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The New York publication requirement for a foreign LLC, and why cost depends on the county

Within 120 days after its Application for Authority is filed, a foreign LLC must publish notice in two county-designated newspapers once a week for six weeks and file a Certificate of Publication with the affidavits for $50, or its authority to do business is suspended. The newspapers charge for the notices, no official source says how much, and the county the LLC names controls which papers it must use.

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The requirement at a glance

Rule
LLC Law 802
Deadline
120 days after the application is filed
Frequency
Once a week for 6 successive weeks
Newspapers
Two in the LLC's county: one daily, one weekly, designated by the county clerk
Proof
Certificate of Publication with both affidavits
Filing fee for proof
$50
Newspaper charges
Set by the papers

Where the rule comes from

Section 802 of the LLC Law requires a foreign LLC to publish a copy of its application or a notice with its substance, within 120 days of filing. The Department of State describes the mechanics: two newspapers in the county where the LLC's office is located, one printed daily and one printed weekly, designated by that county clerk, with publication done in New York State. The newspapers must be designated by the clerk of the county the application names as the LLC's office location.

Why the county drives the cost

Cost is not a single figure because two things vary. The first is which papers: the clerk of the named county designates them, and each county has its own arrangement. The second is the rate each paper charges. The newspapers charge a fee for publication. The practical answer is to get each designated paper's rate for a notice of the length the statute requires.

The county is a choice for most foreign LLCs

Statement THIRD of Form DOS-1361-f-a asks for the county where the LLC's office is to be located, and the form adds that no actual New York office is required. A company with no New York premises therefore picks a county. Because the clerk of that county names the papers, the choice sets the field of newspapers you can use. A later Certificate of Change can specify or change the county, for $30.

What five county clerks say

New York County: the New York Law Journal is the first mandatory newspaper (daily), and the county clerk designates the second, a weekly. Queens County: a rotating list of newspapers, with designations assigned in the order requests are received, requested in person or by email. Kings County: two photocopies of the Albany filing receipt are submitted so the clerk can assign two local newspapers. Westchester County: the clerk only designates the two publications, using a Designation of Publications form. Broome County: one daily newspaper and one weekly newspaper named on the clerk's FAQ page.

What the notice must contain

The statute lets the LLC publish a copy of the application or a notice that includes a copy of the application for authority or a notice with its substance: the LLC name, the filing date, the home jurisdiction and date of organization, the county of its New York office, any street address of its principal business location, the Secretary of State as agent with the address for mailed process, any registered agent, the home-jurisdiction office address, and the home officer with whom its certificate of organization is filed. The published name is the one on the application.

The 120-day arithmetic

Six weekly runs take at least six weeks, and the affidavits come after the last run. An application filed on March 1 gives until June 29, which is 120 days later. If the county takes weeks to designate papers, that room shrinks quickly.

Affidavits and the Certificate of Publication

After publication, the printer or publisher of each newspaper provides an affidavit of publication; the certificate of publication with both affidavits attached is filed with the Department. It goes to New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 with $50. The Department accepts cash, check, money order, MasterCard, Visa or American Express; checks and money orders payable to the Department of State; cash is not to be mailed, and large checks must be certified.

What happens if proof is late

The statute suspends the LLC's authority to carry on business in the state if proof is not filed in time. The suspension is annulled when proof in substantial compliance, apart from the 120-day period, is later filed with the Department. So lateness is repairable, but a suspended LLC is exposed in the meantime. The penalties page sets out how section 808 treats an LLC without authority.

A way to plan the money

Add the Department's two fees, $250 and $50, for $300. Then request quotes from the two papers your clerk names and add them. Our cost page has the Department's side tabulated, and checkout shows our fee separately.

What we do about publication

We prepare the application and tell you which county's clerk to contact and what to bring. We do not place newspaper notices, and we do not quote newspaper prices. When the affidavits arrive, we can prepare the Certificate of Publication cover and check the filing for you. Write to us to set that up.

The publication sequence

  1. File the application

    The 120-day clock starts the day it is filed.

  2. Contact the county clerk

    Ask which two newspapers are designated.

  3. Get the rates and place the notices

    Once a week for six weeks in a daily and a weekly paper.

  4. Collect the affidavits

    One from each paper, after the last run.

  5. File the Certificate of Publication

    Send it to Albany with $50.

Publication questions

How much does LLC publication cost in New York?

The papers set the price and the county decides which papers.

How long must the notice run?

Once a week for 6 weeks.

Can the notices run outside New York?

No. Publication must be done in New York State.

What if I miss the 120 days?

Authority is suspended until proof is filed.

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Our fee and the New York fee

Begin my New York application

  • The New York Application for Authority drafted from your replies
  • Your home-state certificate of existence checked for age before filing
  • A New York registered agent, ours or yours
  • The filed record emailed to you
  • Renewal: after the first year, the agent service renews at $149 a year
New York

$199

+ $250 New York fee (LLC)

Begin my New York application

New York charges $250 for an LLC, $225 for a corporation and $135 for a nonprofit. Publication for an LLC is a separate step with its own costs. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

Sources

  1. New York Department of State, Application for Authority for foreign limited liability companies
  2. New York Department of State, Form DOS-1361-f-a, Application for Authority of a foreign LLC
  3. New York Department of State, fee schedules
  4. New York Department of State, Application for Authority for a foreign business corporation
  5. New York Business Express, foreign not-for-profit Application for Authority
  6. New York Department of State, Certificate of Publication for a foreign limited liability company
  7. New York Limited Liability Company Law, section 802
  8. New York Department of State, forming a limited liability company (publication questions)
  9. New York Department of State, Certificate of Change for a foreign limited liability company
  10. New York County Clerk, LLC publications
  11. Queens County Clerk, publications for LLCs
  12. Kings County Clerk, filing and LLC publications
  13. Westchester County Clerk, limited liability companies
  14. Broome County Clerk, LLC frequently asked questions

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