How to Fulfill a “Publishing Requirement”

Many states require newly formed LLC’s to complete a “publication requirement,” to make legal formation official. What’s required varies from state to state, but generally, the LLC has a short period of time to publish a publicity statement disclosing the newly formed company. It typically must run for at least 1-3 cycles, and published in a newspaper approved by the State.

For example, Arizona’s publication requirement requires a publication within 60 days of approval of a corporation’s articles of incorporation, and provides a list of acceptable publications. It must be published in the county where the company conducts business, and run for three cycles. No affidavit is necessary after the publication is completed, and if the company fails to meet this requirement, it may be subject to dissolution.

New York requires all limited liability entities, foreign and domestic, must publish for six consecutive weeks in two newspapers in the county in which the company’s office is located. One newspaper must be printed daily, and the other must be printed weekly, and are designated by the county clerk. Upon completion, the newspaper will provide the entity with an Affidavit of Publication, which must be filed with the Department of State, Division of Corporations office. The Certificate costs an additional $50. Failure to comply will result in the entity’s authority to conduct or carry on business being suspended.

The costs of the publication requirement will vary from county to county, and state to state, and can reach around $1000 or more. It’s best to do some local research if your state imposes such a publication requirement, to avoid paying unnecessary publicity costs.