New York LLC Law § 206 states that newly-formed LLCs are required to publish 2 legal notices for 6 consecutive weeks in 2 newspapers assigned by their County Clerk. After 6 weeks, each newspaper will issue an affidavit of publication that must be filed with the State of New York. The process must be completed within 120 days of the LLC filing date.
What’s the point of all this? Originally, the law was written from a consumer protection standpoint; requiring new businesses to put their community on notice of their presence. Thus, the information required to publicized in the LLC notices includes name of the company, address, type of business, registered agent, etc. With the decline of print media and physical advertising in general, the utility of the NYS publication requirement is certainly diminished, however, we still publish new LLCs here at the NYRA Co. for legal compliance purposes.
What Happens If I Don’t Publish My LLC?
NYS LLC Law Section 206 states that if a LLC fails to comply with the publication requirement “the authority of such limited liability company to carry on, conduct or transact any business in this state shall be suspended.” While NYS does reserve this right, we tend to see the consequences for failing to publish more often in a business context. For example, a recent client was unable to sell their business when the potential buyer performed their due diligence on the company and discovered the LLC wasn’t published according to law.
Can You Publish My LLC Late if I’ve Missed the 120-day Statutory Deadline?
Yes. We’ve published many LLCs late without any issues or penalties. Send us an email and include the full name of the LLC that you need to publish and we’ll take care of it ASAP.
How Much Does LLC Publication Cost in New York?
The LLC Publication flat fee depends on the county listed in your Articles of Organization. Click here for the LLC publication price in your county.
Contact us today if you need assistance completing the New York LLC Publication Requirement.