What Is a New York Publication Requirement?

Some states require that an announcement, called a publication requirement, be published in local newspapers upon creation of an LLC or corporation. Understand which states have this requirement and 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. Though you have formed your LLC once you file the Articles of Organization, you can’t conduct business until you properly comply with New York publication requirements.

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. Forming a New York LLC is simpler than forming a New York corporation. But fulfilling the New York LLC publication requirement is a bit more labor-intensive.

What are the New York publication requirements?

With a publication notice, you let the community know when you started your business, how to contact your business, what your business is, and when you expect your business to end.

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
The street address of the LLC’s principal business location (if applicable)
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 LLC’s date of dissolution (if applicable)
The nature of the LLC’s business

The typical required contents of your publication notice and your Articles of Organization are almost identical. The main difference is that publication notices don’t include statements about member liabilities, and Articles of Organization do.

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. Publishing notices for six weeks before you can start doing business may sound daunting and restrictive, but luckily you don’t have to amend your notice or start over if some characteristics of your business change during those six weeks.

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, attorneys (if applicable), 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.

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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FAQs

What if I don’t comply with a publication requirement?
If you don’t comply with the publication requirement, the State of New York suspends your LLC’s ability to conduct business.
Do I need a lawyer to complete my publication requirement?
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.
How long do I have to complete my publication requirement?
You have to complete your publication requirement within 120 days of the LLC effective date in your Articles of Organization.

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