Publication requirements

What Is a 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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Each state has its own rules regarding which businesses are subject to publication requirements and what information you need to publish. States with this requirement include Arizona, Georgia, Nebraska, New York, and Pennsylvania.

What is a Publication Notice?

Throughout history, newspapers have been a primary source for public information. As such, many states considered newspapers to be the best way to share important notices. Although most information is now obtained using modern methods of mass communication, some states continue to publish public information in local and state newspapers.

When forming an LLC or corporation in some states, businesses are required to publish a formal notice of the entity’s formation along with the contact information for the business and its directors/members.

What business entities have publication requirements?

Publication requirements vary depending on the state. In some states, only LLCs are subject to this rule while in others, it only applies to corporations. Some states, including Arizona and Nebraska, require both types of business entities to publish a notice of their formation in local or county newspapers.

Arizona Publication Requirements

In Arizona, LLCs and corporations may be required to publish a public notice of the filing of Articles of Organization or Articles of Incorporation. New entities in Arizona must publish a notice of LLC formation unless their business address is within Maricopa or Pima counties. All new LLCs and corporations in these counties are published online by the Arizona Corporations Commission (ACC).

LLC

New LLCs outside of Maricopa and Pima Counties must publish their notice of LLC formation independently. These notices must be published at least three times in a newspaper that’s approved by the ACC. This notice must be published within 60 days after receiving a Notice of Publication from the ACC.

When publishing, you’re required to include these details:

  • The name of your LLC
  • The name and street address of your registered agent
  • The address of your LLC’s business location
  • One of the following statements: “Management of the limited liability company is vested in a manager or managers” or “Management of the limited liability company is reserved to the members.”
  • Names and addresses of all management and/or members who own 20% or more of your LLC

Once your publication has run, the newspaper will send you an affidavit of publication. You should keep this document for your records and if you wish, you can provide it to the ACC as proof of publication.

Corporation

Corporations in Arizona are subject to the same requirements as LLCs when it comes to publication requirements. That means that all corporations with addresses outside of Maricopa and Pima counties must publish their notice of corporation formation at least three times within 60 days of receiving a Notice of Publication from the ACC.

What happens if you don’t publish in Arizona?

If you don’t comply with the state’s publication requirements, your LLC or corporation will be terminated. As mentioned earlier, notices must be published in an approved newspaper within 60 days of receiving your notice from the ACC.

Georgia Publication Requirements

In Georgia, all corporations are required to publish an intent to incorporate in their municipality’s or county’s primary newspaper. Your notice of intent must be published in a newspaper within your county for which at least 60% of its subscriptions are paid or in the newspaper that’s the official legal organ for your county.

Your notice of intent to incorporate must be published for two consecutive weeks and contain the following information:

  • A statement indicating that your business has delivered Articles of Incorporation to the Secretary of State in accordance with the Georgia Business Corporation Code
  • The name and business address of your initial registered agent

Your notice should be written in the form of a letter.

Example:

Dear Publisher,

Please publish this notice once per week for two consecutive weeks:

Notice is hereby given that Articles of Incorporation that will incorporate (name of corporation) have been delivered to the Secretary of State in accordance with Georgia Business Corporation Code. The initial registered office of the corporation is located at (address of registered office) and its initial registered agent at such address is (name of registered agent).

A check in the amount of $40.00 has been enclosed.

Sincerely,

(Signature of authorized representative)

In Georgia, you’re required to send your notice of intent to incorporate to your local newspaper within one business day of filing your Articles of Incorporation. The cost to publish is $40, and that fee should be included with your notice when you submit it to the publishing newspaper.

In addition to publishing a notice of intent to incorporate, your company is also required to publish public notices any time you amend your Articles of Incorporation or if you choose to dissolve your corporation.

What happens if you don’t publish in Georgia?

While publication requirements are part of the Georgia Business Corporation Code, failure to comply doesn’t invalidate your corporation. You may be subject to other penalties, though.

Nebraska Publication Requirements

Nebraska law requires that all LLCs and corporations publish a notice of incorporation in local newspapers.

LLC

A notice of organization needs to be published for three consecutive weeks once your business entity has formed. This notice needs to be published in a legal newspaper within the county where your LLC operates. If there’s no legal newspaper in your county, you may publish this notice in the county of your registered agent.

Your notice of organization should include:

  • The name of your LLC
  • The street and mailing address of your initial designated office
  • The street and mailing address of your initial registered agent
  • The professional service your LLC intends to provide (if applicable)

If you choose to voluntarily dissolve your LLC, you must also publish a notice of dissolution in the same manner.

Corporations

Upon the formation of your corporation, you’re required to publish a notice of incorporation in a legal newspaper of general circulation. This notice needs to be published for three consecutive weeks and should include:

  • The corporate name of your corporation
  • Whether your corporation is a public benefit, mutual benefit, or religious corporation
  • The street address of your initial registered office
  • The name of your initial registered agent
  • The name and street address of all incorporators
  • Whether your corporation will have members

If you make any amendments to your Articles of Incorporation after formation, merge with any other entities, or dissolve your corporation, a notice of these changes also needs to be published.

What happens if you don’t publish in Nebraska?

Proof of publication needs to be provided to the Secretary of State. If you fail to provide this proof, your acts as an LLC or corporation are considered invalid until this obligation has been met.

New York Publication Requirements

In New York, LLCs are required to publish a public notice after formation. This rule also applies to foreign LLCs that obtain authorization to transact business within the state. Once you’ve received confirmation that your Articles of Incorporation has been accepted by the state, you have 120 days to publish your notice of formation.

Notices must be published weekly for six consecutive weeks in two newspapers. Each newspaper you publish in must circulate within your county. One must be a daily newspaper while the other must be printed weekly.

New York LLC publication requirements are strict. Your notice of formation must be in one of the following formats:

If you’re using a registered agent service:

(LLC NAME) Arts. of Org. filed with the SSNY on (DD/MM/YY). Office: (County name). (Name of registered agent) designated agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to (Name of registered agent) at (address of registered agent). Purpose: Any lawful purpose.

If you’re not using a registered agent service:

(LLC NAME) Arts. of Org. filed with the SSNY on (DD/MM/YY). Office: (County name). SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC. (Address of LLC Office). Purpose: Any lawful purpose.

Once you’ve fulfilled your publication requirement, the publishing newspapers will send you a Certificate of Publication. This should be forwarded to the Secretary of State, along with a completed Certificate of Publication form.

What happens if you don’t publish in New York?

If you fail to comply with the state’s publication requirement, your LLC’s authorization to conduct business in the state will be automatically suspended. You can avoid this by using ZenBusiness’s NY LLC Certificate of Publication service. Our team helps you reduce costs and simplifies the publication process by handling all required publications on your behalf. Once complete, we provide you with a completed Certificate of Publication.

Once your formation is complete, you can also rely on ZenBusiness to provide you with reliable registered agent services. We secure a registered agent to ensure you remain compliant with all state regulations. As per state laws, our registered agent partners receive legal notices on your behalf and are available to accept correspondence during regular business hours year-round.

Pennsylvania Publication Requirements

In Pennsylvania, only corporations are subject to publication requirements. Throughout the state, these requirements are also called advertising requirements. Notices must be filed in two general circulation newspapers in the county where your business is located, one of which must be a legal newspaper. These notices should either state your business’s intent to file Articles of Incorporation or the date you’ve filed if the process has already started.

Pennsylvania state law requires you to include the following information in your notice of incorporation:

  • The name or proposed name of your corporation
  • A statement declaring your intent to file Articles of Incorporation or a statement declaring that you’ve already filed

In addition to publishing a notice of incorporation in Pennsylvania, you’re also required to publish a public notice if your business is using a doing business as (DBA) name, meaning that it is operating under a name different from its legal name.

In Pennsylvania, corporations aren’t required to submit proof of publication to the Secretary of State. However, affidavits of publishing should be filed in your corporation’s minutes.

What happens if you don’t publish in Pennsylvania?

There are no consequences or deadlines for publishing your notice of incorporation in Pennsylvania.

Conclusion

Since publication requirements vary in each state, it’s important to do your research before sending your notice of formation or notice of incorporation to a local newspaper. Make sure that you’re complying with your state’s list of preferred newspapers and be careful to include all required information and wording.

In addition to the publication requirement, there are many other steps required to form your LLC or corporation. Rely on ZenBusiness’s services to help ensure you follow these steps efficiently and remain compliant with state laws.

FAQs

  1. 1. My state isn’t on the list. Does my business have a publication requirement?

    While the states listed above are the only ones that have publication requirements that apply to the formation of your LLC or corporation, others may require publications if you’re conducting business under another name or if you amend your Articles of Incorporation. Be sure to check with the Secretary of State website for up-to-date, accurate publication requirements.

  2. 2. What if I don’t comply with a publication requirement?

    In some states, there are no consequences for failing to comply with publication requirements. However, in other states, you run the risk of invalidating your LLC or corporation’s authorization to transact business if you don’t publish.

  3. 3. Do I need a lawyer to complete my publication requirement?

    A lawyer isn’t required to complete your publication requirement. If you’re in New York, where publication requirements are quite complicated, ZenBusiness can handle the process on your behalf. In other states, following the instructions listed above will help ensure that you’re in compliance with local publication requirements.