New York LLC Publication Requirement: 120 Days, Two Newspapers, Six Weeks

Written byPatrick Moumiet

Forming a New York LLC does not end with the filing. You must publish notice, and the clock starts at formation.

Key takeaways:

  • Publish within 120 days of formation, in two newspapers chosen by the County Clerk, for six consecutive weeks.
  • The Certificate of Publication costs $50; publication itself often costs $600 to $2,000 per Wolters Kluwer.
  • Missing the deadline suspends authority to do business until you file.
  • Filing late reinstates authority retroactively.

New York LLC publication rules

1. The rule

New York is unusual: a new LLC must publish notice of its formation. According to Wolters Kluwer, the LLC must complete publication within 120 days after the effective date of its Articles of Organization, in two newspapers specified by the County Clerk in the county of its registered office, for six consecutive weeks.

2. The numbers

New York LLC publication: 120 days after formation, two newspapers, six consecutive weeks, chosen by the County Clerk, $50 certificate fee, typically $600 to $2,000 to publish

  • The County Clerk picks the newspapers; the LLC cannot choose.
  • The Certificate of Publication fee is $50, paid to the New York Department of State.
  • Wolters Kluwer puts the publication cost at roughly $600 to $2,000, depending on the county and each newspaper’s rates, separate from the $50 fee.

3. The process

New York LLC publication process: get newspaper designation from the County Clerk, publish for six weeks, pay the newspapers, get affidavits, file the Certificate of Publication

Get the designation from the County Clerk, publish for six weeks, collect affidavits from the publishers, and file the Certificate of Publication with the Department of State.

4. If you miss the deadline

If you miss the deadline, authority to do business is suspended; filing late reinstates authority retroactively

Wolters Kluwer says missing the deadline suspends the LLC’s authority to conduct business under NY LLC Law section 206, though the page notes the liability shield remains intact. In practice the LLC may lose the right to sue in New York courts and may be unable to get a certificate of good standing. Filing late reinstates authority retroactively to the date it first conducted business.

5. Planning

Compare this with other states’ recurring costs in LLC formation costs by state. Write your operating agreement early so you know who owns the deadline.

Where DoubleCheck fits

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Sources: Wolters Kluwer: New York’s LLC publication requirement.

FAQ

What is the NY LLC publication requirement?

Publishing notice of formation in two newspapers for six consecutive weeks within 120 days of the LLC’s effective date, then filing a Certificate of Publication.

How much does NY LLC publication cost?

Wolters Kluwer estimates $600 to $2,000 depending on the county, plus a $50 Certificate of Publication fee.

Who chooses the newspapers?

The County Clerk, not the LLC.

What if I miss the deadline?

The LLC’s authority to do business is suspended until it files, and filing late reinstates authority retroactively.

General information only. This article is not legal, tax, investment, or accounting advice.