New York Limited Liability Company Law § 206 states that when an LLC is formed it must publish a legal notice of the new business entity for six consecutive weeks in two newspapers as assigned by the County Clerk in the county of the LLC’s legal address. After six weeks of running the ads, each newspaper will issue an affidavit that states that the LLC actually ran the ad, and these affidavits must be filed with the New York Department of State, along with a Certificate of Publication. This process must be completed within 120 days of the date that the LLC was formed.
How much does it cost to publish an LLC in New York?
LLC Publication fees depend on the advertising costs in the county where your LLC is located. Click here for the LLC publication price in your county.
Can You Publish my NY LLC that I formed through Legal Zoom?
Yes. If your company was formed through Legal Zoom or another provider send us an email and include the full name of the LLC that you need to publish.
Can I avoid the NY Publication requirement by filing my LLC in Delaware?
No. Unfortunately, even foreign LLCs (formed in another state) are required to comply with the publication requirement according to NY LLC Law Section 802 (b).
Are there any additional fees associated with your LLC Publication service?
No. All advertising fees, legal fees, and tax are included in the flat fees listed on this website.
Can I publish my LLC upstate in a cheaper county and transfer it to NYC at a later date to avoid paying higher publication fees?
We don’t advise this. We publish LLCs in the proper county so that our clients are represented in an ethical and risk averse manner.
Does the NY Publication Requirement apply to Corporations?
No. It only applies to LLCs, PLLCs, LLPs, and LPs. The publishing fees listed on this website apply to all forms of entities. There are no additional fees for PLLCs, LLPs, or LPs.
What is a Certificate of Publication?
A Certificate of Publication is the document that must be filed with the New York Department after we have published your LLC. It acknowledges that you have satisfied the publication requirement and must be submitted within 120 days of forming the LLC. Drafting and filing this document is included in our flat fee LLC publication service.
How can I avoid the NY Publication requirement?
You can form a corporation instead of a LLC, PLLC, LLP, or LP. Many people in NYC do this to avoid the additional publication costs associated with LLCs if they don’t have a preference on their entity choice. However, LLCs have many advantages over the corporate structure including flow-through taxation (which avoids the double taxation associated with corporations), so investing in the initial LLC startup expenses may save you money once your company is established.
What happens if I don’t publish the LLC?
NY law states that if a LLC fails to comply with the publication requirement “the authority of such limited liability company to carry on, conduct or transact any business in this state shall be suspended.” What does this mean? Practically speaking, this means that your company can’t sue in the NY court system and you may not be able to get a Certificate of Good Standing (aka Certificate of Existence) from the NY Department of State. Thus, you probably won’t be able to get loan from a bank, open a bank account, or register your business to operate in another state.
The law also states that failure to comply with the publication requirement “shall not limit or impair the validity of any contract or act of such limited liability company” and failure to comply shall not “result in any member, manager or agent of such limited liability company becoming liable for the contractual obligations or other liabilities of the limited liability company.” LLCs are also permitted to publish after the 120 day period has expired, and can regain good standing with the NY Department of State even if they publish late.
Contact us today! We’re happy to chat about helping you satisfy the NY LLC Publication Requirement.
