September 15, 2025
The rules surrounding the establishment of a limited liability company (LLC) vary from state to state. Most business owners and entrepreneurs are aware of this when they put plans in place to create their new LLCs.
However, if there’s one LLC requirement that continues to shock entrepreneurs in New York, it’s the publication requirement. If you’re in the process of establishing your new LLC, keep reading to learn what the publication requirement is, what it involves, and why you should abide by it.
What Is the LLC Publication Requirement in New York?
Unlike most other states, there is a publication requirement for newly formed LLCs and foreign LLCs that have been permitted to do business in New York. You must publish two newspaper notices for six weeks within 120 days of forming your LLC.
These notices must be published in one daily and one weekly newspaper, which are chosen by the county clerk of the county you’re forming your LLC in. You must request the list of the designated newspapers from the county clerk’s office.
What Happens Next?
After six weeks of running the ads, the newspapers that published them must provide an affidavit of publication. This is a sworn legal document that confirms that the ads were published on particular dates and were available to the public.
Alongside the affidavit of publication, you will also need a certificate of publication, which is a document confirming that your LLC has fulfilled its legal requirement to publish a notice of the LLC’s establishment. Both of these documents, along with a filing fee, must then be provided to the New York Department of State.
Why Does the Publication Requirement Exist?
It’s only natural to question why the publication requirement for LLCs in New York exists since only a few states require it. The law dates back to the early 20th century and was intended as an easy way to inform the public about the launch of a new business entity. It remains enforceable to this day, but many people argue that it’s outdated.
How Much Does the Publication Requirement Cost?
The amount you’ll pay to fulfill New York’s publication requirement depends on many factors, such as the county you’re filing in and the newspapers you’re publishing ads in.
As of 2025, the Department of State filing fee is $50, on top of the cost to form an LLC. Ad prices also vary from a few hundred dollars to over $1,500. Generally, the smaller the ad, the lower the cost of publication.
What Happens if You Don’t Fulfill the Publication Requirement?
Failing to meet the publication requirement in New York means losing the authority to do business in New York. You also can’t bring lawsuits to the New York courts and may even encounter problems with contracts, banks, and investors that require good standing.
Should You Form An LLC in New York?
Meeting New York’s publication requirement is just one of many things to consider when you’re thinking about forming an LLC in New York. You may also like to think about these advantages and disadvantages:
Advantages
- Members are rarely liable for business debts and obligations
- Personal assets like savings and homes are protected
- Operational flexibility since LLCs can be managed by managers or members
- Fewer formal requirements compared to corporations
- Enhance credibility with investors, customers, and suppliers
- Flexible profit distribution
Disadvantages
- $200 fee to form an LLC in New York
- Publication requirement
- Need to maintain comprehensive records
Form An LLC in New York
Now that you’re aware of what the publication requirement in New York is and what it could mean for your LLC, are you ready to form your new entity? Nue Biz is here to help. We’re proud to be a trusted business formation service provider helping businesses register their LLCs, S-Corps, C-Corps, and sole proprietorships in New York and beyond.
Form your business with Nue Biz and experience a fast and easy 100% online process. There are no hidden fees and no hassle!
Nue Biz is an independent filing service dedicated to helping customers set up their businesses. We do not provide legal or financial advice; please consult a professional for specific guidance.
