New York requires LLCs to publish a formation notice in two newspapers within 120 days. Here's what it costs, how to do it, and what happens if you skip it.
New York is one of only two states in the country with a publication requirement for LLCs. It's obscure, it's expensive in some counties, and it catches a significant number of first-time founders off guard after they've already filed.
Here's everything you need to know — what it is, what it costs, how to do it, and what happens if you miss the deadline.
Under New York LLC Law Section 206, within 120 days of your Articles of Organization being approved, you must publish a notice of your LLC's formation in two newspapers in the county where your LLC's office is located — one daily newspaper and one weekly newspaper.
The notice must run for six consecutive weeks. After publication is complete, you file a Certificate of Publication (also called an Affidavit of Publication) with the New York Department of State, along with a $50 filing fee.
The publication requirement dates to the 19th century — it was designed to give the public notice that a new business entity had been formed. Most states have abolished similar requirements over the decades. New York has not, making it one of the most expensive and unusual aspects of forming an LLC here.
This is where the requirement gets painful. Publication costs are set by the newspapers themselves, and they vary dramatically by county.
| County | Estimated Publication Cost |
|---|---|
| New York (Manhattan) | $1,000 – $1,500 |
| Kings (Brooklyn) | $800 – $1,200 |
| Queens | $700 – $1,100 |
| Bronx | $600 – $1,000 |
| Westchester | $300 – $600 |
| Albany | $100 – $300 |
| Erie (Buffalo) | $100 – $250 |
| Monroe (Rochester) | $100 – $200 |
No. The newspapers must be "designated" by the county clerk for LLC publication. You cannot choose any newspaper you want. Contact your county clerk's office to get the current list of designated newspapers before you start.
If you fail to file the Certificate of Publication within 120 days of your LLC's formation, the New York Department of State will suspend your LLC's authority to carry on, conduct, or transact business in New York.
This is serious. A suspended LLC cannot maintain a lawsuit in New York courts, cannot legally enter into contracts, and may face personal liability for the members if they continue operating. You can cure the suspension by eventually completing publication, but the 120-day deadline is real.
There is no general exemption to the publication requirement for standard New York LLCs. However, New York City has a program where the city provides a designated newspaper at reduced cost for Manhattan LLCs — check with the Manhattan County Clerk for current details.
The Midnight Founder handles your Articles of Organization filing and tells you exactly how to complete the publication requirement — including which county clerk to contact and what to expect.
Start your NY LLC