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New York LLC publication
Certificate of Publication for a New York LLC
The Certificate of Publication is the last step of New York's publication rule. It tells the Department of State that your LLC's notice ran in two newspapers for six weeks, and it has to be filed within 120 days of formation.
What it is
Proof that the notice ran
After your notice runs once a week for six consecutive weeks in the two newspapers the county clerk chose, each newspaper gives you an affidavit of publication: a sworn statement, with a copy of the notice, saying when it ran.
The Certificate of Publication is a short form filed with the New York Department of State with both affidavits attached. The state fee is $50.
How to file it, step by step
- Ask the county clerk for the county where your LLC's office is which daily and weekly newspapers are designated.
- Place the notice with both newspapers. It must match your Articles of Organization.
- Let it run once a week for six weeks in each paper.
- Collect an affidavit of publication from each newspaper.
- File the Certificate of Publication with the Department of State, with both affidavits, and pay $50.
The 120 day deadline
Everything, including the certificate, is due within 120 days after your Articles take effect. If it is late, the LLC's authority to do business in New York is suspended until the certificate is filed. The LLC still exists, and filing late restores its authority, but banks, landlords and partners sometimes ask for proof of publication.
Or let us do all of it
HourLLC drafts the notice, places it with both designated newspapers, collects the affidavits and files the Certificate of Publication. It is $649 in every county, both newspapers and the $50 state fee included (LLCs formed in another state add $150). It takes about 7 to 8 weeks, because the law requires six weeks of printing.
FAQ
Questions, answered
Where do I get the Certificate of Publication form?
From the New York Department of State. It is filed with the affidavits of publication from both newspapers.
What does it cost to file?
The state fee is $50. The newspapers charge separately for running the notice.
What if I already formed my LLC and never published?
You can still publish and file the certificate late. Until you do, your LLC's authority to do business in New York is suspended. We can handle a late publication too.
How long does it take?
At least six weeks for the notice to run, plus time to collect the affidavits and file. Plan on about 7 to 8 weeks.