Affidavit of Publication NY What It Is and Why Your LLC Needs It

An Affidavit of Publication is the document issued by a newspaper confirming that your New York LLC's legal notice was published as required.

If you form a limited liability company in New York, most LLCs must publish a notice of formation in two newspapers for six successive weeks. After those publications are complete, each newspaper provides an Affidavit of Publication.

• One from the designated daily newspaper
• One from the designated weekly newspaper

Those affidavits are your proof that the newspaper publication requirement was completed.

They are then attached to the LLC's Certificate of Publication and submitted to the New York Department of State.

The newspaper notice tells the public your LLC was formed.

The Affidavit of Publication proves the notice actually ran.

The Certificate of Publication tells the state that the entire publication requirement has been completed.

Quick Answer: Why Does Your LLC Need an Affidavit of Publication?

Your LLC needs an Affidavit of Publication because New York requires proof that the legal notice was actually published.

Simply paying a newspaper or seeing your notice appear in print is not enough to complete the state filing process.

After the six-week publication period:

• Each newspaper issues an Affidavit of Publication.
• You collect both affidavits.
• You prepare the Certificate of Publication.
• You attach the affidavits to the Certificate.
• You file the complete package with the New York Department of State.
• You pay the applicable state filing fee.

Without the newspaper affidavits, you generally do not have the proof needed to complete the Certificate of Publication filing.

Who Issues the Affidavit of Publication?

The newspaper issues the Affidavit of Publication.

More specifically, New York law defines an Affidavit of Publication as an affidavit from the printer or publisher of the newspaper in which the required publication was made.

This is important because an LLC owner does not normally create or sign their own Affidavit of Publication.

The document comes from the newspaper after the required publication run has been completed.

The newspaper is effectively certifying:

• We are the newspaper that ran the notice.
• We published the notice for the required period.
• The publication dates were correct.
• This is the text that was published.
• We were designated for this publication purpose.

Why Are Two Affidavits Required?

New York's LLC publication requirement generally requires publication in two newspapers.

One must be a daily newspaper.

The other must be a weekly newspaper.

Both must satisfy the county clerk's designation requirements for the county where the LLC office is located.

Since each newspaper is separately confirming its own publication, each newspaper provides its own affidavit.

That means your final publication package normally contains:

• One Affidavit of Publication from the daily newspaper
• One Affidavit of Publication from the weekly newspaper
• One Certificate of Publication

What Information Is Included in an Affidavit of Publication?

New York Limited Liability Company Law provides a statutory framework for what an Affidavit of Publication should contain.

A typical affidavit identifies:

• The applicable section of New York's Limited Liability Company Law
• The county
• The printer or publisher making the affidavit
• The name of the newspaper
• Whether the newspaper is daily or weekly
• Where the newspaper is published
• The legal name of the LLC
• The date publication began
• The date publication ended
• Confirmation that the notice ran once per week for six successive weeks
• The text of the published LLC notice
• Confirmation that the newspaper was designated by the appropriate county clerk
• The signature of the printer or publisher
• The required notarization or jurat

The notice itself may appear directly on the affidavit or as an attachment or exhibit.

Sample Affidavit of Publication Format

An actual affidavit is normally generated by the newspaper, but a simplified example might look conceptually like this:

AFFIDAVIT OF PUBLICATION

State of New York
County of Kings

The undersigned, being the printer or publisher of Example Weekly News, a weekly newspaper published in Brooklyn, New York, certifies that a notice regarding ABC DIGITAL STUDIO LLC was published once each week for six successive weeks, beginning September 25, 2026 and ending October 30, 2026.

The text of the notice published by the newspaper is attached.

Example Weekly News was designated by the Clerk of Kings County for the required publication.

Signature of Publisher or Printer

Notarization

This is only an illustration. You should use the affidavit supplied by the actual newspaper rather than drafting your own version.

What Does the Published Notice Attached to the Affidavit Look Like?

The affidavit will generally include or attach the exact legal notice that appeared in the newspaper.

For a domestic New York LLC, a notice might look similar to this:

NOTICE OF FORMATION OF ABC DIGITAL STUDIO LLC. Articles of Organization filed with the Secretary of State of New York (SSNY) on September 15, 2026. Office location: Kings County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to the LLC at 123 Example Avenue, Brooklyn, NY 11201. Purpose: any lawful act or activity.

The exact wording depends on the LLC's state filing information.

When Do You Receive the Affidavit of Publication?

You normally receive the affidavit after the newspaper has completed the six-week publication run.

New York requires the notice to appear once per week for six successive weeks.

Week 1

The first LLC notice appears.

Weeks 2 Through 5

The notice continues once each week.

Week 6

The final required publication appears.

After Week 6

The newspaper prepares the Affidavit of Publication.

Some newspapers issue affidavits quickly after the final publication. Others may take additional time.

What Happens After You Receive Both Affidavits?

Once you receive the Affidavit of Publication from both newspapers, the next step is filing the Certificate of Publication.

The affidavits are attached to that certificate.

The filing package is submitted to the New York Department of State, Division of Corporations.

The current filing fee for the Certificate of Publication is $50.

Two newspapers → Two affidavits → One Certificate of Publication → New York Department of State

Affidavit of Publication vs. Certificate of Publication

Document	Who Creates It?	What Does It Prove?	Where Does It Go?
Affidavit of Publication	Newspaper printer or publisher	The LLC notice was published as required	Attached to Certificate of Publication
Certificate of Publication	LLC, member, manager, authorized person, or filing service	The LLC completed the statutory publication requirement	Filed with New York Department of State

The newspaper signs the affidavit.

The LLC files the certificate.

Do You File the Affidavit of Publication With the County Clerk?

Generally, no.

The county clerk is involved in the newspaper designation process, but the completed publication proof is filed with the New York Department of State.

The two newspaper affidavits are attached to the Certificate of Publication and submitted to the Department of State.

Does the Newspaper Automatically File the Affidavit for You?

Usually, you should not assume that it does.

If you are managing the process yourself, the newspaper may simply send the affidavit to you. You would then be responsible for collecting the affidavit from the second newspaper, preparing the Certificate of Publication, and filing everything with the Department of State.

If you use LLC Publication Online, we manage the affidavit collection and final filing process as part of the publication service.

What If One Newspaper Sends Its Affidavit Before the Other?

That is normal.

The daily and weekly newspapers may not begin publication on exactly the same date.

One newspaper may therefore finish and issue its affidavit before the other.

You generally wait until you have both affidavits before completing the Certificate of Publication filing.

What If You Never Receive an Affidavit?

If publication finished but you did not receive the affidavit, contact the newspaper.

The newspaper may have:

• Not yet prepared it
• Mailed it to the wrong address
• Sent it electronically
• Sent it to your registered agent or publication provider
• Delayed processing after the final publication
• Required an additional administrative step before releasing it

What If You Lose an Affidavit of Publication?

Contact the newspaper that issued it.

Because the affidavit originates with the newspaper, the publisher may be able to provide another copy or advise you on obtaining replacement proof.

You should not simply recreate the affidavit yourself.

Should You Keep Your Affidavits After Filing?

Yes.

Your permanent LLC publication records should ideally include:

• The published LLC notice
• Affidavit from the daily newspaper
• Affidavit from the weekly newspaper
• Certificate of Publication
• Department of State filing confirmation or receipt
• Any county clerk newspaper designation records
• Related publication correspondence

Does the Affidavit Need to Be Notarized?

The statutory affidavit format includes a jurat, meaning the affidavit is made as a sworn statement.

The newspaper handles this as part of preparing the document.

As the LLC owner, you normally do not need to arrange notarization of the newspaper's Affidavit of Publication yourself.

Do You Need the Original Affidavits?

The filing format and acceptance requirements should be checked when preparing the final Certificate of Publication package.

If you are handling publication yourself, follow the current Department of State filing instructions rather than assuming that a screenshot, newspaper clipping, invoice, or email confirmation can substitute for an affidavit.

Is a Newspaper Invoice the Same as an Affidavit of Publication?

No.

A newspaper invoice proves that you paid for advertising.

It does not necessarily prove that the required notice actually ran once per week for six successive weeks.

Do not confuse:

• Newspaper invoice
• Newspaper receipt
• Ad confirmation
• Screenshot of the notice
• Newspaper clipping
• Affidavit of Publication

Only the affidavit is the formal publication-proof document contemplated by New York's LLC law.

Is a Newspaper Clipping Enough?

No.

A clipping can be useful for your records, but one newspaper clipping does not establish that the notice ran once each week for six successive weeks.

The Affidavit of Publication certifies the complete publication period.

Can You File the Certificate of Publication Without Both Affidavits?

You should not treat the Certificate of Publication as complete without the required affidavits.

Because the LLC must publish in two newspapers, the normal filing package contains an affidavit from each.

What If the Affidavit Contains the Wrong LLC Name?

Check the affidavit carefully before filing it.

If the newspaper affidavit identifies the wrong company, contains a material typo, or attaches the wrong notice, contact the newspaper before submitting the Certificate of Publication.

What If the Publication Dates Are Wrong?

The affidavit should accurately state the period during which publication occurred.

If the dates appear incorrect, compare them with:

• Your publication order
• Copies of the newspaper notices
• Newspaper correspondence
• The expected six-week schedule

Then contact the newspaper if correction is needed.

What If the Notice Itself Contained an Error?

This is different from an error made only on the affidavit.

If the actual published notice contained incorrect information, a significant error in the LLC name, formation date, county, service-of-process information, or other required notice information may need to be reviewed before filing the Certificate of Publication.

What If the LLC Information Changes During the Six Weeks?

If information in the notice changes after the first weekly publication has already been completed but before the sixth publication, the LLC generally may finish publishing the original notice without having to restart the entire publication solely because of that later change.

Likewise, a change after the six-week publication period has been completed does not automatically require republication.

What Happens If You Miss the 120-Day Deadline?

For a domestic New York LLC, the publication requirement generally must be completed and proof of publication filed within 120 days after the effectiveness of the initial Articles of Organization.

If the LLC fails to publish and file the required proof within that timeframe, its authority to carry on, conduct, or transact business in New York may be suspended.

The LLC can generally cure the issue by:

• Completing publication in substantial compliance with the requirements
• Obtaining the newspaper affidavits
• Filing the Certificate of Publication with the affidavits
• Restoring its authority to conduct business

Does Missing Publication Make the LLC's Contracts Invalid?

Failure to complete publication does not automatically invalidate every contract or act of the LLC.

It also does not automatically make an LLC member or manager personally liable for the company's contractual obligations merely because the publication requirement was missed.

Can a Late LLC Still Get Affidavits of Publication?

Yes.

If your LLC is already beyond the 120-day period, you can generally still arrange the required newspaper publication, complete the six-week run, obtain the affidavits, and file the Certificate of Publication.

Affidavit of Publication for a Foreign LLC

Foreign LLCs authorized to do business in New York also have a publication requirement.

A foreign LLC is an LLC originally formed outside New York, such as in:

• Delaware
• Florida
• Wyoming
• New Jersey
• Illinois
• Texas
• California

After qualifying in New York, a foreign LLC generally publishes notice of its authority in two newspapers for six successive weeks.

Just like a domestic LLC, the newspapers issue Affidavits of Publication after completion.

Affidavit of Publication for a Professional LLC

Professional service LLCs, or PLLCs, may also have New York publication requirements.

The qualifying newspapers provide affidavits showing that the required publication occurred, and those affidavits accompany the applicable Certificate of Publication.

How Much Does an Affidavit of Publication Cost?

The affidavit itself is typically part of the newspaper publication process rather than a separate New York government filing.

The larger expense is generally the newspaper advertising.

Newspaper rates vary substantially by county.

The separate New York Department of State filing fee for the Certificate of Publication is currently $50.

When comparing publication services, make sure you understand whether the quoted price includes:

• Both newspapers
• Six weeks of publication
• Both affidavits
• Certificate of Publication preparation
• The state filing fee
• Filing of the Certificate
• Final documentation

How LLC Publication Online Handles Your Affidavits

At LLC Publication Online, our process is designed to include:

• Reviewing your LLC information
• Preparing the correct publication notice
• Coordinating the required newspapers
• Tracking the six-week publication period
• Following up for the newspaper affidavits
• Collecting both Affidavits of Publication
• Preparing the Certificate of Publication
• Filing the Certificate and affidavits with the New York Department of State
• Providing completion documentation for your records

Step-by-Step: From Newspaper Publication to Affidavit Filing

Step 1: Confirm the LLC Information

Verify the legal name, filing date, county, and other information required in the notice.

Step 2: Obtain the Proper Newspaper Designations

The newspapers must satisfy the requirements for the county where the LLC office is located.

Step 3: Publish the Notice

The LLC notice runs once per week for six successive weeks in one daily and one weekly newspaper.

Step 4: Complete the Six-Week Publication Period

Both newspapers must complete their required runs.

Step 5: Receive the First Affidavit

One newspaper may issue its affidavit before the other.

Step 6: Receive the Second Affidavit

Once the second newspaper completes publication, collect its affidavit as well.

Step 7: Review Both Affidavits

• LLC name
• Newspaper name
• Daily or weekly status
• Publication dates
• Notice text
• County designation
• Signatures and notarization

Step 8: Prepare the Certificate of Publication

Use the LLC information that corresponds with the New York Department of State record.

Step 9: Attach Both Affidavits

The affidavits become part of the Certificate of Publication filing package.

Step 10: File With the New York Department of State

Submit the filing and the applicable $50 state fee.

Step 11: Keep Copies

Keep the affidavits, Certificate of Publication, and state confirmation with your permanent LLC records.

Affidavit of Publication Checklist

• Affidavit from the daily newspaper
• Affidavit from the weekly newspaper
• Correct LLC legal name
• Correct publication dates
• Confirmation of six successive weeks
• Correct newspaper names
• Correct daily and weekly designations
• County clerk designation language
• Published notice text or attachment
• Printer or publisher signature
• Proper sworn or notarized affidavit format
• Completed Certificate of Publication
• Required New York Department of State filing fee

Common Affidavit of Publication Mistakes

Filing With Only One Affidavit

Two newspapers generally means two affidavits.

Assuming the Newspaper Invoice Is Enough

Payment does not prove completion of publication.

Losing the Affidavits

Keep digital and physical copies if available.

Filing Before the Second Newspaper Finishes

Wait until both required publication runs are complete.

Ignoring Errors in the Affidavit

Check the LLC name, dates, notice, and newspaper information.

Sending the Affidavits to the Wrong Agency

The final Certificate of Publication package is filed with the New York Department of State.

Assuming Publication Is Complete When the Ads End

The newspaper run is only part of the process. The Certificate of Publication still needs to be filed.

Frequently Asked Questions About Affidavits of Publication in New York

What is an Affidavit of Publication NY?

An Affidavit of Publication is a sworn document from the printer or publisher of a newspaper confirming that an LLC notice was published as required.

Who provides the Affidavit of Publication?

The newspaper that published your LLC notice provides the affidavit.

How many Affidavits of Publication does a New York LLC need?

A typical LLC needs two: one from the required daily newspaper and one from the required weekly newspaper.

When do I receive the affidavits?

Usually after each newspaper completes the six successive weeks of publication.

Do I file the affidavits with the county clerk?

The affidavits are generally attached to the Certificate of Publication and filed with the New York Department of State.

What is the difference between an Affidavit of Publication and a Certificate of Publication?

The affidavit comes from the newspaper and proves the notice was published. The Certificate of Publication is the LLC's filing confirming that the statutory publication requirement was completed.

Can I create my own Affidavit of Publication?

Normally, no. The affidavit is issued by the printer or publisher of the newspaper.

Is a newspaper receipt enough?

No. A receipt or invoice shows payment, not necessarily that publication occurred for all six required weeks.

Is a copy of the newspaper notice enough?

No. A clipping or screenshot does not replace the formal Affidavit of Publication.

Does the Affidavit of Publication need to be notarized?

The statutory affidavit format is a sworn affidavit with a jurat. The newspaper typically handles this requirement when preparing the document.

What if I lose an affidavit?

Contact the newspaper that issued it and ask about obtaining another copy.

What if there is a mistake on the affidavit?

Contact the newspaper before filing the Certificate of Publication and request a corrected affidavit if necessary.

How long does it take to receive the affidavit?

The six-week publication period must first be completed. The newspaper's affidavit processing time afterward varies.

What happens after I receive both affidavits?

Attach them to the Certificate of Publication and file the package with the New York Department of State.

How much does the Certificate of Publication cost to file?

The current New York Department of State filing fee is $50.

What happens if I never file the affidavits and Certificate of Publication?

If a domestic LLC fails to complete and file proof of publication within the required 120-day period, its authority to carry on, conduct, or transact business in New York may be suspended until the requirement is cured.

Can LLC Publication Online handle the affidavits for me?

Yes. Our publication service is designed to coordinate the newspapers, track publication, collect both affidavits, prepare the Certificate of Publication, and complete the final filing process.

Final Thoughts: The Affidavit Is Your Proof That Publication Happened

The Affidavit of Publication may look like a simple piece of paperwork, but it is one of the most important documents in the New York LLC publication process.

Without it, you have newspaper advertisements but no formal proof from the publisher that the required six-week publication was completed.

For most New York LLCs, you need two affidavits:

One from the daily newspaper.

One from the weekly newspaper.

Those affidavits are then attached to the Certificate of Publication and filed with the New York Department of State.

That is what turns six weeks of newspaper advertising into documented compliance with New York's LLC publication requirement.

LLC Publication Online handles that process from beginning to end. We prepare the notice, coordinate the newspapers, monitor the six-week publication period, collect the affidavits, prepare the Certificate of Publication, and complete the filing process so you do not have to manage each step separately.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. LLC Publication Online is not a law firm and is not affiliated with the New York Department of State, any county clerk, or any government agency. Publication procedures can vary depending on the entity and county. Consult a licensed attorney if you need legal advice about your specific circumstances.