Why Do Some Newspapers Refuse LLC Publication Ads?

If a newspaper has declined to run your LLC publication notice, you're not alone. Not every newspaper in New York can legally fulfill your Section 206 publication requirement, and many newspapers either cannot or choose not to accept these legal advertisements. The good news: understanding why this happens will help you find the right newspapers and complete your publication successfully.

The short answer: Newspapers refuse LLC publication ads for three main reasons: they're not designated by the county clerk, they don't meet the legal definition of a "newspaper of general circulation," or they've made a business decision not to handle legal advertising. Only county clerk-designated newspapers can satisfy your Section 206 requirement.

The Legal Framework: Why Not Just Any Newspaper Works

New York's Section 206 of the Limited Liability Company Law is specific about where you can publish your LLC notice. The statute requires publication in two newspapers:

• One daily newspaper (published at least five days per week)
• One weekly newspaper (published at least once per week)
• Both must be designated by the county clerk where your LLC's office is located

The critical phrase in the law is clear: "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."

This means even if a newspaper accepts your ad and publishes it, if it's not on the county clerk's designated list, the publication doesn't count toward your legal requirement.

Reason 1: The Newspaper Is Not County Clerk-Designated

The most common reason a newspaper refuses your LLC ad is that they're not on the county clerk's approved list for legal notices. This doesn't mean there's anything wrong with the newspaper—it simply means they haven't been designated for this purpose.

How County Clerk Designation Works

Each county clerk in New York maintains a list of newspapers authorized to publish legal notices. The designation process varies by county:

When you contact a newspaper that isn't designated:

• They may decline immediately because they know they can't fulfill the requirement
• They may accept but warn you that their publication won't satisfy Section 206
• They may not know and accept your ad anyway (this is problematic—you'd need to republish elsewhere)

What to Do

Before approaching any newspaper, verify their designation status with your county clerk. This prevents wasted time and money on publications that won't count.

Reason 2: The Newspaper Doesn't Meet General Circulation Requirements

Even if a newspaper wants to accept legal advertising, New York law requires that it qualify as a "newspaper of general circulation." This legal term has specific requirements:

What Makes a Newspaper of "General Circulation"

1. Regular publication schedule — Must publish at a consistent frequency (daily or weekly)
2. Paid subscribers — Cannot be a free newspaper delivered to everyone
3. Editorial content — Must contain news and editorial commentary, not just advertisements
4. Established presence — Typically must have been publishing continuously for at least six months
5. Public availability — Must be available to the general public, not just a specific group

Newspapers That Don't Qualify

Several types of publications cannot legally fulfill your LLC publication requirement:

• Free newspapers — Publications delivered at no charge don't meet the "paid circulation" requirement
• Trade publications — Newspapers targeting specific professions or industries
• Online-only publications — Section 206 requires print newspapers
• Advertising circulars — Publications consisting primarily of ads
• Newsletters — Even widely-read newsletters typically don't qualify
• Magazines — Different publication format doesn't meet newspaper definition

If you approach one of these publications, they should refuse your LLC ad. If they accept it, the publication won't satisfy your legal requirement, and you'll need to publish again in qualified newspapers.

Reason 3: Business Decision Not to Accept Legal Ads

Some newspapers that technically could publish legal notices choose not to. This is a business decision, and there are several reasons behind it:

Why Newspapers Opt Out of Legal Advertising

Administrative burden — Legal notices require precise formatting, specific run schedules (six consecutive weeks), and affidavit preparation. For smaller newspapers, the administrative overhead may not justify the revenue.

Liability concerns — Errors in legal notices can have serious consequences for the LLC owner. Some newspapers prefer to avoid this responsibility.

Space constraints — Newspapers with limited page counts may prioritize other advertising that's more profitable per column inch.

Not part of their business model — Community newspapers focused on local news may not want to dedicate space to legal notices.

What This Means for You

If a newspaper declines for business reasons, respect their decision and move on. There are typically multiple newspapers in each county that do accept legal advertising. Your county clerk can provide the full list of options.

What If Your County Has Limited Newspaper Options?

Some New York counties, particularly rural ones, have very few newspapers that meet the requirements. What happens then?

Contiguous County Provision

Section 206 includes a provision for counties that lack appropriate newspapers. If your county doesn't have both a qualifying daily and weekly newspaper, you may use newspapers from a contiguous (neighboring) county that meet the requirements.

However, this requires:

• Documentation that your county lacks appropriate options
• County clerk approval of the contiguous county newspapers
• The contiguous newspapers to still publish in print

NYC Special Considerations

In New York City's five counties (Manhattan, Brooklyn, Queens, Bronx, Staten Island), the court system manages newspaper designations. The Queens County Clerk's Office, for example, uses a rotating list system where newspapers are assigned in order as requests come in.

You don't get to choose your newspapers in NYC—they're assigned to you. This prevents the problem of newspapers refusing your ad, since you're working with the system rather than approaching papers directly.

Common Mistakes to Avoid

Mistake 1: Publishing in Any Newspaper That Accepts Your Ad

Just because a newspaper says yes doesn't mean they're authorized. Always verify with the county clerk first.

Mistake 2: Assuming Online Publication Counts

Even if a print newspaper also publishes your notice online, only the print edition counts. And online-only newspapers cannot satisfy Section 206.

Mistake 3: Not Getting Written Confirmation of Designation

Before paying for publication, ask the newspaper to confirm in writing that they're currently designated by your county clerk. This protects you if there's any dispute later.

Mistake 4: Giving Up After One Refusal

One newspaper refusing your ad doesn't mean you're stuck. Every county has designated options—you just need to find them.

How to Find Newspapers That Will Accept Your LLC Ad

Follow this process to avoid refusals and ensure valid publication:

Step 1: Contact Your County Clerk

Call or email your county clerk's office and request the current list of designated newspapers for LLC publication. Most counties publish this information online as well.

Step 2: Verify Each Newspaper Is Still Active

Newspapers close or change status. Verify that your designated newspapers are still publishing before committing.

Step 3: Get a Quote and Confirm Requirements

Contact the newspaper directly to:

• Confirm they accept LLC publication notices
• Get pricing for six consecutive weeks
• Understand their submission requirements
• Confirm affidavit availability

Step 4: Submit Your Notice Correctly

Provide accurate information for your LLC notice, including:

• Exact LLC name as filed
• Date of formation
• County of office location
• Registered agent information
• Character and purpose of business

How LLC Publishers Handles This for You

Finding designated newspapers, confirming their status, and coordinating publication can be time-consuming. At LLC Publishers, we handle the entire process:

• We know the designated newspapers in every New York county
• We have established relationships with these newspapers, so there are no refusals
• We verify current designation status before publishing your notice
• We collect affidavits directly from both newspapers
• We file your Certificate of Publication with the NY Department of State

For one all-inclusive price, you avoid the research, the phone calls, and the risk of publishing in the wrong newspaper. View pricing or get started today.

Frequently Asked Questions

Can a newspaper refuse my LLC ad for any reason?

Yes. Newspapers are private businesses and can decline advertising for various reasons, including not being designated for legal notices, business policy, or capacity constraints. This doesn't prevent you from completing your publication—you just need to find newspapers that are both designated and willing.

What if all designated newspapers in my county refuse?

This is extremely rare. If it happens, contact your county clerk for guidance. You may be able to use the contiguous county provision or the clerk may designate additional newspapers.

Do I get a refund if a newspaper refuses after I pay?

This depends on the newspaper's policy. Reputable newspapers that handle legal notices typically confirm acceptance before taking payment. If you're concerned, get written confirmation before submitting payment.

How do I know if a newspaper is "of general circulation"?

General circulation newspapers have paid subscriptions, regular publication schedules, and contain news and editorial content. If a newspaper is delivered free, focuses on a specific industry, or is primarily advertising, it likely doesn't qualify. Your county clerk's designated list only includes qualifying newspapers.

Can I publish in more newspapers than required?

Yes, but it's unnecessary. Section 206 requires only one daily and one weekly newspaper. Publishing in additional papers adds cost without legal benefit.

What if I already published in an unauthorized newspaper?

That publication doesn't count toward your Section 206 requirement. You'll need to publish again in county clerk-designated newspapers and complete the full six-week run in each.

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

• Only county clerk-designated newspapers can satisfy your Section 206 publication requirement
• Newspapers may refuse LLC ads because they're not designated, don't meet general circulation requirements, or have made a business decision not to handle legal advertising
• Free newspapers, online-only publications, and trade journals do not qualify for LLC publication
• Always verify designation status with your county clerk before paying for publication
• If your county has limited options, the contiguous county provision may allow you to use neighboring county newspapers
• Publishing in an unauthorized newspaper wastes time and money—you'll need to republish in approved papers
• LLC Publishers handles newspaper selection and coordination, eliminating the risk of refusals or invalid publication