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New York LLC Law section 206
New York LLC publication requirement, explained
New York is one of three states that make new LLCs publish a notice in the newspaper. Here is exactly what the law requires, what it really costs, the 120 day deadline, and how we take care of it.
Already formed your LLC? Order publication on its own, $649 all-in.
Who has to publish
Section 206 of the New York Limited Liability Company Law applies to every LLC formed in New York (and to out of state LLCs that register to do business here). Within 120 days after your Articles of Organization take effect, you publish a notice once a week for six weeks in two newspapers, one daily and one weekly.
You do not choose the newspapers. The county clerk of the county where your LLC's office is located designates them, and they are not always the cheapest papers in the county.
The steps, in order
- Form the LLC. We usually file your Articles of Organization with the Department of State within 1 business hour; approval is then up to the Department of State.
- Ask the county clerk which two newspapers are designated for your county.
- Run the notice (or a copy of the Articles) in both papers once a week for six consecutive weeks.
- Collect an affidavit of publication from each newspaper.
- File the Certificate of Publication with the Department of State, with both affidavits attached, and pay the $50 state fee.
What it costs
The Department of State's fee for the Certificate of Publication is $50. The newspapers set their own rates, and they vary a lot by county: the designated papers in New York City counties generally cost far more than papers upstate.
HourLLC's price
One price, set by the county where your LLC's office is. It includes both newspapers and the $50 state filing fee.
| County | Price |
|---|---|
| Every New York county (Queens included) | $649 |
Foreign LLCs (formed in another state and registered in New York) add $150.
We draft the notice, place it with both papers, collect the affidavits and file the Certificate of Publication. You can add it when you order your New York LLC.
The deadline, and what happens if you miss it
The whole process, publication and the Certificate of Publication, is due within 120 days of your Articles taking effect. If the certificate is not filed in time, the LLC's authority to carry on, conduct or transact business in New York is suspended until it is filed. The LLC itself still exists, and filing the certificate late restores its authority, but banks and partners sometimes ask for proof of publication, so it is better to do it on time.
Publication by county
The county clerk for your LLC's office county picks the two newspapers. County guides: Brooklyn (Kings), Queens, Manhattan (New York County), Nassau and Rockland. The last step is the Certificate of Publication. See every New York LLC cost in one table.
A note on addresses
The notice must state the LLC's office address and the address the Secretary of State will use to forward legal papers. Both become public, and the notice is printed in two newspapers, so many owners use a business address rather than a home address. Think about that before you file the Articles, because the notice has to match them.
FAQ
Questions, answered
Do I publish before or after the LLC is approved?
After. The 120 day clock starts when your Articles of Organization take effect, so publication happens once the LLC exists.
Can I pick cheaper newspapers?
No. The county clerk designates the two newspapers, one daily and one weekly, for the county where your LLC's office is located. That is why costs differ so much between counties.
Is there an exemption from publication?
Not for ordinary New York LLCs. The requirement in LLC Law section 206 applies to domestic LLCs and to foreign LLCs registering in New York. Some people form elsewhere to avoid it, but a company actually doing business in New York must register here and publish anyway.
What does HourLLC charge for publication?
It's the same in every county and includes both newspapers and the $50 state filing fee: $649 in every county, Queens included. Foreign LLCs (formed in another state and registered in New York) add $150.
Do corporations have to publish in New York?
No. Publication under section 206 is an LLC rule. New York corporations do not publish, though they do file a biennial statement like LLCs.