New York is one of only a handful of states that requires newly formed limited liability companies to publish a notice of formation in newspapers. Known as the LLC publication requirement, this obligation catches many new business owners off guard. It adds significant cost to the already substantial expense of forming a business in New York and carries a strict 120-day deadline that, if missed, can result in the suspension of your LLC's authority to do business in the state.
If you have recently formed an LLC in New York or are planning to do so, understanding the publication requirement is essential. This guide explains exactly what the requirement entails, how much it costs, the step-by-step process for compliance, and strategies for managing the expense.
What Is the New York LLC Publication Requirement?
Under Section 206 of the New York Limited Liability Company Law, every LLC formed in the state of New York must publish a copy of its Articles of Organization, or a notice containing the substance of the Articles, in two newspapers for six consecutive weeks within 120 days of the LLC's formation date. One of the newspapers must be a daily newspaper and the other a weekly newspaper. Both newspapers must be published in the county in which the LLC's office is located as designated in its Articles of Organization.
After the six weeks of publication are complete, the LLC must obtain an affidavit of publication from each newspaper and file a Certificate of Publication with the New York Department of State. The Certificate of Publication filing fee is fifty dollars.
This requirement also applies to foreign LLCs, meaning LLCs formed in other states that register to do business in New York. Foreign LLCs must comply with the publication requirement within 120 days of their filing of an Application for Authority with the Department of State.
The 120-Day Deadline
The 120-day deadline is measured from the date the Articles of Organization are filed with the Department of State for domestic LLCs, or from the date the Application for Authority is filed for foreign LLCs. This deadline is critical because failure to comply within 120 days results in the suspension of the LLC's authority to sue in New York courts. The LLC can still be sued, but it cannot initiate legal proceedings until it comes into compliance.
Important: Missing the 120-day publication deadline does not dissolve your LLC. You can still complete the publication requirement after the deadline has passed. Once you file the Certificate of Publication, your LLC's authority to bring lawsuits is restored. However, the suspension period can create significant problems if a legal dispute arises during that time.
Publication Costs by County
The cost of complying with the publication requirement varies dramatically depending on the county where your LLC's office is located. The county designated in your Articles of Organization determines which newspapers you must use, and newspaper advertising rates differ substantially across New York.
| County | Estimated Publication Cost |
|---|---|
| New York County (Manhattan) | $1,000 to $1,500 |
| Kings County (Brooklyn) | $800 to $1,200 |
| Queens County | $800 to $1,200 |
| Bronx County | $600 to $1,000 |
| Richmond County (Staten Island) | $600 to $900 |
| Albany County | $200 to $400 |
| Other upstate counties | $100 to $300 |
As you can see, the publication cost in Manhattan can be five to ten times higher than in certain upstate counties. This disparity has led some LLC owners to consider strategies for minimizing publication costs, which we discuss below.
Step-by-Step Process for Compliance
Step 1: Identify Your County
Your LLC's office county is listed in your Articles of Organization filed with the Department of State. This is the county where publication must occur. If you need to change the county, you can file an Amendment to the Articles of Organization, but this must be done strategically and before publication begins.
Step 2: Obtain the County Clerk's Newspaper Designation
New York law requires the county clerk of the county where the LLC is located to designate the newspapers in which the LLC must publish. You can request this designation by visiting or contacting the county clerk's office. The county clerk will provide the names of one daily and one weekly newspaper where you must publish. You do not get to choose which newspapers to use.
Step 3: Arrange Publication
Contact both designated newspapers to arrange for publication of the LLC notice. You will need to provide the substance of your Articles of Organization, including the name of the LLC, the date of formation, the county in which the office is located, the address of the Secretary of State as the agent for service of process, and the character or purpose of the LLC.
The notice must run for six consecutive weeks in both newspapers. Most newspapers handle the scheduling once you provide the required information and payment.
Step 4: Obtain Affidavits of Publication
After the six-week publication period is complete, each newspaper will provide you with an affidavit of publication confirming that the notice was published as required. These affidavits are essential for the next step.
Step 5: File the Certificate of Publication
Prepare and file the Certificate of Publication with the New York Department of State. The certificate must include both affidavits of publication and the fifty-dollar filing fee. Once accepted by the Department of State, your LLC is in full compliance with the publication requirement.
Strategies for Managing Publication Costs
Given the significant cost of publication, particularly in New York City counties, business owners have explored several strategies for managing the expense.
Designating a Lower-Cost County
Some LLC owners choose to designate a county outside of New York City in their Articles of Organization to take advantage of lower publication costs. For example, designating Albany County instead of New York County can reduce publication costs from over one thousand dollars to under four hundred dollars. However, this strategy requires that the LLC actually have some connection to the designated county, and some attorneys caution that designating a county solely to reduce publication costs without any genuine business presence there could create issues. This approach also means that the Secretary of State will forward legal process to the address in the designated county.
Professional Publication Services
Many law firms and business service companies offer publication packages that streamline the entire process for a fixed fee. These services handle the county clerk designation, arrange publication with both newspapers, collect the affidavits, and prepare and file the Certificate of Publication. Using a professional service ensures compliance and eliminates the administrative burden of managing the process yourself.
Budget in Advance
The simplest and most reliable strategy is to budget for the publication cost at the time of formation. When calculating the total cost of forming an LLC in New York, include the Department of State filing fee (two hundred dollars), the publication costs (which vary by county), the Certificate of Publication filing fee (fifty dollars), and any attorney or service provider fees for handling the process.
What Happens If You Do Not Publish?
If you fail to complete the publication requirement, your LLC's authority to maintain a lawsuit or special proceeding in any court of the state is suspended. This does not mean your LLC is dissolved or that you lose your limited liability protection. Your LLC can still conduct business, enter into contracts, and be sued. However, the inability to initiate legal proceedings can be a serious handicap if you need to enforce a contract, collect a debt, or pursue any other legal claim.
The suspension remains in effect until you complete the publication requirement and file the Certificate of Publication. There is no additional penalty or late fee for delayed compliance beyond the 120-day window, but the longer you wait, the longer you are exposed to the risk of being unable to bring suit.
Publication Requirement for PLLCs
Professional limited liability companies, known as PLLCs, are subject to the same publication requirement as standard LLCs. If you are a physician, attorney, architect, engineer, or other licensed professional forming a PLLC in New York, you must comply with the publication requirement within 120 days of formation. The costs and process are identical to those for a standard LLC.
Publication Requirement for Foreign LLCs
Foreign LLCs, meaning LLCs formed in other states that register to do business in New York, are also subject to the publication requirement. This is an important consideration for entrepreneurs who form their LLC in Delaware, Wyoming, or another state with lower formation costs and then register as a foreign LLC in New York. While formation in another state may save on the initial filing fee, the New York publication requirement still applies once you file your Application for Authority, adding the same publication costs as a domestic LLC.
Some business owners have attempted to avoid the publication requirement entirely by forming their LLC in another state and operating in New York without registering. This approach carries significant legal risks. Operating in New York without proper registration can result in the inability to bring lawsuits in New York courts, penalties imposed by the Department of State, and personal liability for the members. The savings from avoiding publication are not worth the legal exposure this strategy creates.
Impact on Business Operations During Non-Compliance
The practical consequences of failing to complete the publication requirement extend beyond the legal technicality of being unable to initiate lawsuits. Some banks and financial institutions will not open business accounts for LLCs that have not filed their Certificate of Publication. Certain commercial landlords in New York require proof of publication compliance before signing a lease. If your LLC is applying for government contracts, professional licenses, or permits, non-compliance with the publication requirement may delay or prevent approval. And if you ever need to enforce a contract, collect on an unpaid invoice, or pursue any other legal claim in New York courts, the suspension of your litigation rights can be devastating to your business interests.
Recent Developments and Reform Efforts
The New York LLC publication requirement has been the subject of ongoing criticism and reform efforts. Critics argue that the requirement imposes a significant and unnecessary financial burden on small businesses, enriches newspaper publishers at the expense of entrepreneurs, and does little to serve the public interest since most of the published notices go unread. Several legislative proposals have been introduced in recent years to repeal or modify the publication requirement, but as of 2026, the requirement remains fully in effect.
Frequently Asked Questions
How much does LLC publication cost in New York?
Publication costs range from approximately $100 to $300 in lower-cost upstate counties to $1,000 to $1,500 in Manhattan. The exact cost depends on the newspaper advertising rates in the county designated in your Articles of Organization.
What happens if I miss the 120-day deadline?
Your LLC's authority to bring lawsuits in New York courts is suspended until you complete the publication requirement. The LLC is not dissolved, and you can still conduct business and be sued.
Can I choose which newspapers to publish in?
No. The county clerk designates the newspapers. You must publish in the specific daily and weekly newspapers designated by the county clerk of the county where your LLC is located.
Does the publication requirement apply to LLCs formed in other states?
Yes. Foreign LLCs that register to do business in New York must also comply with the publication requirement (and with Corporate Transparency Act reporting) within 120 days of filing their Application for Authority.
How Agarunov Law Firm Can Help
Agarunov Law Firm assists business owners throughout New York City and New Jersey with LLC formation, publication compliance, and ongoing business legal needs. Our business attorneys handle every step of the formation and publication process, from filing the Articles of Organization to obtaining the county clerk designation, coordinating with designated newspapers, collecting affidavits, and filing the Certificate of Publication. We also advise on county designation strategy to help manage publication costs where appropriate. Contact us for a free consultation to discuss your LLC formation or publication compliance needs.
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