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.

Our New York LLC Publication Requirement guide covers these topics:

Forming an LLC? Use a professional service:


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:

  1. Publish in counties where costs are low
  2. 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.

ZenBusiness is a registered agent service located in Albany, where the cost of publishing is very low.

The Truic Flame Logo

Recommended: ZenBusiness offers free registered agent services for one year with LLC formation service ($39 + state fee).

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. ZenBusiness 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:

  1. Form a New York LLC yourself or use a registered agent service
  2. 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.
  3. 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.
  4. 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

County Daily Newspaper(s) Weekly Newspaper(s)
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.
Allegany County* The Wellsville The Alfred Sun
Cuba Patriot
Bronx County New York Law Journal Bronx Free Press
Broome County Press and Sun Bulletin The Deposit Courier
The Windsor Standard
Cattaraugus County The Olean Times Herald The Salamanca Press
Cayuga County The Citizen The Lakeshore News
Chautauqua County The Post Journal
The Observer
The Westfield Republican
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.
Chenango County The Evening Sun The Sherburne News
Clinton County The Press Republican The Sun
Columbia County The Register The Columbia
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.
Delaware County The Daily Star Walton Reporter
Dutchess County Poughkeepsie Journal The Millerton News
Hudson Valley News
Southern Dutchess News
Erie County The Buffalo Evening News The Millerton News
Hudson Valley News
Southern Dutchess News
Erie County The Buffalo Evening News The Buffalo Law Journal
Essex County Plattsburgh Press
Republican
Glens Falls Post Star
Adirondack Daily Enterprise
Denton Publications: Valley News
Denton Publications: Times of Ti
Lake Placid News
Franklin County The Malone Telegram
Adirondack Daily Enterprise
Tupper Lake Free Press
Dutchess County Poughkeepsie Journal The Millerton News
Hudson Valley News
Southern Dutchess News
Erie County The Buffalo Evening News The Buffalo Law Journal
Essex County Plattsburgh Press
Republican
Glens Falls Post Star
Adirondack Daily Enterprise
Denton Publications: Valley News
Denton Publications: Times of Ti
Lake Placid News
Franklin County The Malone Telegram
Adirondack Daily Enterprise
Tupper Lake Free Press
Fulton County Gloversville Leader Herald The Hamilton County News
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
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.
Hamilton County The Leader Herald The Hamilton County Express
Herkimer County The Times Telegram
The Observer Dispatch
The Adirondack Express
The West Winfield Star
Jefferson County The Watertown Daily Times The Thousand Island Sun
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.
Lewis County The Watertown Daily Times The Journal and Republican The Boonville Herald
Livingston County Livingston County News
Genesee Country Express
Democrat & Chronicle
Hornell Evening Tribune
Madison County** Oneida Daily Dispatch Mid-York Weekly
Cazenovia Republican
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
Montgomery County The Amsterdam Recorder The Courier Standard
Nassau County Nassau County has a large number of newspapers available to use for publication and has provided a comprehensive list.
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.
Niagara County Lawport Union Sun and Journal Niagara Frontier Publications
Business First of Buffalo
The Buffalo Law Journal
Oneida County The Observer Dispatch
The Rome Sentinal
The Boonville Herald
Clinton Courier
Queens Central News
The Udicah Phonix
Onondaga County The Post Standard Eagle Newspapers
Syracuse New Times
Ontario County The Daily Messenger
The Fingerlakes Times
The Rochester Business Journal
The New York Eagle News
The Chronicle Express
The Jewish Ledger
Orange County Orange County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Orleans County Orleans County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Oswego County The Palladium Times The Oswego County Weekly
Otsego County Daily Star Freemans Journal
Putnam County The Journal News The Putnam County Courier
The Putnam County Press
The Putnam County News and Recorder
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.
Rensselaer County Times Union
Troy Record
The Advertiser
The Express
The Eagle
Richmond County
(Staten Island)
Richmond County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Rockland County Rockland Journal News Rockland Review
Rockland County Times
Saint Lawrence County Courier Observer
The Watertown Daily Times
Ogdensburg Journal
Tribune Press
Saratoga County The Saratogian
The Times Union
The Daily Gazette
The Post Star
Community News
The Express
Schenectady County Schenectady County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Schoharie County The Gazette The Times Journal
Schuyler County The Ithaca Journal
The Corning Leader
The Observer
The Review Express
Seneca County The Finger Lakes Times Reveille Between the Lakes
Steuben County Steuben County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Suffolk County Suffolk County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Sullivan County The Times Herald Record The River Reporter
The Sullivan County Democrat
Tioga County Sayre Morning Times Tioga County Courier
Tompkins County Ithaca Journal Trumans Burg Free Press
Tompkins Weekly
Ulster County Ulster County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Warren County Warren County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Washington County The Post Star The White Hall Times
The Eagle
Wayne County The Finger Lakes Times The Times of Wayne County
The Williams Sun and Record
Westchester County Westchester County has a large number of newspapers available to use for publication and has provided a comprehensive list.
Wyoming County The Daily New The Country Courier
The Arcade Herald
The Perry
Yates County Yates County has a large number of newspapers available to use for publication and has provided a comprehensive list.

*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.

Related Articles

Have a Question? Leave a Comment!