New York LLC Publication Requirements (Part 2)

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When you start a New York LLC, you must publish a notice or advertisement about your new company.

New York LLC - Publication Requirement (Part 2)

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Downloads

Ad Request Form

County Clerk Directory

LLC PublicationInstructions: Call your county clerk. Ask for the phone number of one daily newspaper and one weekly newspaper. Then call the newspapers for instructions.

List of all County Clerks: NYSAC: NYS Association of County Clerks

Albany County Newspapers

Times Union Daily (daily circulation newspaper)

Phone: 518-454-5000 (press 0, then ask to the Legal Department)
Email: tulegals@timesunion.com

When emailing the Times Union Daily, you will need to include:

  1. The text for your newspaper ad. You can just type it inside the email.
  2. The county of the office location in New York. For example: Albany county.
  3. Your name, telephone number, and mailing address. The mailing address should be your actual mailing address, which can be located in New York state or it can be in another state. The newspaper doesn’t want your Registered Agent address here. They want your actual mailing address. Note, this doesn’t affect the publication strategy.
  4. The section of law that applies to your New York LLC. Most people have what’s called a “Domestic LLC” (an LLC formed in New York). Domestic LLCs are Section 206. If you have a Foreign LLC, that is Section 802.

Note: Domestic Professional LLC (PLLC) is Section 1203. Foreign Professional LLC is section 1306.

(related article: what’s the different between a domestic LLC and a foreign LLC?)

Altamont Enterprise (weekly circulation newspaper)

Phone: 518-861-4026 (press 101 for Legals)
Email: legals@altamontenterprise.com

Instructions:

1. Send them the text for your newspaper ad and request a price quote.
2. Give them written approval in the email. Can be as simple as, “Okay, please proceed.”
3. They will send you an invoice and you can make payment online.
4. FYI, because they are a weekly paper, they only check emails on Friday and Saturday.

Example LLC newspaper ad text

Note: You can replaced what’s underlined with your LLC’s information.

TURTLE POND LLC. Art. of Org. filed with the SSNY on 07/31/14. Office: Albany County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 100 Jane Street, #4A, New York, NY 10014. Purpose: Any lawful purpose.

Since most newspapers charge per line (or per word), we have a shorter version that still meets the legal requirements. Feel free to use this version to save money:

TURTLE POND LLC. Filed with SSNY on 07/31/14. Office: Albany County. SSNY designated as agent for process & shall mail copy to: 100 Jane Street, #4A, New York, NY 10014. Purpose: Any lawful.

Certificate of Publication

Once you have published your ad in one weekly circulation newspaper and one daily circulation newspaper for 6 consecutive weeks, please wait for the newspapers to send you your Affidavits of Publication.

Once you receive your Affidavits of Publication, you can learn about the Certificate of Publication.

Matt Horwitz
Matt Horwitz
Matt Horwitz is the leading expert on LLC education, and has been teaching for 15 years. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.

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65 comments on “New York Publication Requirements (Part 2)”

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.

  1. Hi Matt,

    Thank you for all that you do! Once I receive my certificate of publication from the state of NY, am I allowed to change the address from a registered agent to my address in Florida? Or does the address have to remain in NY?

    Reply
    • You’re welcome Jennifer! It depends on which address you’re talking about (since there’s actually two). There is the mailing address, aka forwarding of service of process address. This can be in any state, so you could change this to Florida. And then there is the Registered Agent address (if a Registered Agent address field is used). If you’re using this field however, you can just revoke the Registered Agent (also on the Certificate of Change), and you should be all set :)

      Reply
  2. Great website!

    Do I need to have my registered agent’s name on the publication?

    Following your format I put this for Altamont Enterprise: “Venture Collin, LLC Articles of Org. filed NY Sec. of State (SSNY) 2/19/23. Office in Albany Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Registered Agents Inc. 418 Broadway Ste R Albany NY 12207. Purpose: Any lawful activity.”

    Should I have put “SSNY shall mail a copy of process to registered agent Registered Agents Inc. 418 Broadway Ste R Albany NY 12207. Purpose: Any lawful activity.”? Will it pass to get the certificate of publication?

    For Time Union they now have a set format and only allow you to fill in the fields. Which benefits them with more lines. As a result, it automatically says “mail process is to the limited liability company at”. I can’t change this wording. Since I have a registered agent, is this going to cause an issue with getting my certificate of publication? Also, I forgot to put Registered Agents Inc. on there. Is this going to cause an issue? Or will it pass as it is (see below)?

    “Notice of formation of Venture Collin, LLC. Articles of Organization filed with New York State Dept. of State on 02/19/2023. The County within this state in which the office of the limited liability company is located is Albany.The Secretary of State is designated as agent upon whom process against it may be served. The address to which the Secretary of State shall mail process is to the limited liability company at 418 Broadway, STE R, Albany, NY 12207. Company is organized for Any Lawful purpose.”

    Thank you!

    Reply
    • Hi Jennifer, no, you don’t have to. This is due to a quirk in New York. By default, the Secretary of State is the Agent for Service of Process for all entities in the state. If you have a Commercial Registered Agent, they serve as an Agent in addition to the Secretary of State. The newspaper ad copy you sent looks great. It’ll work well for the publication requirement and the Certificate of Publication. And thanks for the note about the Times Union now having a template.

      Reply
      • Hey Matt, Just found about your website today and wished I did back when I filled my LLC. So I did my LLC in July 2021 and never published in a newspaper because i didn’t know how to go about it but did the filing through incfile. What should I do in this case? I have everything else except this

        Reply
        • The county that my llc was filed is Albany and there was a registered agent listed on there that is located in NY but no longer use. Do I need a new registered agent located in Albany? Or can i just do the publication since the county is Albany and put my Ny virtual address then do certificate of change for the county afterwards.

          Reply
          • Hey Laurendie, you can just handle the publication requirement now. Once complete, it’ll bring your LLC into good standing status. And yes, if your LLC is still located in Albany county, you don’t need to get a new Registered Agent for the publication requirement. If you want to share the name of your LLC, I can take a look to see what’s on file (sometimes there are two addresses). If you prefer to keep your LLC name private, we can redact the name after so no one else can see it. Optional, of course :)

            Reply
            • Thank you so much Matt. I want to keep the LLC name private but it’s [REDACTED], when I check on the database today the address listed was the registered agent address. After doing a lot of research I’ve also decided to let Northwest handle the publication since they offer that service then do the certificate of change myself so I can change the county back to Queens and put the virtual address instead.

              Reply
              • You’re very welcome Laurendie. I reviewed your LLC’s online record. It shows a Commercial Registered Agent name and address listed for your LLC’s mailing address (aka the Address for Forwarding of Service of Process). And your county location shows Albany.

                So after you complete the publication requirement, and you begin filling out the NY LLC Certificate of Change, you’ll only need to change the first two items under “THIRD” (the county location and the “post office address to which the Secretary of State shall mail a copy of any process…”).

                Said another way, if you look at your online record, you’ll notice there is no information in the “Registered Agent Name and Address” field. This means that when you file the Certificate of Change, under THIRD, ignore the last 4 check boxes (related to Registered Agent). Basically, your current Registered Agent isn’t listed as a Registered Agent… but rather as the mailing address. Hopefully that’s not too confusing lol!

                Once the Certificate of Change has been processed (you’ll receive a Filing Receipt as proof), you can cancel your Registered Agent service.

                Reply
                • This process is a bit overwhelming but you now make it so much easier. Thank you for taking the time to look it up and guide me in the right direction. I’m going to follow this outline and use your advice to complete everything and will continue to use all the free resources on your site. Again , Thank you for all that you do.

                  Reply
                  • I know, it’s a lot. Just take your time with it and stay the course. And drop us a comment if you need anything along the way :) We’ll be happy to review your Certificate of Change form when the time comes, if that helps. You’re very welcome!

                    Reply
      • I’m currently in the process of publishing the notice and see that TU are using a template as you say. Did you find any way to edit it?

        Reply
        • Hi Mateo, we personally haven’t used the new template from the Times Union. I recommend calling them and asking if they accept a “custom” submission. If you do, feel free to share you findings. Thanks :)

          Reply
  3. Hey Matt, thanks for all the useful tips. One thing I’m not completely clear on is the daily newspaper ad requirement. Do I need to advertise every day for 6 weeks, or once per week for 6 weeks? The weekly newspaper is pretty clear… I’ll advertise once per week there!

    Reply
    • Hi CJ, you’re very welcome. The statute (Section 206) states, “…shall be published once in each week for six successive weeks…”, so each newspaper will be running the ad once each week. The different between the newspapers is one is printed daily and one is printed weekly. These rules can be a little funny lol ;)

      Reply
  4. Hi Matt, thank you for this helpful information. I just have a question about paying for Publication. Can I use my personal expenses or does it count as a business expense meaning I would need to set up my business account first?
    Thank you again

    Reply
    • Hi Bri, you’re very welcome. No, you don’t need to open an LLC bank account in order to pay for the newspaper publication in order to claim it as a business expense. You can simply have your LLC reimburse you and from a tax and bookkeeping perspective, it’s as if it were a business expense.

      Reply
      • Thank you for your assistance. Also, for publication do I give the newspapers the filing date or effective date being that they are different?

        Reply
        • You’re welcome Bri. Great question. For the ad text, you can use “Filed with SSNY on…” and list the filed date and not the effective date.

          Reply
      • Hi Matt! Thank you for answering this question. I was about to open a business account for all these expenses. Now I know I don’t need to.

        Reply
        • Hi Trudy :) You’ll still want an LLC bank account. I was just commenting above that it’s not a “must” for the Bri to pay for the newspaper ads. However, you’ll certainly want an LLC bank account in place and you want to be using it correctly. Meaning, pay for business expenses using the LLC’s business bank account. And don’t pay for personal expenses directly from the LLC’s bank account. Instead, if you need money from the LLC, transfer it first from the LLC’s bank account to your personal bank account.

          Reply
  5. Hey Matt,
    Your website is Amazing! I have question about the ad. As I used Northwest Registered Agent to form the LLC do I need to put only their address inside the ad or both their name and address? Best
    Tanja

    Reply
    • Thanks Tanja! If you look at the “Turtle Pond LLC” example ad text above on this page, you can use that format. So you won’t need to use Northwest Registered Agent’s name, but just use their address instead. Hope that helps :)

      Reply
  6. My LLC was formed on 1/9/19 in NY but hasn’t filed LLC publication with SSNY. What is the penalty and remedy?

    Thank you,

    Reply
    • Hi Jason, your LLC is not in good standing. To remedy the situation, you just need to meet the publication requirement. Hope that helps.

      Reply
  7. Hello Matt,

    Looks like Albany daily newspaper has new requirements.

    If you included a legal notice, please be sure that the following was included:
    Your legal notice in text form (word document or typed into an email preferred)
    Your full name
    The address you would like the affidavit sent*
    *note this CANNOT be your Registered Agent’s address
    *also note, we DO NOT email the affidavit
    A phone number we can reach you at
    The section number for your LLC/PLLC/LP/etc. <——————— Where can I find this section number?
    The county of the office location

    Regards,
    David.

    Reply
    • Hi David, thanks for your comment! We got in touch with the Times Union Daily and added more detailed instructions to this page. The “section number” for the LLC is pertaining to the relevant section of law under which a New York LLC is formed/registered. Most people have what’s called a “regular” Domestic LLC. If that’s the case, you’ll use Section 206. If anyone else is reading this, we added the other sections above under the Times Union Daily instructions. Hope that helps!

      Reply
  8. Hi Matt,
    Thank you for the information. I have followed your videos to form the LLC for my business, your step-by-step guide has been very valuable to help me with the process and avoid unnecessary expense. Per your recommendation, I have hired a registered agent in Albany and when I filed for the LLC (late December last year) I chose existence date of January 1 of this year. I have 2 specific questions for Publication requirements (this by far has been the most time consuming hurdle in this process). 1) Do I need to include the existence date in the legal notice, since it is not the same as filing date? Legally, is the formation date for my LLC the filing date (December) or existence date (January 1)? 2) Per articles or org., SSNY is my designated agent. However, I do have a commercial registered agent as well. Do I need to include this in the legal notice? It is not part of my articles of org. but Section 206 says the notice shall include (item 5).
    Thank you

    Reply
    • Hey Polina, you’re very welcome. 1) I think it’s a good idea to include that. For example, “Art. of Org. filed with the SSNY on XX/XX/19. Effective XX/XX/19.” 2) Yes. As per Section 206, you can state, “{Name of Registered Agent} is Registered Agent for the LLC upon whom process against it may be served. Address: {Address in NY}.” Hope that helps!

      Reply
  9. Thank you Matt for that clarification. As you can well imagine, this process can be somewhat daunting for a novice and I’d rather not spend money on a Registered Agent service if it’s unnecessary. I appreciate your input.

    Reply
    • Hi John, you’re very welcome. I understand 100%. Confusing language used in LLC filings and certain companies make certain details hard to find.

      Reply
  10. I recently set up my NY LLC with Legalzoom and they told me that they (for a fee) would need to be my Registered Agent. 2 questions: Do I list them in my newspaper ad as my designated agent instead of SSNY? Second question you may choose not to address but, do I actually need the online services of a Legalzoom to act as my Registered Agent or is it reasonably simple enough for me to act as my own agent (assuming they will issue a refund)? Thank you so much for your clear and very helpful advice with this entire process.

    Reply
    • Hi John, that is not correct. A Registered Agent is not required in New York (see New York LLC Registered Agent) since the Secretary of State acts as the Agent for Service of Process for all LLCs. Hiring a Commercial Registered Agent is optional. Hope that helps.

      Reply
  11. I bought the NW Registered Agent, filed Article of Organization at NYS, got an EIN, and currently making LLC publication ads @ Albany. Now, I believe I need to get a Business Certificate at the county level… do I need to file @ Albany or @ my actual LLC county?

    Reply
    • Hey MC, apologies for the slower reply. For some reason our comment system filtered your message into the spam folder (I think it was because of the ‘at’ symbols). If you plan on changing your address back after your newspaper publication requirements are met, then I would file in the county where you’ll ultimately be changing your address to. Hope that helps.

      Reply
  12. Hi Matt,
    I am forming an LLC in Monroe county. I hired an online service to be my registered agent before I found your website because I had the understanding that I needed to have one. Their address is in Brooklyn and I have to imagine that the newspaper fees will be higher there than here at home.

    I am now confused as to how I should proceed. Can I list the county as Monroe, the Service of Process address as my home, name a registered agent in Brooklyn, and then publish in newspapers in Monroe county?

    If I can publish in Monroe county would my news paper publication still state that process should be mailed to the address in Brooklyn?

    Thank you,
    James

    Reply
    • Hi James, as long as the SECOND article in the Articles of Organization (“SECOND: The county within this state in which the office of the limited liability company is to be”) states Monroe, you can publish there. Since you don’t need the Registered Agent, why not just not list them in your Articles of Organization? Better yet, why not call/email them and ask for a refund? And yes, your Service of Process address can be your home (which I’m guessing is in Monroe). You can just use your Monroe address in the newspaper ad as well (for the “SSNY shall mail copy of process to the LLC…” part of the ad). Hope that helps. Let me know if you have any followups.

      Reply
  13. Hello great information keep up the wonderful job!
    I want to know when Publishing with the newspaper daily and weekly. Dose the ad have to run once for 6 weeks Consecutively for both the weekly and daily newspapers?

    Reply
    • Thanks Jay! I’m not sure exactly how many days consistently the newspapers run the ads (it varies), but as long as you order with them, they take care of the legal requirement and will issue an Affidavit of Publication at the end of the run. Hope that helps.

      Reply
  14. Great information regarding NY publishing fees. Question about an existing LLC that never published located in NY City which has a high publishing fee. Can the address be changed to Northwest Registered Agent then publish and file with the state? After publishing then change address back.

    Thanks for your help.

    Reply
    • Hi Ed, apologies for the slow reply. Yes, you are correct. You can change the county location of the office and the address to Albany, publish there, then change your address back. Hope that helps!

      Reply
      • Hi Matt,
        On this same answer you provided. If I want to change the addres back to NYC, do I have ro wait for the end of the publication?

        Thank you in advance

        Reply
        • Hey Andres, it’s best practice to wait until the publication requirement has been met. Hope that helps.

          Reply
  15. Hi Matt, I have a question about the address for mailing a service of process. I have a registered agent in Albany, and plan to use their address. The template ad does not reference an agent. Should I include the NAME of the registered agent in the ad? Or is that optional? Thanks in advance!

    Reply
    • Hi Chele, you’re hiring a Registered Agent, but there’s actually not a need to elect them as your Registered Agent in the filing of your Articles of Organization (the NY Secretary of State receives service of process by default, something unique in NY). So you are essentially hiring a Registered Agent in order to use their address for the Forwarding of Service of Process address (sounds like a riddle, doesn’t it lol!) not your actual Registered Agent. Having said that, if you filed your Articles of Organization with the Registered Agent listed in the “Registered Agent” section of the online filing, then you should include them in your ad. If not, then leave them out. You’ll see the ad text we provide mentions ‘NY SOS as Agent for Service of Process’. Hope that helps. Let me know if you need any more clarification.

      Reply
  16. Can we start our business activities before we make the publications? Or we have to wait for the 6 weeks ?

    Reply
    • You can start business activities right after your Articles of Organization is approved. You don’t have to wait for the newspaper ads to finish running.

      Reply
  17. Matt,
    Should I give my actual LLC’s address or my Registered Agent’s address for receiving the Affidavit of Publication?
    Thank you!

    Reply
    • Hi Tuan, just to clarify, if you’re speaking about the address that you’re giving to the newspapers (usually via email) for where the Affidavit of Publication should be returned to when placing your newspaper ad (not the address in the newspaper ad itself), then you can use your actual LLC address.

      Reply
      • Yes Matt,
        So the address I put for the Ad on Newspaper is my Registered Agent which is located in Albany. However, I want the Affidavit of Publication goes to my actual LLC’s address which is located in Bronx, NY so that I can mail it to the State. I just wonder if that is okay to have company’s Ad in Albany, but Affidavit of Publication sent to Bronx.

        Reply
        • Hi Tuan, yes, you are correct. It is okay to have the Albany address in the newspaper, but have the Affidavits of Publication sent to the Bronx. Reason being is the address that you provide to the newspapers is private. You’re essentially telling the newspapers, “Please send the affidavits to this mailing address”. You’re not stating, “This is my LLC’s principal office address”. Having said that, if you feel more comfortable listing the Albany address in both places, that is totally fine. Your Registered Agent will scan and email the mail they receive from the newspapers (the Affidavits of Publication and the newspaper “snippets”) and then you can print them out and file that along with your Certificate of Publication. Meaning, you don’t need to file the original Affidavits of Publication with the state. Copies are fine. Hope that helps further clarify :)

          Reply
          • Thank you so much for your help Matt! Your website is really helpful for young entrepreneur like me. Hope you have great time, and good luck !

            Reply
  18. Hi Matt!

    Your website and info has saved me a new entrepreneur so thank you!

    I have a quick clarifying question specifically with the LLP Request for Formation form. I have filed the LLC online and received an LLC/LLP Request for Information form. I am living in NYC and for publishing purposes, I am using a family member address in Suffolk County. I the form, I entered the Suffolk address in the Business address field (Part 1), my question is in Part 5 it, the form asks for business member information including home address. Since it’s an sole proprietorship, I’m the only member/filer in the LLC. Under home address, is this for publishing purposes? Meaning should I list my NYC address or the Suffolk county address?

    THANK YOU AGAIN for your help & the amazing info that you have available!!!

    Reply
    • Hey Stephanie! So glad to hear. You’re very welcome. The LLC/LLP Request for Information Form goes to the Dept. of Taxation and Finance, which is different than the Division of Corporations. In short, you can use any address you’d like. This Request for Information Form doesn’t have anything to do with the LLC newspaper publication requirement. I recommend using whichever address is best to receive mail.

      p.s. The form says it’s due within 15 days, but this isn’t enforced, and there’s no penalties if it’s submitted late. It’s not a binding form, it’s just informational in nature. The NY Department of Taxation & Finance just wants to know what type of returns they should expect from your LLC. Hope that helps.

      Reply
      • Thank you so much Matt!! Really appreciate the quick response! Mailing the papers today!! So excited!

        Thank you again!

        Reply

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