New York LLC Publication Requirements

When forming an LLC or corporation in the State of New York you are required to publish a notice of formation in the local newspaper of where the business is formed. This is known as the New York publication requirement.

We have made it simple for you to follow the publication requirement and even provide an example of exactly how it should look.

The article covers the following important topics:


How to publish a newly formed LLC in NY

Newly formed LLCs in New York are required to publish a Notice of LLC Formation.

It must be done according to the following specifications:

  1. The Notice of LLC Formation must be published in two approved newspapers in the same county as the principal place of business of the LLC.
  2. One newspaper must be a daily newspaper, and one must be a weekly newspaper.
  3. Notices must be published in each newspaper once per week for 6 consecutive weeks.
  4. The publication must be completed within 120 days of the formation of the LLC.
  5. After publication the newspapers will send you an Affidavit of Publication. You must file the affidavit of publication with a Certificate of Publication with the Secretary of State. The filing fee is $50.00.

The cost of this publication requirement can vary widely from $100 in some counties to $2,000 in Manhattan. Because of the wide range of costs to publish business owners have discovered money saving strategies for completing the requirement and not paying such high prices.

Cost Saving Publication Strategies

There are 2 main strategies used by Entrepreneurs

1. Publish in counties where the publication costs are low.

Certain Registered Agent services allow you to use their office as your principal office, and so you can publish in those counties. For many this is quite necessary because most entrepreneurs have not yet leased any offices when they form their LLC's, so the Registered Agent address is probably the only official address they have at the time of publication. After publication you can change the principal address of your business.

Another benefit of using a registered agent service to handle the New York Publication requirement is the privacy it grants you. New York law requires that you publish the address where someone is to send legal notices, including lawsuits. When you use a registered agent service, this address is the address of the company you are using which means you will never be served at your home or place of business.

A cube with LLC printed on its sides

Recommended: ZenBusiness provides LLC formation service that includes registered agent service for $39 + state fee for the first year. ZenBusienss registered agent office is present in Albany, where the cost of meeting the publication requirement is around $80-$100

Recommended publications for Albany County:

The Times Union
Phone: (518) 454-5543
E-mail: tulegals@@timesunion.com
Fax: 518-454-5857
$65.00 for all 6 weeks and the Affidavit of Publication

The Altamont Enterprise
E-mail: legals@altamontenterprise.com
$1.92 per line for 6 weeks + $11.00 for Affidavit of Publication

2. Wait and See Approach

Many 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.

Sample Notice of Formation

New York provides strict guidelines for the format of the notice of publication. Based on those guidelines, we have made a sample notice you may find useful.

If you are using a Registered Agent Service like the one provided by ZenBusiness:

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.

If you are 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.

Penalties

The State of New York has two penalties for business entities that fail to comply with the publication requirements:

  • Your Business cannot use the court system to sue until you fulfill the publication requirement
  • Your business will not be in good standing, and if you are sued your corporate veil may be pierced.

Both of these penalties may be resolved by simply publishing your Notice of LLC Formation. Once the publication is complete, your business may once again file suit in a New York State Court, and will once again have a status of good standing.

List of approved Newspapers 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.