Publication Requirement for LLCs in New York
If an LLC doesn’t fulfill the publication requirements, the company’s authority to do business in New York can be suspended. The costs of publication vary widely from county to county, ranging from around $300 in some upstate counties to over $1,600 in New York County (Manhattan). According to the New York State Limited Liability Company Law, Section 206, the New York LLC owners must publish a copy of the articles of organization or a notice related to the New York LLC formation in two newspapers within 120 days after the effectiveness of the initial New York articles of organization.
The publication requirement is designed to give notice to the public that your LLC exists and is doing business in New York. For more information on starting an LLC in New York, check out our complete guide.
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.” 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 from the NY Department of State, potentially inhibiting your ability to get a bank loan, open a bank account, or register your business to operate in another state.
A theatrical production company is exempted from the publication requirement if “limited liability company” is in its name.
Fulfilling the NYS LLC Publication Requirement
- Publish ads in two newspapers in the LLC’s county for six weeks.
- One daily newspaper.
- One weekly newspaper.
- Advertise only once a week in both newspapers.
- Get affidavits of publication from the newspapers.
- Submit affidavits and Certificate of Publication to the Division of Corporations, with a filing fee of $50 for ordinary and $75 for expedited processes.
The publication requirement is linked to the filing of the Articles of Organization rather than the number of office locations.
Risks and Costs
- Authority to do business in NY can be suspended
- May not get Certificate of Good Standing from the NY Department of State
- Challenges in acquiring loans, opening bank accounts, among other financial transactions
Costs for publishing an LLC in a newspaper in NY typically range from $600-$1200, caveating:
- County of LLC’s office location
- Special advertising rates from the newspaper
To save money, it is advisable to select the most obscure approved newspapers in your respective county. For instance, publishing costs in Albany County can range from $75 – $100.
Additional Information and Alternatives
- Corporations are not bound by the publication requirement.
- To explore more, one may inquire about activities in Kearney, Nebraska.
- Forming a corporation instead of an LLC, PLLC, LLP, or LP is an alternative way to avoid publication costs in NYC.
The New York LLC publication requirement involves publishing legal notices in two local newspapers for six weeks, obtaining an Affidavit of Publication, and filing a Certificate of Publication with the New York Department of State.
Handling the Procedure Independently
While individuals can opt to complete the publication procedure themselves, this approach requires coordination with various departments.
Starting an LLC in New York
The financial outlay for creating an LLC in New York includes approximately:
- $200 for filing Articles of Organization
- $50 for the Certificate of Publication