New York / Guide
New York LLC publication requirement: six weeks, two newspapers, $50
Within 120 days after its articles of organization take effect, a New York LLC must publish a notice once a week for six weeks in two newspapers chosen by the county clerk, then file proof with the Department of State. The state fee for that filing is $50.
| Item | Requirement | Official source |
|---|---|---|
| Deadline | 120 days | NY LLC Law 206 |
| Publication | 6 weeks, 2 newspapers | NY LLC Law 206 |
| Certificate of Publication fee | $50 | NY LLC Law 1101 |
What the law requires
Section 206 of the Limited Liability Company Law says a copy of the articles of organization, or a notice containing their substance, must be published once in each week for six successive weeks in two newspapers of the county where the LLC's office is located: one printed once a week and one printed daily, both designated by the county clerk. A notice published in a newspaper the county clerk did not designate does not count. If the county has no designated newspaper, the notice runs in a newspaper of a neighboring county.
What the notice includes
The statute lists the contents: the LLC's name, the date its articles were filed with the Department of State, the county of its office, the street address of its principal business location if any, that the Secretary of State is its agent for service of process and the address where process is mailed, any registered agent, any fixed dissolution date, and the character or purpose of the business.
Filing the Certificate of Publication
When the six weeks are done, the LLC files a Certificate of Publication with the Department of State, with the affidavits of publication from both newspapers attached. Section 1101 sets the filing fee at $50. The newspapers charge separately for running the notice, and their rates vary by county.
If it is not filed in 120 days
Under section 206, an LLC that has not filed proof of publication within 120 days after formation has its authority to carry on, conduct or transact business in New York suspended at the end of that period. The statute also says the suspension does not affect the validity of the LLC's contracts or make its members or managers liable for its obligations. Filing proof of publication later annuls the suspension.
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