A common question new LLC clients ask is, ‘Do I have to comply with New York’s LLC publication requirements?'” The answer is a resounding “YES”. Failure to follow this requirement will result in your LLC being suspended or your status being revoked by the New York State Department of State (NYSDOS). This means your LLC can be “cancelled” without notice, leaving you and your personal assets exposed. What is New York’s publication requirement, and what are the New York LLC publication requirement costs? Read on.
1. New York LLC Publication Requirement
Under New York Limited Liability Company Law § 206, every newly formed domestic New York LLC (and PLLC) is required to publish a legal notice of its formation in two (2) newspapers, one daily newspaper, and one weekly newspaper, approved by the county clerk where the business is located. This notice, often containing the LLC’s Articles of Organization or key company details, must run once per week for six (6) consecutive weeks. After publication, the LLC must collect the affidavits of publication from the newspapers, and then prepare and file a Certificate of Publication with the New York Department of State to remain in good standing. The fee to file the Certificate of Publication is $50 (as of the writing of this blog.).
Importantly, this rule is not limited to domestic companies. The LLC publication requirement in New York also applies to foreign LLCs that are registering or qualifying to do business in the state. In other words, even if your company was formed outside New York, you must still comply with these rules if you plan to operate here.
Failure to meet these obligations can result in suspension of the LLC’s authority to conduct business in New York, making compliance with LLC publication requirements a critical step for both new and out-of-state businesses.
2. New York LLC Publication Cost
One of the biggest pain points for business owners is the cost of New York LLC newspaper publication ads. Because the law requires notices to run in two (2) county-approved newspapers for six (6) consecutive weeks, expenses can vary widely depending on the county where the LLC is registered. In more affordable counties, the LLC publication cost may be a few hundred dollars, while in New York City counties like Manhattan, Queens, or Brooklyn, fees can run into the thousands. These charges are set by the newspapers and are considered part of the required LLC legal notice advertising costs under New York LLC Law § 206. Understanding these expenses upfront helps entrepreneurs budget for compliance and avoid the risk of suspension for failing to meet the LLC publication requirement. Working with a law firm that offers flat fee LLC formation packages can help entrepreneurs budget for the total cost to comply with New York LLC publication requirement rules.
3. Registered Agent Requirement and Cost
In New York, a registered agent is not legally required if your LLC is formed in the state and maintains a physical mailing address in New York. Unlike some states that mandate hiring a third-party registered agent, New York allows businesses with an in-state office to receive legal and tax documents directly at their own address. This means that if your company has a New York business presence, you can save money by listing your own office address for service of process instead of paying annual fees to a commercial registered agent service. Some business owners still choose to hire a New York registered agent for added privacy and convenience, if they operate from a home office and want to keep their personal address off public records, but you can also consider using a PO box as your business address for added confidentiality.
Be wary of using an online DIY LLC formation service such as Legalzoom, because services like these often bury a hidden ongoing annual fee for a registered agent service, usually hundreds of dollars per year after your first year, which are in most cases unnecessary and avoidable. Getting out of these recurring contracts is a difficult and frustrating experience. Many times, clients do not even realize their credit card is being charged for this expense every year, and it’s too late to cancel. When adding up the total cost of forming your LLC using an online platform, be sure to factor in the typically unnecessary and hidden registered agent cost (can be upward of $350 per year), newspaper publication costs (several hundred to several thousand dollars, depending on the county your business is formed in), plus filing fees for the Certificate of Publication (most third party platforms do not handle this for you). Failure to complete all of New York’s LLC formation requirements will result in wasted time and money, and your LLC will be suspended or revoked.
4. Can I Skip New York LLC Newspaper Publication?
No! If you do this, you will get caught, and your LLC will be suspended or revoked. Do not make this gamble. Additionally, there is very specific language that must be included in your LLC newspaper ad. Failure to meet New York’s exact required language for LLC newspaper publication will result in your Certificate of Publication being rejected, and you will have to pay for additional new ads to be run, which will set you back hundreds or even thousands of dollars.
5. LLC Legal Ad Format
If you choose to handle your New York LLC newspaper publication yourself, be sure to include the following information:
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Exact LLC name as filed with the NY Department of State.
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Date of filing of the Articles of Organization with the Department of State.
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County where the LLC’s office is located (must match what’s on file).
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Street address to which the Secretary of State shall mail service of process.
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A statement that the Secretary of State has been designated as agent for service of process.
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If applicable: the registered agent’s name and address (only if one was appointed).
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Purpose of the LLC (can be general: “any lawful business purpose”).
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Latest date of dissolution, if there is one (otherwise, “no specific date of dissolution”).
This legal ad must be formatted exactly as required under New York LLC publication requirements, meaning each item must appear in the correct format, or the legal ad will be rejected. Additionally, the two (2) newspapers, one daily and one weekly, must be newspapers approved by the exact county of formation. In other words, if you use a newspaper that is not specifically approved by your county, and run a legal ad in a newspaper that has not been pre-approved, your legal notice will not count and you will have to pay to start over. Working with an LLC formation attorney ensures your legal ads are in approved newspapers, saving you time and money.
FAQ
1. What is the New York LLC publication requirement?
Under New York LLC Law § 206, every domestic LLC and foreign LLC doing business in New York must publish a notice of formation in two county-designated newspapers (one daily, one weekly) for six consecutive weeks. Afterward, the LLC must file a Certificate of Publication with the New York Department of State to remain compliant.
2. How much does New York LLC publication cost?
The cost of New York LLC newspaper ads depends on the county. In upstate counties, publication may cost a few hundred dollars, but in New York City counties like Manhattan, Queens, or Brooklyn, the LLC publication fee can exceed $1,200–$1,600, plus the $50 state filing fee.
3. What must be included in a New York LLC publication notice?
The legal notice must list:
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The exact LLC name filed with the Department of State
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The date of filing
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The county of the LLC’s office
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The New York address for service of process (or registered agent, if applicable)
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A statement that the Secretary of State is the agent for service of process
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The LLC’s purpose (often “any lawful business purpose”)
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The latest date of dissolution, if one is set
4. What happens if you don’t complete the LLC publication requirement?
If a New York LLC fails to publish within 120 days, its authority to conduct business is suspended. The LLC loses access to a certificate of good standing and cannot bring lawsuits in New York courts. The LLC may also be revoked (cancelled), leaving the LLC’s owner(s) and their personal assets exposed.
5. Do PLLCs have to publish in New York?
Yes. Under New York LLC Law § 1203, Professional Service LLCs (PLLCs), such as law firms, medical practices, accountants, and other licensed professionals, must meet the same LLC publication requirements as standard LLCs.
