Which States Require Newspaper Publication For LLC Changes?
Before launching an LLC in your desired state, you must understand which states require you to meet the newspaper publication requirements.
To help you navigate the newspaper publication requirements, we joined forces with our licensed legal team, who have been in the LLC industry for over a decade.
We spent three weeks researching LLC formation requirements to discover which states require newspaper publication during formation.
Here's everything you should know.
Quick Summary
- New York, Arizona, and Nebraska are the states that require newspaper publication upon company formation and changes to your business.
- Certain states mandate the publication of crucial details about a newly established or changed LLC in local newspapers.
- Data from the Nebraska Secretary of State indicates that the statute impacts over 3,000 LLCs yearly, with nearly 100% compliance in publication requirements.
- While newspaper publication can serve as a transparency measure, in my opinion, it might be seen as an outdated method in the digital age, and states could consider more modern alternatives for public notifications.
What Is A Newspaper Publication?
A newspaper publication is a county-level printed notice of the establishment of the LLC in a local newspaper. The notice includes information about the new LLC or corporation being formed.
Depending on the state, different publications are required. In certain states, corporations and LLCs are covered by this regulation and should post a notice of their establishments in regional or county newspapers.
The notice published in the newspaper should not be lengthy, but it must contain several particular details consisting of the following:
- Name of the LLC or corporation.
- The state's declaration of the date of completion filing.
- County the LLC’s office or corporation is situated in.
- The street address of the LLC or corporation.
- The goal of the business entity.
- Name of the registered agent for the business entity.
However, depending on the state, more information can be needed to publish the notice.
"A publication requirement mandates that certain businesses must publish a brief overview of essential company details in local newspapers as a prerequisite for conducting business within a state."
- Delina Yasmeh, J.D./Tax LL.M, Distinguished Expert in Mergers & Acquisitions
States That Require Newspaper Publication For LLC Changes
The three states that require newspaper publication for LLC changes include:
- New York
- Nebraska
- Arizona
1. New York LLC Newspaper Publication Requirements
After your LLC's establishment, you must publish a notice with a respectable newspaper and pay the publication filing fee.
Following New York’s LLC publication requirement, you have 120 days to start publishing after you have received word that the state has approved your Articles of Organization.
The publication notice must be issued weekly in two newspapers for six consecutive weeks. One must be published weekly, while the other one is published daily in the same county. Note that every newspaper you publish in must have a countywide circulation.
Overseas LLCs granted permission to transact business within the state must also abide by this law and fulfill the New York publication requirements.
An Affidavit of Publication will be returned to you by the newspaper once your New York’s LLC publication requirements have been fulfilled.
An Affidavit of Publication is a sworn legal declaration that the New York LLC publication has been published.
The legal document costs $50 and must be signed and notarized by an authorized newspaper agent.
2. Nebraska LLC Newspaper Publication Requirements
All Nebraska LLCs that transact business there must publish a "Notice of Organization" in a newspaper with broad distribution following Nebraska Revised Statute 21-193 [1].
According to data from the Nebraska Secretary of State's office, this statute affects over 3,000 LLCs annually, ensuring that nearly 100% of new businesses adhere to state publication requirements for transparency and legal compliance.
Once your Nebraska LLC is created, you must publish a notice of organization for three consecutive weeks. This notice must be printed in the county's official newspaper where your LLC conducts business.
You may also post this publication notice in the county where your LLC registered agent is located if there isn't a legal newspaper in your county.
When posting an LLC publication requirement, you must include the following information:
- Name of the entity.
- The street and mailing addresses for your first office location.
- Your first LLC’s registered agent street and postal addresses.
- The business services your company offers.
Regarding Nebraska corporations, you must publish a notice of incorporation in a recognized publication with broad distribution.
The publication notice must have the following details:
- State whether your company is a nonprofit, a for-profit, or a religious organization.
- The title and location of each incorporator.
- Whether LLC members will be a part of your corporation.
Within six months following the conclusion of entity formation, proof of publication must be submitted to the Nebraska Secretary of State.
If you fail to submit this proof, your corporate or LLC actions are void until this requirement has been fulfilled.
Nebraska LLCs and corporations must also publish a notice of the modifications they make for their entities. For example, if your articles of incorporation are amended after formation, if you swap company shares, or if you combine with another entity.
"If you plan to dissolve your LLC or corporation voluntarily, you must also publish a notice of dissolution to notify the state and the public."
- Delina Yasmeh, J.D./Tax LL.M, Distinguished Expert in Mergers & Acquisitions
3. Arizona LLC Newspaper Publication Requirements
Arizona LLCs and corporations must post a newspaper publication upon forming the entity as per Section 29-3201 [2].
However, if your official business address is in Pima or Maricopa Counties, these two jurisdictions automatically publish the notice on behalf of your business.
Once you form your entity, the Arizona Corporation Commission (ACC) will issue you a publication notice which you must fulfill within 60 days.
You must publish the notice with a newspaper that the ACC approves and share certain details about your company, including the name, principal place of business, and registered agent.
If you have a company manager, you should include their contact details in the Arizona newspaper publication.
Arizona corporations also share the same basic information in their newspaper publication. Still, they must include the number of authorized shares and a brief statement of the nature of the business.
Your limited liability company or corporation will be dissolved if you don't comply with the Arizona publication standards within 60 days.
Also, the ACC will send you a follow-up letter informing you that you have 30 days to complete it after your initial 60-day window. If you don't respond after that, your company is terminated.
Publication Requirements For Other Entities
Other states have different LLC publication requirements for business entities.
Georgia and Pennsylvania require only corporations to submit their newspaper publications upon formation.
Also, certain states require newspaper publications for Doing Business As or DBAs. A DBA is a pseudonym trade name that a company uses other than its legal name.
The states that mandate DBA publication include the following:
- Illinois
- California
- Pennsylvania
- Minnesota
- Georgia
- Nebraska
- Florida
FAQs
How Much Does It Cost To Publish a Notice in New York?
It costs roughly $50-$1000 to publish a notice in New York, depending on the county and the local newspaper. There's also a $50 filing fee to get a certificate of publication.
How Much Does It Cost To Publish a Notice in Nebraska?
It costs roughly $40-$250 to publish a notice in Nebraska. When submitting your proof of publication to the Nebraska Secretary of State, you must also pay the filing fee. Online filing costs $25, while in-person and mail filing costs $30.
Do I Need an Attorney To Fulfill My LLC Publication Requirement?
No, you do not need an attorney to fulfill your LLC publication requirement. However, if the application process is complicated, you can hire a professional to handle it.
References:
- https://nebraskalegislature.gov/laws/statutes.php?statute=21-193
- https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/29/03201.htm
