.
What to Do If the Newspaper Made an Error
A newspaper's error is corrected by the newspaper that made it: it can reissue an affidavit that misstates the facts, and it can rerun a notice it printed incorrectly.
Step 1: Document the error
Save a copy of the incorrect publication, note the date and issue, and compare it to the notice content you provided.
Step 2: Contact the newspaper immediately
Explain the error in writing and ask for a corrected affidavit, plus a corrected reprint if the error is significant; ask whether the newspaper will cover the cost, since the error was its own.
Step 3: Assess whether republication is necessary
Section 206 names one situation where a publication does not count: "A copy or notice published in a newspaper other than the newspaper or newspapers designated by the county clerk shall not be deemed to be one of the publications required by this subdivision." It does not say that a newspaper's error requires republication. The Department of State reviews your Certificate of Publication and affidavits when you file. Your options include:
- Waiting for a corrected affidavit — For an error in the affidavit itself, then filing with the corrected version
- Filing as-is — With the affidavit as issued, for the Department of State to review
- Asking first — Contacting the Department of State before filing if you are unsure how an error affects your filing
Step 4: Verify your affidavits before filing
When you receive your affidavits, check that the LLC name, filing date, county, and address match your state records. Use our pre-filing checklist to catch issues before mailing.
Can You Reject an Affidavit With Errors?
You can ask the newspaper for a corrected affidavit: the affidavit states the dates and the text of the notice as it ran, and the newspaper that issued it can correct one that misstates them.
- Request a corrected affidavit — Explain in writing what is wrong and ask the newspaper to reissue it
- Keep the correspondence — Save the original affidavit, your request, and the newspaper's reply with your records
- Check designation questions with the county clerk — The clerk designates the newspapers under Section 206
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Get StartedFAQ
Do I have to republish if the newspaper made a typo?
Section 206 does not say that a newspaper's typo requires republishing: §206(c) presumes the information in a published notice complies, and the only publication §206(a) says does not count is one run in a newspaper the county clerk did not designate. If the typo is in the newspaper's affidavit, the newspaper can issue a corrected one; if it is in the printed notice, the affidavit shows the notice as it ran, and the Department of State reviews the affidavits when you file.
What if my business address changed after publication started?
If the change happens after the first of the six weekly publications, Section 206 states that "the limited liability company may complete the remaining publications of the original copy or notice." For a change after the sixth publication, it states that "no further or amended publication or republication shall be required to be made." These provisions cover a change in the LLC's information, a different situation from a newspaper's error. Section 206 does not say how the mid-run window applies when your two newspapers started on different dates.
What if the newspaper skipped a week?
Section 206 says the notice "shall be published once in each week for six successive weeks", so treat a skipped week as serious. The newspaper's affidavit states the dates the notice actually ran; confirm them with the newspaper right away, and before you file, ask the Department of State or an attorney how a missed week affects your filing.
What if both newspapers made different errors?
Each newspaper issues its own affidavit, so each error is corrected by the newspaper that made it: ask each for a correction and, where needed, a corrected affidavit.
Can I sue the newspaper for publication errors?
Whether you have a legal claim against a newspaper is a question for an attorney; we cannot answer it. For your filing, the step is the same either way: ask the newspaper to correct its error, with a corrected affidavit for an error in the affidavit, and ask whether it will rerun a notice it printed incorrectly.
What if the Department of State rejects my filing due to an error?
If the Department of State's response points to an error in a newspaper's affidavit, ask that newspaper for a corrected affidavit; if it points to an error in the printed notice, ask the Department of State what it needs and ask the newspaper whether it will rerun the notice. Direct questions about the response to the Department of State, and keep your correspondence with the newspaper as a record of what went wrong.
How do I prevent newspaper errors in the first place?
Request a proof from each newspaper before publication begins. Verify your ad content matches your state records exactly — especially the LLC name, filing date, county, and service of process address. Use our pre-filing checklist to catch issues early.
How We Maintain This Data
This article reflects current New York State law as of October 2026. Our information is based on:
- Section 206 of the NY LLC Law — the statutory text quoted on this page: the §206(c) presumption, the designated-newspaper rule, the change provisions, and the suspension-annulment sentence
- NY Department of State LLC resources — official filing procedures and requirements
- Certificate of Publication form (DOS-1708) — the state filing form
- Our direct experience resolving newspaper errors across New York counties
Last verified: October 2026
LLC Publishers provides LLC publication filing services. This article is for informational purposes only and does not constitute legal advice. For legal questions about your specific situation, consult a licensed attorney.