Most people think forming an LLC in New York is as simple as filing some paperwork and calling it a day. But nope—there’s this odd, old-school newspaper publication rule that catches a lot of founders off guard. Suddenly, you’re staring down a bill for hundreds or even thousands of dollars you hadn’t budgeted for. Basically, you’re required to publish a notice in two local newspapers for six weeks, then file a Certificate of Publication with the state. It’s a step that trips up so many first-timers and, honestly, can make your startup costs balloon.
So, why does New York still make you do this? What’s the real price tag, and does it change depending on where your business is based? I’ll get into all that, plus share some workarounds so you don’t end up paying more than you have to. If you’re thinking about starting a business or need legal advice for a Long Island company, you might want to talk to some Long Island business formation lawyers.
Understanding the New York LLC Publication Rule
Here’s the gist: new LLCs in New York have to publish a public notice in two newspapers (one daily, one weekly) for six straight weeks, then file proof with the state. It’s not just a pointless hoop—this rule can mess with your timeline, tie up your cash, and even stop you from getting a Certificate of Good Standing until you’re done jumping through all the hoops.
Legal Foundation and Section 206
So where’s this all coming from? Section 206 of the New York Limited Liability Company Law. It says you have to publish either your articles of organization or a specific notice within 120 days after your LLC is official.
Once you’ve run the ads, you send a Certificate of Publication (with affidavits from the newspapers) to the Division of Corporations at the New York Department of State. There’s a $50 state filing fee, too—because of course there is.
And just so you know, this isn’t just for New York-based LLCs. Foreign LLCs (meaning out-of-state companies registering to do business here) also have to play by these rules. Miss the deadline, and you’ll face some administrative headaches.
Who Must Comply With the Publication Requirement
Every domestic LLC formed in New York has to do this. Foreign LLCs registering to do business in New York? Yep, them too.
Even certain professional entities (like professional limited liability companies) are subject to the publication rule unless there’s a very specific exemption. Corporations, though, get a pass.
Where you publish depends on the principal office address you list in your articles of organization. The county clerk picks one daily and one weekly paper, and you’re stuck with their choices for your six-week run.
Required Information in LLC Notices
The notice you publish has to match your articles of organization exactly—name, filing date, county, service of process address, all of it. If there’s any mismatch, you might have to start over, which is nobody’s idea of fun.
Most LLCs just use a generic “any lawful purpose” for their business description to keep things simple (and short). After the six weeks, the newspapers give you affidavits of publication. You attach those to your Certificate of Publication and send the whole package to the Department of State to prove you’ve done your duty.
Consequences of Non-Compliance
Miss the 120-day window to publish and file? The state will suspend your LLC’s authority to do business in New York. That means you can’t sue in New York courts or get a Certificate of Good Standing from the Division of Corporations.
Your contracts and liability shield usually stay intact, but in practice, it’s a pain. Banks, vendors, and business partners often want proof you’re in good standing. If you’re suspended, those conversations get awkward fast.
The good news: you can fix it later by finishing the publication, collecting your affidavits, and filing the Certificate of Publication (plus the $50 fee) with the Department of State.
The True Cost and Strategies for Compliance
This publication requirement isn’t just a hassle—it’s a real hit to your wallet. Costs swing wildly depending on your county and the papers you’re assigned. And you can’t skip the step: filing the Certificate of Publication with the New York Department of State is non-negotiable if you want your LLC to be fully compliant.
How Fees Add Up: Costs By County and Type of Publication
Each county sets its own newspaper rates, and if you’re unlucky enough to be in Manhattan or the Bronx, brace yourself—those are the priciest. For most domestic LLCs, expect to pay anywhere from $225 to $1,500, depending on the county. Foreign LLCs? Your bill might be several hundred dollars higher. The cost comes from having to run your notice in both a daily and a weekly paper, as picked by the county clerk.
It doesn’t stop there. Newspapers charge by word count, and if your business purpose statement is long, you’ll pay extra. Some counties (looking at you, Manhattan and Bronx) charge a premium. After the run, each paper gives you an affidavit of publication. Then you send those, plus your Certificate of Publication and the $50 fee, to the Department of State. It adds up fast.
Optimizing Compliance: Cost-Saving Measures and Professional Help
Want to save some cash? Lots of founders use a registered agent with an address in a cheaper county so their notices run in less expensive papers. Some even change their LLC’s principal office to a lower-cost county before filing, but you have to be honest—the address has to be legit and match your filings.
Another trick: keep your notice as short as possible (where allowed). A brief business purpose statement means fewer words and a smaller bill. There are also service providers who’ll handle the whole process—publication, affidavits, and filing—for a flat fee. It’s more expensive than DIY, but it can save you headaches and help you avoid deadlines. Just make sure you know exactly what their package covers: check which newspapers they use, what the county clerk allows, and whether the $50 state fee is included.
Step-by-Step Process for Satisfying the Requirement
- First things first: file your Articles of Organization or Application for Authority with the Department of State, making sure to note which county your LLC office is in.
- After that, the county clerk will pick out two newspapers for you—one daily, one weekly. They’ll give you the names, and then it’s on you (or your agent) to actually get the notices arranged.
- When you’re placing the notice, each newspaper will have its own rules. Keep the wording short and sweet to save some money. Once your notice has run for the required time, the newspapers should send you affidavits of publication.
- Gather up both affidavits and fill out the Certificate of Publication form. Bundle those affidavits with the form, include the $50 fee, and send everything off to the New York Department of State.
- It’s smart to keep copies of the affidavits and the filed Certificate of Publication in your LLC’s records. If you skip this step, the state might not recognize your LLC properly, and you could run into trouble bringing actions in state court until you get it sorted out.
