New York LLC Publication Requirement - Save Money
When you form a limited liability company (LLC) in New York, you're required to publish a notice of formation in two local newspapers and file the New York Certificate of Publication.
This is known as the New York LLC publication requirement.
We Recommended Using Northwest to Form Your New York LLC
We have negotiated with Northwest to provide the best discounts for our readers and highly recommend their services.
Costs & fees:
$205 NY state government LLC filing fee
$29 Northwest LLC formation fee (+ free first year of registered agent service!)
$9 for BOI filing (optional but recommended as failure to do so can result in a fine of $500/day)
$375 NY Publication fee + Certificate of Publication (optional but recommended, this includes publication fee + state government fee to file the Certificate of Publication)
Total $618
For just a $29 fee, Northwest will manage the entire process for you and save you time and money.
How to Save Money on New York LLC Publication
Section 206 of New York LLC law requires that LLCs publish notice of formation once a week for six weeks in two newspapers (one daily and one weekly) that operate from the same county as the LLC's principal address. For LLCs in counties where publication fees are high, like New York County, this can be very expensive. For some small business owners, the expense could keep them from starting an LLC.
There are two main strategies used by entrepreneurs to save money on New York LLC publication costs:
- Publish in counties where costs are low
- Use the "wait and see" approach
1. Publish in Counties Where the Publication Costs are Low
Some registered agent services allow you to use their office as your principal office, which in turn allows you to publish in an affordable county.
For many new LLCs, the registered agent address is the only address they have until they lease office space. Until then, the registered agent service address can serve as the LLC's principal address.
Northwest is a registered agent service located in Albany, where the cost of publishing is very low.
Recommended: Northwest offers free registered agent services for one year with LLC formation service ($29 + State Fees + OPTIONAL - Northwest will handle all the New York publication requirements for you for a fee of $375 ) .
After hiring a registered agent service in Albany, you can complete the publication requirement yourself or hire your registered agent service to complete the task. Northwest offers affordable publication as an additional service.
If you choose to complete the publication step yourself, we recommend these newspapers:
The Times Union
Phone: (518) 454-5543
Email: tulegals@@timesunion.com
Fax: 518-454-5857
Times Union LLC Publication Fee: $65.00 for all six weeks and the Affidavit of Publication
The Altamont Enterprise
Email: legals@altamontenterprise.com
Altamont Enterprise LLC Publication Fee: $1.92 per line for six weeks + $11.00 for Affidavit of Publication
2. The Wait and See Approach
Some entrepreneurs choose to wait and see if their business is going to be successful before complying with the New York publication requirement.
- If their business is going to succeed, they can comply with the law and have no penalties.
- If their business is not going to succeed, they can simply dissolve their LLC and move on to their next venture.
How to Complete New York's LLC Publication Requirement
Limited liability companies in New York are required to publish a Notice of LLC Formation and file the New York Certificate of Publication for Domestic Limited Liability Company with the New York Department of State within 120 days of formation.
Steps to completing the New York LLC publication requirement yourself include the following:
- Form a New York LLC yourself or use a registered agent service
- Publish a notice in two newspapers in the same county as the principal place of business of the LLC within 120 days of LLC formation for 6 consecutive weeks. One newspaper must be daily and one newspaper must be weekly.
- After publication, the newspapers will send you an affidavit of publication. File the affidavit of publication with a New York Certificate of Publication for Domestic Limited Liability Company with the Secretary of State. The publication filing fee is $50.
- The Certificate of Publication, filing fee, with the affidavits of publication of the newspapers, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Resources for Publication:
Sample New York LLC Notice of Formation
The notice of formation is the print that will be published by the newspapers. New York has strict guidelines for the format of the notice of formation. Based on those guidelines, we've provided sample notices below.
Sample Notice of Formation for LLCs Using a Registered Agent Service:
Format:
[YOUR LLC NAME] LLC. Arts. of Org. filed with the SSNY on __/__/__. Office: _____ County. Registered Agent Inc. designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to Registered Agents Inc. at 90 State Street, Suite 700 Office #40, Albany, NY 12207. Purpose: Any lawful purpose.
Example:
Orange LLC. Arts. of Org. filed with the SSNY on 7/28/17. Office: Albany County. Registered Agent Inc. designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to Registered Agents Inc. at 90 State Street, Suite 700 Office #40, Albany, NY 12207. Purpose: Any lawful purpose.
Sample Notice of Formation for LLCs Not Using a Registered Agent Service:
Format:
[YOUR LLC NAME] LLC. Arts. of Org. filed with the SSNY on __/__/__. Office: _____ County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, [ADDRESS]. Purpose: Any lawful purpose.
Example:
Orange LLC. Arts. of Org. filed with the SSNY on 7/28/17. Office: Erie County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 75 MadeUp St. Buffalo, NY 14201. Purpose: Any lawful purpose.
Approved Newspapers for NY LLC Publication by County
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Approved Newspapers by County |
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| County | Daily Newspaper(s) | Weekly Newspaper(s) | Sample Publication Cost |
| Albany County | The Times Union |
The Altamont Enterprise The Ravena News-Herald The Spotlight/The Colonie Spotlight/The Guilderland Spotlight The Evangelist The Jewish Press, Inc. |
$140 |
| Allegany County* | The Allegany County Clerk requires LLCs to submit a paper request form for publication information. | $120 | |
| Bronx County | LLC owners publishing in Bronx County must contact the county clerk to obtain a list of available publications. | $965 | |
| Broome County | Press and Sun Bulletin |
The Deposit Courier The Windsor Standard |
$155 |
| Cattaraugus County | The Olean Times Herald |
The Salamanca Press Ellicottville Times The Villager |
$125 |
| Cayuga County | The Citizen | The Lakeshore News | $155 |
| Chautauqua County |
The Post Journal The Observer |
The Westfield Republican | $185 |
| Chemung County |
The Star Gazette The Corning Weekly |
Chemung County does not have a designated weekly paper. You are allowed to publish in any weekly paper that has been designated by the surrounding counties. | $150 |
| Chenango County | The Evening Sun | The Sherburne News | $180 |
| Clinton County | The Press Republican | The Sun | $115 |
| Columbia County | The Register | The Columbia | $135 |
| Cortland County | The Cortland Standard | Cortland County does not have a designated weekly paper. You are allowed to publish in any weekly paper that has been designated by the surrounding counties. | $155 |
| Delaware County | The Daily Star | Walton Reporter | $120 |
| Dutchess County | Poughkeepsie Journal |
The Millerton News Hudson Valley News Southern Dutchess News |
$150 |
| Erie County | The Buffalo Evening News | The Buffalo Law Journal | $300 |
| Essex County |
Plattsburgh Press Republican Glens Falls Post Star Adirondack Daily Enterprise |
Denton Publications: Valley News Denton Publications: Times of Ti Lake Placid News |
$460 |
| Franklin County |
The Malone Telegram Adirondack Daily Enterprise |
Tupper Lake Free Press | $125 |
| Franklin County |
The Malone Telegram Adirondack Daily Enterprise |
Tupper Lake Free Press | $118 |
| Fulton County | Gloversville Leader Herald | The Hamilton County News | $125 |
| Genesee County | The Daily News |
The Akron Bugle The Alden Advertiser The Jewish Press The Ken-Ton Bee The Livingston County News The Suburban News The Tri-County Advertiser The Albion Advertiser |
$125 |
| Greene County | Catskill Daily Mail | Green County does not have a designated weekly paper. You are allowed to publish in any weekly paper that has been designated by the surrounding counties. | $140 |
| Hamilton County | The Leader Herald | The Hamilton County Express | $130 |
| Herkimer County |
The Times Telegram The Observer Dispatch |
The Adirondack Express The West Winfield Star |
$180 |
| Jefferson County | The Watertown Daily Times | The Thousand Island Sun | $140 |
| Kings County (Brooklyn) | Brooklyn requires you to contact the county clerk with a receipt from filing the Articles of Organization for your company. The clerk will designate which papers you are allowed to publish in and will give you codes to use with your publication. You cannot publish with any newspaper in Brooklyn without these codes. | $1,100 | |
| Lewis County | The Watertown Daily Times | The Journal and Republican The Boonville Herald | $140 |
| Livingston County |
Livingston County News Genesee Country Express |
Democrat & Chronicle Hornell Evening Tribune |
$125 |
| Madison County** | Oneida Daily Dispatch |
Mid-York Weekly Cazenovia Republican |
$165 |
| Monroe County |
Daily Record Messenger Newspapers |
Democrat and Chronicle Rochester City Newspaper Rochester Business Journal The Jewish Ledger Mendon-Honeoye Falls-Lima Sentinel Webster Herald |
$210 |
| Montgomery County | The Amsterdam Recorder | The Courier Standard | $180 |
| Nassau County | Nassau County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $245 | |
|
New York County (Manhattan) |
Manhattan requires you to contact the county clerk with a receipt from filing the Articles of Organization for your company. The clerk will designate which papers you are allowed to publish in and will give you codes to use with your publication. You cannot publish with any newspaper in Manhattan without these codes. | $1,500 | |
| Niagara County | Lawport Union Sun and Journal |
Niagara Frontier Publications Business First of Buffalo The Buffalo Law Journal |
$140 |
| Oneida County |
The Observer Dispatch The Rome Sentinel |
The Boonville Herald Clinton Courier Queens Central News The Utica Phoenix |
$130 |
| Onondaga County | The Post Standard |
Eagle Newspapers Syracuse New Times |
$190 |
| Ontario County |
The Daily Messenger The Finger Lakes Times |
The Rochester Business Journal The New York Eagle News The Chronicle Express The Jewish Ledger |
$215 |
| Orange County | Orange County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $140 | |
| Orleans County | Orleans County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $160 | |
| Oswego County | The Palladium Times | The Oswego County Weekly | $155 |
| Otsego County | Daily Star | Freeman's Journal | $150 |
| Putnam County | The Journal News |
The Putnam County Courier The Putnam County Press The Putnam County News and Recorder |
$460 |
| Queens County | Queens requires you to contact the county clerk with a receipt from filing the Articles of Organization for your company. The clerk will designate which papers you are allowed to publish in and will give you codes to use with your publication. You cannot publish with any newspaper in Queens without these codes. | $850 | |
| Rensselaer County |
Times Union Troy Record |
The Advertiser The Express The Eagle |
$100 |
|
Richmond County (Staten Island) |
Richmond County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $620 | |
| Rockland County | Rockland Journal News |
Rockland Review Rockland County Times |
$270 |
| Saint Lawrence County |
Courier Observer The Watertown Daily Times |
Ogdensburg Journal Tribune Press |
$150 |
| Saratoga County |
The Saratogian The Times Union The Daily Gazette The Post Star |
Community News The Express |
$155 |
| Schenectady County | Contact the Schenectady County Clerk to find the applicable newspapers for publication. | $145 | |
| Schoharie County | The Gazette | The Times Journal | $145 |
| Schuyler County |
The Ithaca Journal The Corning Leader |
The Observer The Review Express |
$135 |
| Seneca County | The Finger Lakes Times | Reveille Between the Lakes | $150 |
| Steuben County | Steuben County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $120 | |
| Suffolk County | Suffolk County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $510 | |
| Sullivan County | The Times Herald Record |
The River Reporter The Sullivan County Democrat |
$150 |
| Tioga County | Sayre Morning Times | Tioga County Courier | $150 |
| Tompkins County | Ithaca Journal |
Trumansburg Free Press Tompkins Weekly |
$145 |
| Ulster County | Ulster County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $105 | |
| Warren County | Warren County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $120 | |
| Washington County | The Post Star |
The Whitehall Times The Eagle |
$130 |
| Wayne County | The Finger Lakes Times |
The Times of Wayne County The Williams Sun and Record |
$115 |
| Westchester County | Westchester County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $270 | |
| Wyoming County | The Daily New |
The Country Courier The Arcade Herald The Perry |
$130 |
| Yates County | Yates County has a large number of newspapers available to use for publication and has provided a comprehensive list. | $130 | |
*Requires a written request to be submitted to the County Clerk in order to determine which newspapers will be designated for publication.
**Business owners are required to use the designated newspaper which is closer to the principal office of their business.
Penalties for Not Completing New York's LLC Publication Requirement
The State of New York has two penalties for business entities that fail to comply with the publication requirements:
- Your business cannot use the New York court system to sue until the publication requirement is fulfilled retroactively
- Your business might not be in good standing and, if you are sued, your corporate veil could be pierced
Both of these penalties may be resolved by simply publishing your notice of publication. Once the publication is complete, your business may once again file suit in a New York State Court.
Learn more by reviewing Section 206 of the New York LLC Statute.