New York’s LLC Publication Requirement

Did you know New York has an LLC Publication Requirement?

The requirement for Domestic LLCs is set forth under Section 206 of New York State Limited Liability Company Law.

According to NYS, “Limited liability companies, formed in New York, must within 120 days after the effectiveness of the initial articles of organization, publish a notice in two newspapers of the county in which the office of the limited liability company is located once a week for six consecutive weeks. The county clerk, of the county in which the office of the limited liability company is located, designates the newspapers for publication. One newspaper must be printed daily and the other printed weekly. Proof of publication (Certificate of Publication with the Affidavits of Publication of the newspapers) must be submitted to the NYS Department of State for filing. The Department of State filing fee is $50. Failure to comply with the publication requirement will result in the suspension of the LLC’s authority to carry on, conduct or transact business in New York.”

There is an exception … “Theatrical production companies with the words “limited liability company” in their names are exempt from the publication requirements.”

When forming a limited liability company (LLC) in New York, keep in mind some third-parties that help take care of the formation documents or paperwork DO NOT handle the LLC Publication Requirement. Be sure to read the fine print and service offering details!

If the third-party does not handle the LLC Publication Requirement, you can do it yourself or enlist the aid of another third-party to help with this task. Shop around and make sure you are not overpaying and/or paying for additional services you do not actually need.

The newspaper publishing costs can vary depending on the county where the LLC is located. Costs can range from several hundred dollars to over a thousand dollars not including the Certificate of Publication Fee payable to NYS which is $50.