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After you start your New York LLC, and complete the publication requirements, you must submit a Certificate of Publication.
Accepted Forms of Payment
Check or Money Order
Make Payable To
“Department of State”
In one envelope, mail your Certificate of Publication, both Affidavits of Publication, and the $50 filing fee (made payable to the “Department of State”) to:
Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue, Suite 600
Albany, NY 12231
Make Sure to Include the Newspaper “Snippets”
The newspapers will mail you back Affidavits of Publication. You’ll have two of them (one from each newspaper). Along with those Affidavits, the newspapers will include a “snippet”, which is a copy of the actual ad. Make sure to include that with your Affidavits of Publication, Certificate of Publication, and check or money order when mailing everything in.
Envelope & 2 Stamps
You can just use a regular #10 white envelope (the standard one). With all the above pages, your envelope will weight over 1 ounce. Use 2 stamps on the envelope.
State Contact Info
Phone: 518-473-2492 (hours: M-F, 8:30am – 4:30pm)
Website: New York Department of State: Contact Info
Once you have mailed the State your Certificate of Publication, both Affidavits of Publication, and the $50 filing fee (together in one envelope), you can then proceed to the next Lesson: Biennial Statements.
NEW YORK LLC GUIDE
Follow the lessons below to form your New York LLC.
59 comments on “New York – Certificate of Publication”
Disclaimer: Nothing on this page shall be interpreted as legal or tax advice. Rules and regulations vary by location. They also change over time and are specific to your situation. Furthermore, this comment section is provided so people can share their thoughts and experience. Please consult a licensed professional if you have legal or tax questions.
Do I need to obtain the publication certificate for the LLC before I file for s-corp status? Or can I go ahead and file for s-corp without it?
Hey SM, no, no need to wait. You can elect for S-Corp taxation right away.
Hello Matt ! I recently was told that the article of publication has been lifted due to the ongoing pandemic. can you confirm this information ? I have been trying to do my own research but I seem to come up short. Cheers!
Hi Mazi, we are looking into it this week. We’ll reply back here shortly. Thank you.
Hi Mazi, our research team looked into this. We found no such bill or no such relief. We’ve also spoken to the state on three different occasions about this. The newspaper publication requirement has not been lifted; it is still in place. Hope that helps.
Thank you very much. Highly appreciated. Happy holidays!! Cheers
You’re welcome Mazi! Happy holidays :)
Thank you for compiling this information in one place! It’s been super helpful to an LLC newb.
A question regarding filing the Certificate of Publication — I did this, with my affidavits, snippets, and check, weeks ago. Is there any way to tell if the submission was received? Will I be notified? Almost wishing I’d sent it tracked mail, just to put it out of mind…
From my experience, they should send you a letter saying that your company is active and all is in compliance. It may take a few weeks though. You can also track when they cash your check.
Hi Inna, it sounds like you’re referring to a Certificate of Status for New York LLC (aka Certificate of Good Standing or Certificate of Existence). In this case Matti is asking what is returned after the Certificate of Publication is filed. The only thing the state sends back is a Filing Receipt. And the Filing Receipt doesn’t say anything regarding being active and/or in compliance (although the LLC is active and in compliance). Hope that helps clarify.
You’re very welcome Matti! There isn’t a way to track when it was received, however, once filed, you will receive back in the mail a Filing Receipt. Hope that helps.
Is the information to be entered on the Certificate of Publication also public record like the Articles of Organization?
Also, it says “and the designations made by the county clerk” on the form – what is this referring to? Since I’ve heard from some sources that you need the county clerk to tell you which newspapers to publish in, and some sources say you can choose your own.
Thank you again so much for the extremely valuable content!
Hey Bagogipi, yes, the Certificate of Publication is also made publicly accessible. It depends on the county. What county are you publishing your ads in? If it’s Albany, you can pick the newspapers. Hope that helps.
Oh ok. I am thinking I’ll use Northwest, so I’d publish in Albany.
Does Northwest handle the filing of Certificate of Publication (if I’ve hired them for the LLC formation) once I get the Affidavits of Publication, or for this do I have to use my own address as the Filer’s Address on the Certificate of Publication? Just curious if I only get their privacy assistance when it comes to the Articles and not the Certificate of Publication.
Thank you again!
Hi Bagogipi, Northwest doesn’t handle any portion of the publication requirement. However, if you’ve hired them as your LLC’s Registered Agent, you can use their address in your Certificate of Publication and for the Filer’s address too. Hope that helps!
Hi thanks for the great videos! On the current form, on page 2 there’s an extra line in between the name and address lines which says “company if applicable”. Do I fill the company name there (eg, ABC widgets)? Leave it blank?
Hi Andrew, you’re very welcome! That part doesn’t matter too much. You can enter your LLC name there or leave it blank. It’s just the person/company submitting the document. Hope that helps.
Hi thanks for the great videos! Just a couple of questions:
1)do I have to send in the original affidavits from the newspapers or can I send a copy?
2)If filed my articles of organization with the name “ABC widgets”, published the ads for “ABC widgets”, and then changed the name(with a Certificate of Amendment)to “XYZ widgets” before the ads finished running, on the certificate of publication, should I write “ABC widgets” or “XYZ widgets” as the LLC name?
Thanks in advance!
You’re welcome, Brian!
1. Copies of the Affidavits of Publication are fine to send to the state. Same thing with the newspaper “snippets” (if you were mailed a cut-out). You can keep the originals for your records.
2. You can actually use the most current name, then you’ll see this part: “If the name of the limited liability company has changed, the name under which it was organized is“… that’s where you can enter your original LLC name.
Hope that helps!
Thank you for the info/videos extremely helpful. 2 questions for you
1)If I decide to use Northwest as my registered agent do they take care of newspaper publication for me or do I personally do it myself?
2) I will like to form the LLC on my own, do I use sign up with Northwest first and then proceed to file the on the state website?
Hey Mel, you’re welcome! 1. You would take care that. They don’t offer that service at this time. 2. Yes, if you are going to file yourself, you’d hire Northwest first, then proceed with the Articles of Organization filing. You can signup with Northwest Registered Agent online (takes a few minutes) and once that’s done, you’ll see their address to use in your filing within your account dashboard. Hope that helps!
Thank you for the advice, Matt. I’m surprised about having to register in Florida. The employee will be telecommuting, and will be paid as an independent contractor. I was more expecting to have to register in PA, since I’ll be the sole member owner. If I hire other consultant employees in other states, will I need to register as a foreign LLC in those states too?
Hi Eve, you’re welcome. An employee and an independent contractor are two different things. Having employees in a particular state carrying out activities in that particular state is considered “doing business”. In your case, an independent contractor who works from home is not “doing business” so you won’t have to worry about registering as a Foreign LLC in Florida. Regarding NY/PA, what type of activities will you be in doing in PA in regards to the NY rental business?
>>Regarding NY/PA, what type of activities will you be in doing in PA in regards to the NY rental business?<<
I will be the sole member/owner of the LLC residing in PA.
Otherwise, I might also pay myself as an independent contractor. Is that allowed?
Thanks again. Your website is the absolute BEST!
Hi Eve, thank you! If there aren’t business activities taking place in PA, then you shouldn’t have to register there as a Foreign LLC. You wouldn’t need to be an independent contractor. You can just pay yourself via owner distributions. That could simply mean transferring money from the business bank account to your personal account or writing yourself a check from the business bank account.
Thank you! You’ve been extremely helpful, Matt.
How can I further protect the assets of the LLC? Would forming a trust be a good idea? If so, how should I structure the ownership/control of the LLC with respect to the trust?
You’re very welcome Eve! Make sure finances are not commingled by keeping a separate personal and LLC bank account. We don’t do a lot of work with trusts currently, so that would be a question you’d need to run by a business lawyer and/or estate planning lawyer. Thank you for your understanding.
Thank you, Matt, you’ve been extremely helpful!
You’re welcome Eve!
Can my accountant be considered “Authorized Person” and sign the first page of the Certificate of Publication? NYS told me they don’t accept POAs. Thanks!
Hi Inna, yes, your accountant can be the Authorized Person. In fact, any person who you give permission to can be an Authorized Person. So you’d check off “Authorized Person” to the right of “The undersigned is the” and have your accountant sign and print their name at the bottom. Hope that helps!
On the second page where is asks for the address. Do we use the registered agents address or the business address?
Hi Mariopio, on the 2nd page of the Certificate of Publication where it asks for the “Filer’s Name and Mailing Address”, that would be your name, LLC name, and your mailing address (this is where the Filing Receipt will be returned to). If you’re using a Registered Agent, like Northwest Registered Agent, they will let you use their address here for privacy. Then when they receive your Filing Receipt, they’ll scan and email it to you. Hope that helps.
My certificate of publication was rejected because there was a typo in the name of the corporation in the ads. But our 120 days is expired now. How do I remedy this? Do I need to re-publish for another six weeks?
Hi Frank, man, that is unfortunate. To bring your LLC into a good standing status, yes, you’d have to publish for another six weeks and then refile the Certificate of Publication with new Affidavits of Publications and clippings. Only exception to that would be if the newspaper ran your ads again for free, but I wouldn’t be too hopeful of that. Hope that helps though.
Hello Mr. Horwitz,
Happy New Years to you and bless you for the wonderful and much needed information… I was dreading to do an LLC for I thought LLC’S where for rich people who had large start-up and legal budgets. I cannot believe how easy this is. You are the best! It is True what is written; seek and ye shall find, ask and ye shall be given. Thank you so so very much.
Hello again Helena!! Your comments rock! Thank you so much for your lovely messages :) And yes, I agree 100%. Seek and ye shall find!
How do you do download and fill out the application again? I forgot. Lol
Hi Jason, I’m not sure if you’re referring to the Certificate of Publication or the Articles of Organization. The Certificate of Publication form and instructions are on this very page. The Articles of Organization is in the “Filing Forms” lesson.
It is a very helpful video Matt!
Thanks so much!!
You’re very welcome Tuan!
For my mailing address, do I use the
Albany address of the Registered Agent or;
my Brooklyn POB address? Does it matter?
Hi Kathleen, you can use whichever address is most convenient for receiving mail. The state will send you back a Filing Receipt once they’ve processed your Certificate of Publication. Again, the Filer’s Address can be anything you’d like. It’s not important which one you use.
Thank you for the all the information. I’ve completed steps 1-6 on this site. I recently moved to Virginia and my business (filing) mailing address has changed. I am going to get the certificate of Publication this month. should I change my address to my home in Virginia or to a family member in New york?
Thanks in advance
You’re welcome Eric. Will you still be operating the business in New York, or do you need to move the LLC to Virginia? If you’re still operating in NY, you can change the address for forwarding of service of process to anywhere you’d like. The address does not have to be in New York. The service of process address can be anywhere in the US, and PO boxes are allowed. You just can’t use an address outside of the US.
I just want to acknowledge the great help I’ve received through your step by step guide on forming an LLC. You even said to put ‘two stamps’ on an envelope when sending out the certification of publication! You have done a wonderful job and I am sure many people are having a similar experience.
Hi Shaheen, thank you for the lovely comment! Attention to detail is important ;-) Best wishes with your business and thanks again!
Just wanted to say thanks a million for the vids. I called legalzoom and they wanted a lot, without the NY publication filing requirement. So I decided to just do this myself.
You’re very welcome Brian! Happy to hear you were able to save a few bucks ;)
Amazing videos, thanks for putting them up- they were a huge help.
Do I receive a receipt back from the state dept when I send in my publication requirement, so should I just assume that I am ‘good to go’?
Hi Johny, thank you! Glad they were helpful. Yes, you’ll receive back a Filing Receipt as proof that the New York Division of Corporations received and processed your Certificate of Publication.
New York is quite slow with how things are processed and mailed, so it can take 3-5 weeks before you receive your Filing Receipt in the mail. You can also call them to verify/check the status at 518-473-2492. We recommend calling earlier in the morning (they open at 8:30am Eastern) for the shortest wait time. Hope that helps!
Thank you Matt! Amazing info on your site :)
You’re welcome Johny :) Thank you for the kind words!
Thank you for all the information you have provided on this website! It has been extremely helpful. And thank you for that phone number. I just called today to ask about the status of my LLC and thought I would give you and your readers a quick update as well. I filed my Certificate of Publication on January 14th. It’s been exactly five weeks now. When I called, they confirmed that my LLC was filed a week ago, everything is good and I should be getting my proof receipt in the mail any day. So the total processing time for me has been four weeks, plus at least one week after (with yesterday’s holiday included), and I have still not received anything back. Definitely a longer process than expected! I’m just waiting and hoping to get my proof mailed back so I can change my address before March….
Hey Scott, you’re very welcome man! Yes, that’s super helpful information. When we’ve filed these documents ourselves, we’ve noticed it can take up to 45 days at maximum. If you received confirmation that your Certificate of Publication has been processed, you should be fine to file the Certificate of Change and change your address. You’ll also likely receive the Filing Receipt (for the Certificate of Publication) before the end of February, so if you’d also like to wait, that should work too. Hope that helps.