What Is a New York Publication Requirement?

The state of New York requires that an announcement, called a publication requirement, is published in local newspapers upon creation of an LLC. Understand how ZenBusiness can help you meet this requirement in New York.

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New York Publication Requirements

Starting a business can take many steps, and sometimes you have to notify the community about your new venture before you can get down to business. If you start a limited liability company (LLC) in New York, you must publish a notice with information about your LLC in the newspaper. 

To form an LLC, you need to file Articles of Organization with the New York Department of State. The effective date of your LLC can be the date you filed the Articles of Organization or a later date specified in the Articles of Organization. If you choose a later effective date, it can’t be more than 60 days after filing your Articles of Organization.

What is a publication notice?

A publication notice contains basic LLC information that you make available to the public through New York newspapers. Individuals who know the name of your LLC can also search for your LLC’s basic information on the apps.dos.ny.gov Although an online search of your LLC is simpler, it is not a substitute for the newspaper publication requirement.  

What New York entities have publication requirements?

Currently, only LLCs and limited partnerships in New York need to publish notice of their formation in New York newspapers. Fulfilling the New York LLC publication requirement can be a bit labor intensive, but ZenBusiness can help streamline this process.

What are the New York publication requirements?

With a publication notice, you let the community know the name of your business, when you started your business, and the purpose of your business.

What must an LLC publication notice contain?

Typically, your publication notice must contain:

  • The LLC name
  • The date you filed your LLC’s Articles of Organization
  • The LLC formation date (if different from the date you filed the Articles of Organization)
  • The New York county where the LLC’s office is located
  • A statement that the LLC designated the Secretary of State as an agent to receive service of process for the LLC
  • The name and address of the LLC’s registered agent
  • A statement that the LLC’s registered agent can receive service of process for the LLC 
  • The nature of the LLC’s business

How long do publication notices have to run?

You have to run your publication notice in two different newspapers for six consecutive weeks. One newspaper must be a daily newspaper and the other must be weekly. Both newspapers have to be located in the county where your LLC’s office is located. You can’t choose just any county newspaper for publication. The newspapers you choose for publication must be designated by your county clerk.

How do I prove that I followed the LLC publication requirement in New York?

After you finish your six-week publication run, your LLC needs to fill out a Certificate of Publication and attach Affidavits of Publication from each newspaper you used. This proves that you fulfilled the requirements. You have to file your Certificate of Publication and attached Affidavits of Publication with the Department of State. 

Let ZenBusiness simplify the publication process for you

The LLC publication process sounds like a lot of work, money, and headache, doesn’t it? Well, it can be, but ZenBusiness can take away some of the pain. ZenBusiness provides a New York LLC Certificate of Publication Service that coordinates with the county clerk, newspapers, and the state to help you complete your publication requirement and file your Certificate of Publication on time. Once your publication requirements are complete, we timely deliver your Certificate of Publication and Affidavits of Publication to the Department of State. 

New York Publication FAQs

  • If you don’t comply with the publication requirement, the State of New York suspends your LLC’s ability to conduct business.

  • Generally, you don’t need a lawyer to complete your publication requirement. However, you may want to consult an attorney if your LLC has complex issues that need addressing.

  • You have to complete your publication requirement within 120 days of the LLC effective date in your Articles of Organization.

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

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Written by Team ZenBusiness

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