New York is one of only three states that requires newspaper publication as a step in forming or registering an LLC. The process is procedural — there are no judgment calls, just specific steps that must happen in a specific order. This guide walks through each one.
Step 1: Confirm Your Principal Office County
The publication requirement is tied to the county listed as your LLC's principal office on the Articles of Organization filed with the New York Department of State. This is the county whose newspapers you must use — it is not based on where you live, where you do business, or where your registered agent is located.
If you used a registered agent service when forming, the principal office on file may be the agent's address. Verify this on your DOS filing receipt before you begin publication. If the principal office on file is no longer accurate, you can file a Certificate of Change to update it before publishing.
Step 2: Obtain the Newspaper Designation
You cannot choose your own newspapers. The County Clerk in the principal office's county designates two specific newspapers for legal notices — one daily and one weekly. You must use these two papers.
To obtain the designation, contact the County Clerk's office (in person, by phone, or by mail depending on the county) and request the current newspaper designation for an LLC publication notice. Some counties issue this as a written designation document; others simply tell you the two papers over the phone.
Step 3: Draft the Notice
The publication notice must include specific information drawn from your Articles of Organization:
- The exact name of the LLC as filed
- The date the Articles of Organization were filed
- The county in which the principal office is located
- The address to which the Department of State should mail process
- The name and address of the registered agent (if applicable)
- The purpose of the LLC
The notice can be brief — typically 4–8 lines of newspaper copy — but every required element must be present and must match the Articles of Organization exactly. Errors in the notice (misspelled name, wrong filing date, wrong county) can invalidate the publication and require re-running.
Step 4: Run for Six Successive Weeks
The notice must run once per week for six successive weeks in both designated newspapers. The two papers do not have to publish on the same day — what matters is that each paper publishes the notice once per week for six consecutive weekly issues.
Most counties produce a complete publication run in six to seven calendar weeks. The total elapsed time depends on the publication schedule of the weekly paper.
Step 5: Collect the Affidavits of Publication
After the six-week run is complete, each newspaper issues an Affidavit of Publication — a sworn statement, signed by the publisher or designated representative, attesting that the notice ran on the dates specified. You will receive two affidavits, one from each paper.
The affidavits typically include tearsheets (clippings) of each weekly run. These tearsheets are not legally required for the state filing but are useful for your records and may be requested by banks or attorneys.
Step 6: File the Certificate of Publication
The final step is filing a Certificate of Publication with the New York Department of State. This is a one-page form that incorporates by reference the two Affidavits of Publication. The package includes:
- The completed Certificate of Publication form
- Both Affidavits of Publication (originals or certified copies)
- A $50 state filing fee
The Certificate is filed with the Division of Corporations in Albany. Once accepted, the Department of State issues a filing receipt — at which point your LLC has fully satisfied Section 206 and is in compliance.
The Timeline End to End
| Phase | Typical Duration |
|---|---|
| County Clerk designation | 1–3 business days |
| Newspaper booking & first run | Within 7 days |
| Six-week publication run | 6 weeks |
| Affidavit collection | 1 week after final run |
| Certificate filing & receipt | 1–2 weeks |
| Total elapsed time | 8–10 weeks |
What You Should End Up With
When the process is complete, you should have a packet containing:
- The County Clerk's newspaper designation (in counties that issue one in writing)
- The published notice text and tearsheets from both papers
- Both Affidavits of Publication
- The filed Certificate of Publication with the NY DOS receipt stamp
Keep this packet permanently in your LLC's records. Banks, lenders, and attorneys may request it years later as proof of compliance with Section 206.
The Common Pitfalls
The procedural nature of publication makes it forgiving in most respects but unforgiving in a few. The mistakes we see most often:
- Wrong county. Publishing in newspapers from the wrong county does not satisfy the requirement, even if the papers are technically larger or "better." The notice must run in the designated papers of the principal office's county.
- Outdated newspaper designation. Using yesterday's designated papers, not today's. The County Clerk's current designation governs.
- Notice errors. A typo in the LLC name or filing date can require the entire six-week run to be redone.
- Skipped weeks. The notice must appear in each of six consecutive weekly issues. A skipped week breaks the run.
- Missing the Certificate filing. Completing publication but never filing the Certificate of Publication with NY DOS leaves the LLC technically still suspended — the filing is what closes the loop.
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Start Your LLC Publication →Disclaimer: This article is general informational content about the New York LLC publication process and does not constitute legal advice. LLC Publication Online is not a law firm. For advice specific to your situation, consult a licensed New York attorney.