Certain business filings require legal notice publication in one or more newspapers or legal publications. Publication requirements vary by state, entity type, and filing type, and may apply to formations, registrations, fictitious name filings, amendments, or other business filings.
Publication requirements are most commonly associated with states such as New York, Arizona, Nebraska, and Pennsylvania, although the exact requirements differ by jurisdiction. In some states, publication is required after the filing is completed. In others, publication may be required before or as part of a registration or name filing process.
When publication is required, Accumera can assist with coordinating the publication process. Our services may include:
- Reviewing the state, entity type, and filing involved;
- Identifying the applicable publication requirements;
- Coordinating with the appropriate county clerk, newspaper, legal journal, or other publication source;
- Preparing the text of the legal notice;
- Submitting the notice for publication;
- Advancing or disbursing publication costs, when applicable;
- Obtaining affidavits or proofs of publication; and
- Filing the required certificate, affidavit, or proof of publication with the appropriate state or local filing office, when required.
New York LLC Publication
New York limited liability companies are subject to a publication requirement after formation. A newly formed New York LLC must publish notice in two newspapers designated by the county clerk of the county where the LLC’s office is located for six consecutive weeks. After publication is completed, the LLC must file a Certificate of Publication with the New York Department of State, together with the affidavits of publication from the newspapers.
New York LLC publication costs can vary significantly by county. Because of this, some clients choose to use an Albany County office address during the initial formation and publication process. Under this option, Accumera’s Albany, New York address may be listed as the LLC’s office address for publication purposes, allowing publication to be completed in Albany County. After the publication process is completed and the Certificate of Publication is filed with the New York Department of State, an address change filing may be submitted to update the company’s office address.
This option may help reduce publication costs in certain situations, but the appropriateness of using a particular office address should be reviewed based on the company’s facts and applicable legal requirements.
Other States
Other states may also have publication requirements depending on the entity type and filing involved. For example, Arizona maintains a newspaper list for publication purposes through the Arizona Corporation Commission, and Nebraska requires certain LLC notices, including notices of organization, to be published for three successive weeks in a legal newspaper of general circulation near the LLC’s designated office. Pennsylvania also has publication requirements for certain filings, including fictitious name registrations.
Because publication rules vary and can change, each filing should be reviewed individually to determine whether publication is required, where publication must occur, what information must be included in the notice, and whether proof of publication must be filed.
Contact Accumera for assistance with publication requirements related to business formations, registrations, assumed names, fictitious names, amendments, and other state filing matters.
