LLC Publication Requirements
There are a handful of states that still require some LLCs to publish notice of their company’s intent to do business in a newspaper or journal. Every state’s publication requirements are different. Below, we go over state requirements for where your LLC’s notice can be published, how many times it needs to be published, and what information needs to be included.
What is a Publication Requirement?
A publication requirement is a short summary of key company information that some businesses are required to post in local news media in order to begin transacting business in a state. Requiring businesses to publish notice is the state’s way of keeping the public informed about new businesses operating in their area. While the tradition of requiring published notice might seem a little old school, some states still consider this to be one of the best ways to reach the general public.
While this walk-through focuses on requirements for LLC formation and registration, note that some states also require publication for other entities and for major business changes. Nebraska, for example, requires both LLCs and corporations to publish notices for formation, dissolution, conversion, and domestication.
LLC Publication Requirements
Only 3 states have publication requirements for LLCs: Arizona, Nebraska, and New York. Each state has different requirements for what information needs to be included in your notice, where it can be published, how many publications it needs to be published in, and how long it needs to run.
Arizona LLC Publication of Notice
Per AZ Rev Stat § 29-3201(G), Arizona requires both LLCs and corporations (domestic and foreign) to publish notice. Most Arizona LLCs are required to publish in a local newspaper. If you’ve registered your business in Maricopa or Pima County you don’t have to worry about the publication requirement. Both of these counties will automatically publish a notice for you on the Public Notice Database for free.
Live in a county that doesn’t automatically publish notice? The Arizona Corporation Commission (ACC) will send you a letter once your business is approved. After receiving this letter, you will need to:
- Complete the Notice of Publication form included with your approval letter and send it to your chosen newspaper. This form asks for your LLC’s name and address, the name and address of your statutory agent, the file number, and the names and addresses of your managers and members (whoever you’ve chosen to manage your business).
- Publish your notice within 60 days of receiving your approval letter.
- Make sure your notice is published in 3 consecutive issues of one ACC-approved newspaper in the county where your statutory agent is located.
After its run, the newspaper will send you an affidavit proving your notice was published 3 times. You can either file your affidavit right away with the ACC or keep it with your company’s records. If you choose to keep it, make sure you hold on to it—the ACC may ask to see it in the future.
- How much does it cost to publish notice in Arizona? The cost of publishing your notice will depend on what newspaper you decide to publish in. Most likely, you’ll end up paying somewhere between $60-$120. It’s a good idea to call several eligible newspaper and compare rates, just make sure the newspapers you’re considering are approved by the state.
- What if I don’t meet the Arizona publication requirement? After you register your Arizona LLC, you’ll receive a notice from the ACC letting you know you have 60 days to complete your publication requirement. If you fail to publish in time, the state of Arizona will dissolve your LLC.
- How do I know which Arizona newspaper to publish in? The ACC makes it pretty easy to find a newspaper to publish in. Here’s their list of approved publications for each county in Arizona.
Nebraska LLC Publication of Notice
Nebraska also requires both LLCs and corporations (domestic and foreign) to publish notice. Per NE Code §21-193 LLCs are required to publish a notice of organization for 3 consecutive weeks in a local, legal newspaper in the county of designated principal office as soon as possible after registration. Your LLC’s notice will need to include:
- the name of your LLC
- the street address of its designated office
- a statement of the general type of business your LLC is transacting
- disclosure of professional service (if your LLC is a Professional LLC)
The newspaper should send you Proof of Publication after your notice has finished its 3 week run. Once it has, you’ll need to file your Proof of Publication with the Nebraska Secretary of State within 6 weeks of publishing. You can either file online for $25 or through the mail or in person for $30.
It’s important to note that if your business operates from a county with no legal newspaper, you’re allowed to publish notice in the same county as your registered agent.
Want to learn more? Check out our guide for the Nebraska Publication Requirement.
- How much does it cost to publish notice in Nebraska? It all depends on where you decide to publish. Publication fees for legal notices vary from newspaper to newspaper, but you’ll probably end up paying somewhere between $40 to $250. A good tip is to keep your notice as short as possible. Most newspapers charge by the line, so keeping it brief can sometimes save you some extra cash. You’ll also need to pay the filing fee when submitting your Proof of Publication with the Nebraska Secretary of State. It’s $25 to file online. $30 to file by mail or in person.
- What if I don’t meet the Nebraska publication requirement? If you fail to provide proof of publication to the Nebraska Secretary of State, your LLC’s business transactions will be considered invalid until you do publish notice.
New York LLC Publication of Notice
Of the 3 states that require LLCs to publish notice, New York has the strictest requirements, all of which are listed in Section 206 of New York LLC law. Whether your LLC is domestic or foreign, you’ll need to publish notice:
- within 120 days of the New York Secretary of State approving your business
- in two different newspapers—one published daily and one published weekly
- in the county where your LLC is located
- for 6 consecutive weeks
Your notice must follow a specific format. You’ll need to include your company information, as demonstrated by the template below. Try to keep your notice as brief as possible—most newspapers will charge you by the word or, sometimes, by the letter. Your notice could read something like this:
Notice of formation of [NAME OF LLC.] Articles of Organization filed with the Secretary of State of New York (SSNY) on [YOUR FORMATION DATE.] Office in [COUNTY WHERE FORMED.] SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to [YOUR PRINCIPAL ADDRESS or ADDRESS OF REGISTERED AGENT]. Purpose: Any lawful activity.
Once you’ve finished the complicated process of publishing notice in New York, both newspapers will send you an Affidavit of Publication and clips (physical copies of your ads). You’ll need to file these with the New York Department of State, Division of Corporations, as well as pay the $50 filing fee.
Still seem complicated? Check out our guide to the New York LLC Publication Requirement.
- How much does it cost to publish notice in New York? It’s not cheap to publish notice in the state of New York. However, the county where your principal office is located determines how much you pay—and sometimes the difference can be hundreds of dollars. For example, publishing in Albany costs roughly $100. However, publishing in New York City can cost much, much more. Sometimes as much as $1,000.
- What if I don’t meet the New York publication requirement? It’s pretty simple: if you fail to correctly publish notice of your New York LLC, the state will suspend your authority to do business in New York.
What other business entities have publication requirements?
Domestic and foreign corporations in Arizona, Georgia, Nebraska and Nevada are subject to publication requirements. Foreign Pennsylvania corporations must publish as well.
As with LLCs and Corporations, DBAs (also known as a “doing business as” name) are sometimes required to publish notice in certain states. For example, the states of Georgia and Nebraska also require published notice for DBAs just like with LLCs and corporations, even if it’s a DBA being used by a sole proprietor.
The publication requirements for DBAs are even more specific and varied from state to state, but if you are interested in conducting business under a DBA, it’s important to know you’ll need to publish notice if you’re located in one of the following states: