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New York LLC publication requirement

New York LLC Publication & Certificate of Publication

New York LLCs generally must publish their formation notice in two county-designated newspapers for six consecutive weeks and file proof with the Department of State within 120 days. We coordinate the newspapers, prepare the notice, obtain the affidavits, and help with the Certificate of Publication.

Start a NY LLC Publication Form a New York LLC Publication Questions

What is the New York LLC publication requirement?

Section 206 of the New York Limited Liability Company Law requires most domestic LLCs to publish a copy of their Articles of Organization, or a notice containing the substance of the Articles, in two newspapers in the county where the LLC’s office is located. One newspaper must be printed weekly and the other must be printed daily. The newspapers are designated by the county clerk.

The notice must be published once each week for six successive weeks. Within 120 days after the Articles of Organization become effective, the LLC must file a Certificate of Publication with the New York Department of State, with the affidavits of publication from both newspapers attached. The current Department of State filing fee is $50, in addition to the newspapers’ publication charges.

If the Certificate of Publication is not filed within the 120-day period, the LLC’s authority to carry on, conduct, or transact business in New York is suspended. The suspension can be annulled after proof of publication is filed in substantial compliance with the statute, but the gap can affect banking, contracts, and ordinary business operations.

How we handle the New York LLC publication

  1. Confirm the LLC’s formation or authority date, county, and the information that must match the Department of State record.
  2. Identify the county-designated daily and weekly newspapers and obtain their current publication requirements and charges.
  3. Prepare the notice and coordinate the six consecutive weekly publications in both newspapers.
  4. Obtain the affidavits of publication and prepare the Certificate of Publication package.
  5. Assist with filing the Certificate of Publication with the New York Department of State within the 120-day deadline.

Information included in the published notice

  • The exact name of the limited liability company.
  • The date the Articles of Organization were filed with the Department of State, and the formation date if it differs.
  • The New York county where the LLC’s office is located.
  • The street address of the principal business location, if any.
  • The statement that the Secretary of State is designated as agent for service of process, and the address for forwarding process.
  • Registered agent information, if the LLC has one.
  • Any specific date of dissolution stated in the Articles.
  • The character or purpose of the LLC’s business.
Accuracy matters: the published name and information should match the Department of State record. We compare the notice against the filed Articles before publication begins.

New York LLC publication timeline

StepTiming
Articles of Organization effectiveDay 0
First newspaper publicationBegin as soon as the county designations and notice are confirmed
Six-week publication runOnce each week for six successive weeks in both newspapers
Certificate of Publication filedWithin 120 days after the Articles become effective, with affidavits and fee

Exemptions and foreign LLCs

A limited exemption from the newspaper publication requirement exists under Section 23.03 of the New York Arts and Cultural Affairs Law. Whether an exemption applies depends on the LLC’s purposes and activities, so it should be reviewed by your attorney.

A foreign LLC authorized to do business in New York generally has a similar publication requirement after filing its Application for Authority under Section 802 of the LLC Law. Contact our office with the filing date and designated county so we can confirm the deadline and coordinate the publication.

Official New York resources

New York LLC publication questions

Most New York domestic LLCs must publish a copy of their Articles of Organization or a notice containing the substance of the Articles within 120 days after the Articles become effective. A limited exemption exists under Section 23.03 of the New York Arts and Cultural Affairs Law, and foreign LLCs have a similar requirement after filing an Application for Authority. Your attorney can confirm whether an exemption applies.

Publication is made in the county where the LLC’s office is located, in two newspapers designated by the county clerk: one newspaper printed weekly and one printed daily. In New York City, the designation follows the rules for notices or advertisements of judicial proceedings. If the county has no designated weekly or daily newspaper, a qualifying newspaper in a contiguous county may be used.

The notice must be published once each week for six successive weeks in both newspapers. The first publication must occur, and the Certificate of Publication with the newspaper affidavits must be filed with the New York Department of State, within 120 days after the Articles of Organization become effective. We coordinate the six-week run and track the deadline.

If proof of publication is not filed within 120 days after formation, the LLC’s authority to carry on, conduct, or transact business in New York is suspended. The suspension can be annulled after the LLC files proof of publication in substantial compliance with the statute, but the delay can disrupt business and banking. It is better to coordinate publication promptly after formation.

The notice generally must include the LLC name, the date the Articles of Organization were filed and the formation date if different, the New York county where the office is located, the principal business street address if any, the Secretary of State’s designation as agent for service of process and the address for forwarding process, any registered agent information, any specific dissolution date, and the character or purpose of the business. The information must match the Department of State records.

The LLC files the Certificate of Publication with the New York Department of State, with the affidavits of publication from both newspapers attached and the required filing fee. M. BURR KEIM COMPANY can coordinate the newspaper publication, obtain the affidavits, prepare the certificate package, and assist with the filing.

Yes, a foreign LLC authorized to do business in New York generally must publish after filing its Application for Authority. The publication must run once a week for six successive weeks in two newspapers in the county of its designated office, one weekly and one daily. Contact our office with the filing date and county so we can confirm the applicable deadline.

This page is general information, not legal advice. Publication requirements, fees, and county newspaper designations can change. Confirm the current requirements with the New York Department of State, the county clerk, or your attorney.