New York lesson 4 of 6
The New York publication requirement
Section 206 of the New York Limited Liability Company Law requires new LLCs to publish notice of their formation in newspapers. It is the most expensive and most misunderstood step in forming a New York LLC.
What the law requires
Within 120 days of the Articles of Organization becoming effective, the LLC must publish a copy of the Articles, or a notice containing the substance of them, once a week for six consecutive weeks. The publication must appear in two newspapers, one daily and one weekly, and both must be designated by the county clerk of the county named in your Articles.
Once both newspapers have completed the six weeks, they issue affidavits of publication. You then file a Certificate of Publication with the Department of State, attaching those affidavits, with a $50 filing fee.
What it costs
The $50 certificate fee is fixed. The newspaper charges are not, and they vary enormously by county. Rural and upstate counties are often modest. New York County rates are the highest in the state and can reach four figures. The county clerk designates which papers you may use, so you cannot simply shop for the cheapest publication in the state.
Ask your county clerk for the designated newspaper list, then request quotes from both before you commit. Prices are set by the papers, not the state.
What happens if you skip it
Failure to publish within 120 days can result in suspension of the LLC's authority to carry on business in New York. The LLC continues to exist and the liability shield is not automatically lost, but a suspended LLC can face real problems in litigation and in transactions. Late publication is possible and will lift the suspension, but you pay the newspaper costs regardless.
Key takeaways
- Publish within 120 days, in two county designated papers, for six consecutive weeks.
- File the Certificate of Publication with affidavits and a $50 fee.
- Newspaper cost is county driven and is by far the biggest variable.
Frequently asked questions
Can I avoid the publication requirement?
Not for a domestic New York LLC. It applies under Section 206 regardless of size or activity.
Is publication a one off?
Yes for formation. Certain later amendments can trigger their own publication requirements, so check before filing an amendment.
Official sources
Or let us file your New York LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Articles of Organization, act as your registered agent, and track your ongoing deadlines.
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team