If you form an LLC in New York, Limited Liability Company Law section 206 requires you to publish a notice within 120 days. The notice runs once a week for six weeks in two newspapers. The clerk of the county where your LLC's office is located designates both newspapers.
Your articles of organization name that county. The articles ask for a county, and they don't ask for a street address for the office. Your mailing address is a separate entry and doesn't set the county. This post reads the statute on each point.
We read New York's LLC Law sections 102, 203, 206 and 802, the Department of State's Certificate of Publication form, and the bill pages for the repeal proposal. Statute text below is quoted as written.
What does New York's publication requirement ask an LLC to do?
Section 206(a) sets out the whole process for an LLC formed in New York. The first sentence reads:
"Within one hundred twenty days after the effectiveness of the initial articles of organization as determined pursuant to subdivision (d) of section two hundred three of this article, a copy of the same or a notice containing the substance thereof shall be published once in each week for six successive weeks, in two newspapers of the county in which the office of the limited liability company is located, one newspaper to be printed weekly and one newspaper to be printed daily, to be designated by the county clerk."
The table splits that sentence and the rest of the subdivision into steps.
| Step | What the statute or the state form says |
|---|---|
| Deadline | Within 120 days after the initial articles of organization take effect |
| How often | "once in each week for six successive weeks" |
| Which newspapers | Two newspapers of the county where the LLC's office is located, one printed weekly and one printed daily |
| Who chooses the newspapers | The county clerk ("to be designated by the county clerk") |
| Proof | A certificate of publication with each newspaper's affidavit of publication attached, filed with the Department of State |
| State fee for the certificate | $50, payable to the Department of State (form DOS-1708-f) |
| If proof is not filed in time | Authority to do business in New York is suspended when the 120 days end |
An affidavit of publication is the newspaper's sworn statement that the notice ran. The Department of State form, DOS-1708-f, is signed by a member, a manager or an authorized person. The signer certifies that "The published notices described in the annexed affidavits of publication contain all of the information required by Section 206 of the Limited Liability Company Law."
The form's notes add two practical points. The LLC name and the filing date of the articles "must exactly match the records of the Department of State." The notes also say "You are not required to use this form."
The notice repeats details from your filing, including some address lines. We cover those lines in which filing lines a virtual address can fill.
If your LLC was formed in another state
A foreign LLC is a company formed in another state that registers to do business in New York. Section 802(b)(i) gives it the same duty. The clock starts on a different date:
"Within one hundred twenty days after the filing of the application for authority with the department of state, a copy of the same or a notice containing the substance thereof shall be published once in each week for six successive weeks, in two newspapers of the county within this state in which the office of the foreign limited liability company is located..."
Section 802(b) follows the same pattern for suspension after 120 days and for the late fix. Both are described below.
Which county decides where your notice runs?
Section 206(a) points to "the county in which the office of the limited liability company is located." The office is the one named in your articles of organization. Section 203(e)(2) lists what the articles must state about it:
"the county within this state in which the office of the limited liability company is to be located or if the limited liability company shall maintain more than one office in this state, the county in which the principal office of the limited liability company is to be located;"
The item names a county. A street address for the office is not part of that item.
Section 102(s) defines the office and adds one more sentence:
""Office of the limited liability company" means the office of the limited liability company, the location of which is stated in the articles of organization of a domestic limited liability company, or in the application for authority of a foreign limited liability company. Such office need not be a place where business activities are conducted by such limited liability company."
In plain words, the office is the location written in the articles. The law doesn't require the company to do its work there.
The articles also carry a separate address item. Section 203(e)(4) asks for a post office address where the Secretary of State mails legal papers served on the company. The articles must name the Secretary of State as the LLC's agent for these papers, and section 301(a) makes the Secretary of State that agent. The table shows the two entries side by side.
| Entry on the articles | Section | What the entry decides |
|---|---|---|
| County of the LLC's office | 203(e)(2) | The county whose clerk designates the two newspapers, under section 206(a) |
| Post office address for mail from the Secretary of State | 203(e)(4) | Where the Secretary of State mails a copy of legal papers served on the LLC, under section 301 |
The post office address can be "within or without this state," in the words of section 203(e)(4). A mailing address in Manhattan therefore doesn't place the LLC's office in Manhattan's county. The county is its own entry, and you choose it on the articles.
Section 102(s) doesn't explain how to choose a county when the company has no office space at all. If that's your situation, ask a New York attorney before you pick a county.
What if your LLC's office is in New York City?
New York City is made up of five counties. They are New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County and Richmond County (Staten Island). Section 206(a) works by county, so "New York City" alone doesn't tell you which newspapers to use.
Section 206(a) also has a special rule for large cities:
"When such county is located within a city with a population of one million or more, such designation shall be as though the copy or notice were a notice or advertisement of judicial proceedings."
In plain words, for a county inside New York City, the newspapers are designated the same way as for notices of court proceedings. The rule is about how the newspapers are chosen. The rule doesn't set a price.
Who sets the cost of publishing?
The county clerk designates the newspapers, and the newspapers charge for the notices. The Department of State's page on forming an LLC says: "The newspapers charge a fee for the publication of the notice."
The only fixed state amount in what we read is the $50 fee for filing the certificate. Newspaper rates are not in the statute, so we don't list them here. Ask the county clerk's office which newspapers it designates, then ask those newspapers for a quote.
Publishing somewhere else doesn't count. Section 206(a) says:
"A copy or notice published in a newspaper other than the newspaper or newspapers designated by the county clerk shall not be deemed to be one of the publications required by this subdivision."
Section 206(a) also covers a county with no designated newspaper. In that case, the notice runs in a weekly or daily newspaper of a county that is "contiguous to" the office county, meaning a county that shares a border with it.
What happens if you miss the 120 days?
Section 206(a) suspends the LLC's authority to do business in New York:
"If within one hundred twenty days after its formation, proof of such publication, consisting of the certificate of publication of the limited liability company with the affidavits of publication of the newspapers annexed thereto has not been filed with the department of state, the authority of such limited liability company to carry on, conduct or transact any business in this state shall be suspended, effective as of the expiration of such one hundred twenty day period."
The suspension starts when the 120-day period ends. The same subdivision limits what a suspension does. A suspension "shall not limit or impair the validity of any contract or act of such limited liability company." The suspension also doesn't make any member, manager or agent personally liable for the LLC's obligations.
A late filing fixes the suspension. Section 206(a) covers an LLC that later files proof of publication "in substantial compliance with the provisions (other than the one hundred twenty day period) of this subdivision." For that LLC, the suspension "shall be annulled," meaning cancelled. The late notice must still meet every other requirement of the subdivision.
Changes after publication don't restart the process. Section 206(a) says that after the six weekly publications, if any information in the notice changes, "no further or amended publication or republication shall be required to be made." A later change to your mailing address therefore doesn't call for a new notice under section 206. Changing the address on file with the state is a separate filing. Keeping records current is covered in LLC annual compliance requirements.
Is New York repealing the publication requirement?
New York had not repealed the requirement as of October 17, 2026. Assembly Bill A3546 states: "Section 206 of the limited liability company law is REPEALED." Senate Bill S6483 is listed as the same bill in the Senate. Both bills were referred to the committee on corporations, authorities and commissions in 2025. Both were referred to that committee again on January 7, 2026.
As of October 17, 2026, both bills are still in committee. Neither bill has changed section 206. Most new LLCs formed today still have to publish.
This post explains the text of New York statutes and a state form. It isn't legal advice. Confirm your own filing with the New York Department of State or a New York attorney.
How an Auteur address fits a New York LLC
We sell virtual mailboxes, so this is the seller's view. Auteur is in pre-launch, and your exact street address is assigned the day your city opens.
Our address is a mailing address. Our address can't serve as a registered agent or a registered office. We don't choose newspapers, place the notice or file the certificate of publication for you. Under sections 203(e)(2) and 206(a), your county comes from the articles, and the county clerk designates the newspapers. A mailing address from us doesn't change either one.
The Virtual Business Address receives mail in a business or trade name, for an LLC that needs a mailing address. Every piece is photographed as it arrives. We open and scan a piece when you ask. Henry, our AI assistant, explains each letter you ask us to open. USPS Form 1583 is required before any provider can receive mail for you. Pricing comes by email with the next steps, and our fees and limits are in our fair use policy.
If you run an LLC and want a New York City mailing address, get your address in New York City. Ordering is free, there's no card, and nothing is charged today.
For the agent role itself, our registered agent guide explains what the agent does. Whether you can act as your own agent is covered in can I be my own registered agent. What each state's search shows is in our guide to which business addresses become public record.
FAQ
How long does a New York LLC have to complete the publication requirement?
Section 206(a) gives 120 days after the initial articles of organization take effect. Within that time, the notice runs once a week for six weeks. The certificate of publication, with the newspapers' affidavits attached, is filed with the Department of State.
Does my mailing address decide which county I publish in?
No. Section 206(a) uses the county where the LLC's office is located. Section 203(e)(2) has the articles state that county, and section 203(e)(4) asks for the post office address as a separate entry.
What happens if my New York LLC published late?
If proof is not filed within 120 days, the LLC's authority to do business in New York is suspended when the period ends. Under section 206(a), filing proof later annuls the suspension if the filing meets every requirement other than the 120 days.
Does an LLC from another state that is authorized to do business in New York have to publish?
Yes. Section 802(b)(i) requires the same six weeks of notices in two newspapers. The 120 days start when the application for authority is filed with the Department of State.
Bottom line
New York's publication requirement follows the county on your articles of organization. The clerk of that county designates the two newspapers, and those newspapers charge for the notices. The state fee is $50 for filing the certificate of publication. Your mailing address is a separate entry and doesn't move the county. If you miss the 120 days, authority to do business is suspended. Filing proof later annuls the suspension, as long as the notice meets every requirement other than the 120 days. As of October 17, 2026, the repeal bills are still in committee.
