Section 802 of the New York State Limited Liability Company Law requires that within 120 days after the filing of the application for authority, a foreign limited liability company (LLC) must publish in two newspapers a copy of the application for authority or a notice related to the qualification of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the application for authority. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.
How to File
Complete and file the Certificate of Publication with the Department of State.
The Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
The fee for filing the Certificate of Publication is $50.
The fee for filing the Certificate of Publication is $50. All fees must be paid by cash, check, money order, MasterCard, Visa or American Express. Checks and money orders should be made payable to the “Department of State.” Please do not send cash through the mail. All checks over $500 must be certified.
Expedited Handling Services: (optional) The NYS Department of State's Division of Corporations offers expedited processing of time-sensitive documents. For an additional fee, the Department of State will process a document within the following time frames for the additional fee indicated; $25.00 per document for processing within 24 hours, $75.00 per document for processing within the same day, or $150.00 per document for processing within 2 hours.
The additional, non-refundable fee for expedited processing service must be paid by a separate check or money order or indicated in the appropriate space on the Credit Card/Debit Card Authorization Form. The Division of Corporations accepts MasterCard, Visa and American Express for the payment of fees. To pay for a fee using your credit card or debit card, simply complete and sign the Credit Card/Debit Card Authorization Form and submit it to the Division of Corporations with your request for service. The Credit Card/Debit Card Authorization Form submitted with any request for services must specifically indicate the level of expedited service requested.
The envelope bearing documents for filing and other requests for expedited processing services must be marked with the notation "Expedited Processing" on the envelope.
The name of the limited liability company and the date of filing of its application for authority must exactly match the records of the Department of State. This information should be verified on the Department of State’s website at www.dos.ny.gov.
A limited liability company that is a theatrical production company is exempt from the requirement for publishing its articles of organization, application for authority or notice containing the substance thereof under sections two hundred six and eight hundred two of the limited liability company law so long as the words "limited liability company" appear in its name. (See Section 23.03 of the Arts and Cultural Affairs Law).
Limited liability companies that fail to comply with the publication requirements within 120 days after their formation or qualification will have their authority to carry on, conduct or transact any business suspended.
Any time following the suspension of a limited liability company's authority to carry on, conduct or transact business, the limited liability company may file the certificate of publication with the affidavits of publication of the newspapers annexed thereto, at which time the suspension of such limited partnership 's authority to carry on, conduct or transact business shall be annulled.