What 3 States Have LLC Newspaper Publication Requirements?

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Currently, there are only 3 states which requires LLCs to publish notice in the newspaper: Arizona, Nebraska, and New York.

Arizona LLC Newspaper Publication Requirements

As per Section 29-635 of the Arizona Revised Statutes, all Arizona LLCs must publish a notice of their formation in a newspaper for 3 consecutive runs (a run is usually the ad being published 1 day per week for 3 weeks).

After your LLC is formed with the Arizona Corporation Commission (AZCC), they will send you a Notice for Publication. You’ll need to fill out the notice of publication and then send it to a newspaper that is located in the same county as your LLC’s Known Place of Business (business address).

After your newspaper ad has run, the newspaper will mail you back an Affidavit of Publication. It is not a state requirement to submit the Affidavit of Publication to the AZCC, but we strongly recommend it. The Arizona Corporation Commission will file your Affidavit of Publication with your LLC record for free.

LLC’s with a Known Place of Business in Maricopa County or Pima County:
Arizona House Bill 2447 was passed in 2017, which eliminates the newspaper publication requirement for LLC’s with a Known Place of Business in Maricopa or Pima County. Why? Because the AZCC publishes the notice on their website, fulfilling the legal requirement for LLC’s in those counties.

For complete instructions and approved newspapers, please see our full guide here:
https://www.llcuniversity.com/arizona-llc/publication-requirements/

Nebraska LLC Newspaper Publication Requirements

As per Nebraska Revised Statute 21-193, all LLCs formed in Nebraska are required to publish what’s called a “Notice of Organization” in a newspaper with general circulation. The newspaper needs to be near your LLC’s Designated Office address. Since the state statute doesn’t specifically define “near”, we recommend publishing in a newspaper that is located in the same county as your LLC’s Designated Office address.

The newspaper ad must run for 3 weeks. After the ad runs, the newspaper will mail you an Affidavit of Publication. Keep the original with your business records, and then mail a copy to the Nebraska Secretary of State.

For complete instructions and approved newspapers, please see our full guide here:
https://www.llcuniversity.com/nebraska-llc/newspaper-publication-requirements/

New York LLC Newspaper Publication Requirements

New York LLCs have the most notorious publication requirement, primarily because it’s so darn expensive (especially for people in NYC and the 5 boroughs, with fees as high as $1,300!)

The statute governing this requirement is Section 206 of the New York LLC Act.

All LLCs formed in New York must publish notice of their formation in 2 newspapers. Both newspapers must be approved by the County Clerk located in the same county as the LLC’s office. One newspaper must have a daily circulation and one newspaper must have a weekly circulation. The newspaper ads must run for six consecutive weeks.

After the newspaper ads have run for your New York LLC, the newspapers will mail you back Affidavits of Publication. You’ll need to mail both Affidavits of Publication along with a $50 filing fee and a Certificate of Publication. All of this must be done within 120 days of your LLC being formed.

Note: We have a publication strategy where you can publish your newspaper ads in Albany County and save up to $1,000. The details are in our full guide below.

For complete instructions and a list of newspapers, please here a full guide here:
https://www.llcuniversity.com/new-york-llc/publication-requirements-part-1/
https://www.llcuniversity.com/new-york-llc/publication-requirements-part-2/

NY State reference link:
https://www.dos.ny.gov/corps/news06012006b.html

LLC Newspaper Publication Requirements

By publishing an ad in the newspaper, you are “putting the public on notice”, letting them know that “this new LLC now exists”. This requirement is mostly antiquated, unnecessary, and mostly held in place by newspaper lobbyists (especially in New York) as a way to make money.

Nonetheless, these are still legal requirements written into the LLC Statutes of Arizona, Nebraska, and New York.

Additionally, there are penalties and risks if your LLC does not meet the newspaper publication requirements.

Important note: If you’re thinking of forming an LLC in another state to avoid this requirement, think again. Forming an LLC out of state, but doing business in your home state, will require you to register your out-of-state LLC as a Foreign LLC in your home state. This means you now have to pay LLC filing fees in 2 states, hire a registered agent in the foreign state, and possibly pay annual reports in both states. Additional info on Foreign LLCs is here.

The newspaper publication requirements in Arizona, Nebraska, and New York are required for both Domestic LLCs (LLCs formed in those states) and Foreign LLCs (LLCs formed in another state, then registered to do business in those states).

After your ads run in the newspaper (or newspapers), the newspaper(s) will send you back an Affidavit of Publication. An Affidavit of Publication is a legal document making a sworn statement that the LLC’s actually did run. This Affidavit is usually signed by the Editor of the newspaper and the document is notarized.

Publication requirements for DBAs and Corporations?

Disclaimer: We do not cover DBAs and Corporations like we do LLCs (at this time), but according to our resources, the following list includes the states which require newspaper publication for DBAs and Corporations.

States that require newspaper publication for Corporations:
– Arizona
– Nebraska
– Pennsylvania
– Georgia

States that require newspaper publication for DBAs:
– California
– Georgia
– Florida
– Illinois
– Pennsylvania
– Minnesota
– Nebraska

Note: DBAs have multiple names. Depending on the state, they can be called an Assumed Name, Trade Name, or Fictitious Name.

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Matt Horwitz
Founder & Educator at LLC University
Forming an LLC shouldn't be so complicated. Our step-by-step guide will make the process a breeze – and no complex legal jargon! We teach people how to form an LLC for free in all 50 states. We hope you find our free guides and resources helpful in your entrepreneurial journey.
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