New York LLC Publication, Answered
Plain answers to what the law asks, when, and what to do if you missed it.
What Is New York LLC Publication?
New York LLC publication is a step every new New York LLC must complete: within 120 days after its articles of organization take effect, it publishes a notice of its formation once a week for six weeks in two newspapers designated by the county clerk, then files a Certificate of Publication with the Department of State ($50 fee).
The 120-Day Rule for New York LLC Publication
A New York LLC has 120 days from the day its initial articles of organization take effect to complete publication and file its Certificate of Publication. That is the filing date, unless the articles set a later effective date. An LLC from another state has 120 days from filing its Application for Authority.
What Happens If a New York LLC Never Published?
Its authority to carry on, conduct or transact business is suspended, but there is no fine, its contracts stay valid, and publishing late fixes it: once the LLC publishes and files its Certificate of Publication, the suspension is annulled.
How the Certificate of Publication Filing Works
After the six weeks of publication, the LLC files a Certificate of Publication with the New York Department of State, with both newspapers' affidavits of publication attached. The filing fee is $50.
Deadlines and Suspended LLCs
My LLC Never Published. Is It in Trouble?
Its authority to carry on, conduct or transact business is suspended until it publishes and files the Certificate of Publication. The LLC still exists, and the law says the failure doesn't limit or impair the validity of any contract or act of the LLC. (LLC Law §206)
Will the LLC Be Fined for Publishing Late?
No. Section 206 sets no fine and no late fee. The Department of State fee for filing the Certificate of Publication is $50, on time or late. (Department of State)
Can an LLC Still Publish Years After It Was Formed?
Yes. When it publishes and files the Certificate of Publication, the law says the suspension is annulled. The steps are the same as on time: six weeks in both designated newspapers, then the certificate.
Does It Matter for a Lawsuit?
New York courts have treated the suspension as stopping the LLC from maintaining a lawsuit while it lasts. A 2025 decision let an LLC that published late go on with its case once it had complied. (Shoreview Holdings v Fernandez)
Does PublishProof Charge More for a Late Filing?
No. Formed years ago? Same price.
LLC office in Albany County? We handle all of it, both newspapers, the affidavits and the certificate filing, for $349 all-in. Formed years ago? Same price. Start a Albany County order
After Publication: Keep Your LLC in Good Standing
- Assumed name (DBA) filing: $99 flat. The $25 state filing fee and 24-hour expedited handling by the Department of State are included.
- Certificate of good standing: $75 flat. The $25 state fee is included. Standard handling.
- Biennial statement filing: $59 flat. The $9 state fee is included. Filed online by us.
PublishProof is not a law firm and this page is general information, not legal advice.