What Does “Publish Your LLC in New York” Mean?

Publication Requirements for New York LLC's

Publication of a limited liability company (LLC) in the State of New York is mandated by NYS statute (§206 of the Limited Liability Company Law).  Publication refers to publication of notice that an LLC was formed and filed with the NYS Dept. of State.

While publication itself does not actually create the LLC and is not required for its initial formation, it is required after the entity is formed (filed w/ the Dept. of State).  If notice of the formation of a NYS LLC is not published, the entity will not be in compliance with the law and may incur penalties, including fines or the inability to bring an action as a plaintiff against another party (although the LLC may still be a defendant in an action), or even possibly the loss of the limited liability status.

The publication requirement states that a newly formed LLC must publish in two local newspapers for a period of six consecutive weeks each.  The newspapers must be assigned by the county clerk in the county in which the LLC maintains its office.  Affidavits of publication, issued by the newspapers upon completion of the publication period, must then be filed with the NYS Department of State within one hundred and twenty (120) days from the date on which the LLC was initially filed.  Once this has been done, the publication requirement has been satisfied and the LLC is in compliance with the statute.

Cost of publication of notice varies by county and newspaper.  While certain counties and certain newspapers may be more expensive than others, unfortunately, it is not up to the LLC to choose which newspaper in which to publish.  The county clerk of the county in which the LLC is located will make that determination.

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