how to complete the ny LLC Publication Requirement
D.I.Y. ny llc publishing:
If you own or plan to start a Limited Liability Company in New York, you’ll have to satisfy the state’s publishing requirement, which includes four steps:
- Reaching Out to Your County Clerk
- Publishing with Two Newspapers
- Getting Affidavits
- Submitting a Certificate of Publication
Seem strange? Don’t worry. We’ll go over all the gritty details in our D.I.Y. Guide, below. Or, if your head already hurts and you don’t want to read any more…
Interested in learning more about New York’s publication requirement?
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D.I.Y. Guide: New York LLC Publication Requirement
New York’s publication requirement isn’t exactly straight forward. But it is possible to take care of it on your own, especially if you follow the four steps we’ve outlined in our detailed guide:
1. Reach Out to Your County Clerk
In order to fulfill New York’s publishing requirement, you have to publish a notice of existence with two newspapers (one daily, one weekly) in the county where your LLC is located. But, which two newspapers? According to New York Limited Liability Company Law, it’s the job of the county clerk in the county where your LLC is located to designate the two newspapers you have to publish with.
Easy enough, right? Not so fast. Before you attempt to contact a county clerk, there are some important issues to consider:
As far as NY’s publishing requirement is concerned, the location of your LLC is the address that’s on the public record for your business. This is the address you included with your formation documents.
Hint: If we are your registered agent or formed your LLC for you, this address is in Albany County — lucky you!
It’s Cheaper to Publish in Albany
Having a business address in Albany offers considerable
savings when it comes to NY’s publication requirement.
Don’t have a business address in Albany County?
We can fix that!
New York has 62 counties, which means 62 clerks… that’s a lot. But you can easily find the clerk that represents the county where your business is located thanks to a list provided by the NYS Association of County Clerks.
County Clerks in New York are notoriously difficult to reach. For many business owners, this ends up being one of the most frustrating aspects of fulfilling the NY Publication Requirement. Unfortunately, there isn’t much anyone can do about that.
Unless you bypass the clerks entirely by hiring us!
Bypass NY County Clerks – Hire Us!
As seasoned business formation specialists, we can form your LLC and take care of NY’s Publication Requirement faster than it takes you to read this page.
2. Publish with Two Newspapers
You must publish a notice of formation with two newspapers in your county. Reach out to the clerk for your county to find out which two newspapers to publish with. Your notice of formation must be published:
- With two newspapers (one daily, one weekly)
- Within 120 days of your LLC formation
- For 6 consecutive weeks (once a week)
No. The newspapers you publish your NY LLC notice with are “to be designated by the county clerk” (NY LLC L § 206). So, even if there are multiple daily and weekly newspapers in your area, you’ll have to go with the two publications selected by your county clerk.
If your county doesn’t have any newspapers (and/or the clerk hasn’t designated any newspapers), you should publish notices of your new LLC in two newspapers that belong to neighboring counties. Specifically, according to New York Limited Liability Company Law, you should publish your notice of formation:
…in a weekly or daily newspaper of any county, or both, as the case may be, which is contiguous to, such county, provided that any such newspaper meets all the other requirements of this subdivision.
Don’t have time to find two newspapers that meet “all the other requirements of this subdivision”? Neither do we. Alternatively, you could hire us for LLC Formation + Publishing and we’ll take care of everything for you.
A notice of formation (also known as a “notice of existence” or “evidence of existence”) is essentially a newspaper ad. Once you’ve formed your LLC in New York, you basically have to pay to publish two newspapers ads with basic information about your business.
A notice of formation must include much of the same information as your NY Articles of Organization, such as:
- Name of your LLC
- Date of formation
- County where your LLC is located
- LLC address
- Registered Agent name and location
- Date of dissolution, if applicable (most LLCs skip this)
- Description of business activity
In general, the cost of publishing a notice of formation in New York depends on the county where your LLC is located, as well as the price dictated by the newspaper you’re publishing with. Because of the varying nature of these two factors, prices differ wildly county to county.
For example, if your company is based in NYC you’ll be looking at publishing fees up to $1,500. However, publishing fees in Albany County are some of the cheapest in the state at $150. That’s a lot of savings! How much?
Depending on where your NY LLC is located, here’s how much you’ll save by filing in Albany County instead:
|
Location of Your LLC (County) |
Cost to Publish (max.) |
Amount You Save by Filing in Albany |
Percent You Save by Filing in Albany |
| New York | $1,500 | $1,350 | 90% |
| Bronx | $1,400 | $1,250 | 89% |
| Kings | $1,100 | $950 | 86% |
| Richmond | $900 | $750 | 83% |
| Suffolk | $550 | $400 | 73% |
Switch to Us and Save!
Whether you choose to hire us for registered agent service or business formation + publication, you can use our Albany address on your formation documents and save hundreds of dollars in publishing fees.
3. Get Affidavits of Publication
After your two notices of formation have been published for six consecutive weeks, you’ll have to obtain affidavits of publication from each newspaper you published with.
An affidavit of publication is a legal document that proves you’ve fulfilled New York’s publication requirement. It’s typically notarized and signed by the newspaper’s publisher, and includes the dates your notices ran in the paper.
4. Submit a Certificate of Publication Form to the NY Division of Corporations
To officially fulfill New York’s publication requirement, you must submit a Certificate of Publication form to the Division of Corporations. This form must be accompanied by your affidavit of publication, as well as the state’s $50 filing fee.
This form—along with your affidavit of publication and filing fee—must be submitted by mail. Here’s the address you’ll need to send it to:
New York Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
You can pay with check, cash, money order, or with a credit or debit card. If paying with a card, you’ll need to include a Credit Card/Debit Card Authorization Form.
Yes. The NY Department of State offers a couple of different expedited filing options:
| Within 25 hours | $25 |
| Same-day processing | $75 |
| Within 2 hours | $150 |
The expedite fee should be paid separately from the Certificate of Publication fee. Whether you pay by check, money order, or credit card, you’ll have to note that that payment is for expedited processing.
Or, if you don’t want to deal with a bunch of out-dated, slow-moving bureaucracy…
Hire New York Registered Agent to
Complete Your NY LLC Publication Requirement
Over the years, we’ve taken care of thousands of publications for our clients.
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