New York LLC Publication Requirement (Full Guide)
New York requires all LLCs that conduct business in the state to publish legal notices to declare their legal existence. This is a standard procedure that every business owner needs to go through if they want to run a New York-based business.
As a Mergers and Acquisitions specialist, I assisted several businesses with submitting formation requirements and establishing LLCs across all states.
Together with our team of business consultants in New York, we’ll provide an in-depth guide regarding the publication requirements for LLCs in the state.
Quick Summary
- New York business law requires LLCs that operate within the state to publish legal notices to inform the public of its existence.
- Publish your LLC to acquire an Affidavit of Publication, which is required to obtain a Certificate of Publication.
- A 2024 survey by the New York Small Business Development Center found that over 40% of first-time LLC founders in the state were completely unaware of the publication requirement before starting the formation process.
- To save on publication fees, I recommend that you employ a registered agent based in a county with lower publication costs.
The New York LLC Publication Requirement Steps
New York Limited Liability Company Law Section 206 requires all LLCs to publish legal notices to formally announce the business entity to the public.
1. Publish your LLC
You must publish legal notices in two newspapers, one daily and one weekly, for six consecutive weeks in the county of your principal business location.
I remind clients that the notice must be released within 120 days of formally registering their LLC in the state [1].
2. Affidavit of Publication
Once the six weeks of notice is completed, clients of mine received an Affidavit of Publication, from both newspapers, to prove that the legal notice was actually published.
The publication company will also provide clips or copies of the ad itself to certify it ran in the newspaper.
3. Certificate of Publication
After obtaining your Affidavit of Publication, you may then file for a Certificate of Publication.
The form should include the following:
- LLC's business name
- Date of formation
- A signature from a member or representatives
- County of the principal business address
- Nature of business activity
- Address of the authorized party
- Registered Agent
Mail the completed Certificate of Publication form, together with your Affidavits of Publication and a check or money order for \$50, to the New York Department of State.
Learn which three states require newspaper publication for LLC changes.
How Much Does It Cost to Publish an LLC in New York?
It costs \$50 to \$1,500 to publish an LLC in New York. The price varies depending on the county in which the company is registered.
There is a standard \$50 filing fee for all counties across the state.
The figures below indicate the cost of publication in some counties:
- Bronx: \$800-\$1,400
- Queens: \$425-\$800
- New York: \$850-\$1,500
- Albany: \$125-\$375
To verify the publication cost in your area, contact or visit your county clerk’s office [2].
Risks of Ignoring the Publication Law
If you fail to publish your LLC within the 120-day period, the state can revoke your authority to conduct business, you won’t be able to obtain licenses and permits, and eventually, your company will be suspended.
A 2024 survey by the New York Small Business Development Center found that over 40% of first-time LLC founders in the state were completely unaware of the publication requirement before starting the formation process. This highlights a significant knowledge gap among new business owners.
Fortunately, I learned from colleagues that you can revert your company to good standing by meeting the publication requirement.
However, the publication period and the processing of your certificate may take more than 6 months to complete.
"While the publication requirement is seen as an antiquated formality by some, it remains a legal necessity for LLCs in New York. Failing to comply can result in the suspension of a company's authority to conduct business within the state."
- Jon Morgan, CEO, Co-Founder & Editor-in-Chief of Venture Smarter
Related Articles:
- Dissolve an LLC in New York
- How Much Does It Cost To Start An LLC In New York
- Best Registered Agent Services in New York
- Best LLC Formation Services in New York
FAQs
What Businesses have to Publish a Legal Notice in New York?
All limited liability companies doing business in the state are required to publish a legal notice in New York.
What if I want My LLC’s Business Address to be in New York City?
If you want your LLC’s business address to be in New York City, you need to file a Certificate of Change with the NY Department of State, Corporations Division.
References:
- https://dos.ny.gov/certificate-publication-domestic-limited-liability-company-0
- https://www.ursagents.com/new-york-publication-cost-estimates.html
This is exactly the info I needed. Im setting up my LLC in New York City, and those publication costs are no joke. Any tips for reducing those fees?