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7 • 2011

How to handle a publication for a New York LLC

This article has been updated here: All You Need to Know About New York’s LLC Publication Requirement

New York Limited Liability Company Law requires that within 120 days after the effectiveness of the initial Articles of Organization (or Application for Authority for a foreign LLC), a LLC must publish a copy of the Articles in two newspapers. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the Articles. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the Department of State. The fee for filing the Certificate of Publication is $50.

The following are the steps of the process:

1.         Call the County Clerk’s Office of the county provided for on the LLC’s articles or certificate of authority and request the names of the two publications in which the company will need to publish.  The County Clerk will require you to have a copy of the filing receipt (white with blue watermark).  The New York County Clerk’s phone number is 646) 386-5955.

2.         Call the two publications and ask for a proof of the publication text and price quote. Each will  email you a proof and price quote. If you are assigned the New York Law Journal, you can generate a request for a quote and draft the proof on their website which is http://www.law.com/jsp/nylj/nylawyer/create_notice.jsp

3.         If the proofs are correct (dates, names, etc.), respond to each publisher and say you approve the quote.   The publisher will then tell you the dates the publication will run.

4.         After 6 weeks, each publisher will send you an affidavit of publication. Copies of both Affidavits must be sent, along with a signed certificate of publication to the New York Secretary of State.

5.         Once you receive the filed certificate of publication, the process is complete.