Section 206: NY LLC Publication Requirement Explained
Section 206 of the New York Limited Liability Company Law requires every LLC formed in New York to publish a notice of formation in two newspapers — one daily, one weekly — designated by the county clerk where the LLC's office is located. This notice must run once per week for six consecutive weeks, and the entire process must be completed within 120 days of the LLC's formation date. After publication, the LLC files a Certificate of Publication with the New York Department of State along with a $50 filing fee.
This requirement applies to every LLC formed in New York regardless of county, size, or industry.
What Is Section 206 of the New York LLC Law?
Section 206 is the specific statute within the New York Limited Liability Company Law that governs the publication requirement. Its official title is "Affidavits of Publication," and it sits within Article 2 (Formation) of the LLC Law.
In plain English, Section 206 says: after you form your LLC in New York, you must publicly announce its existence through legal notices in designated newspapers. You then prove you did this by filing paperwork with the state.
This is not optional. It is a mandatory step in forming a New York LLC, separate from filing your Articles of Organization. Filing your articles creates the LLC. Publishing under Section 206 satisfies an additional transparency requirement that New York imposes on LLCs.
Section 206 at a Glance
- What: Publish notice of LLC formation in two designated newspapers
- Where: In the county where the LLC's office is located
- Duration: Once per week for six consecutive weeks
- Deadline: 120 days from the effective date of the Articles of Organization
- Final step: File a Certificate of Publication with the NY Department of State
- Filing fee: $50
Why Does Section 206 Exist?
The publication requirement dates back to the original New York LLC Law. The stated purpose is consumer protection — putting the public on notice that a new business entity has been formed that shields its owners from personal liability.
The New York County Lawyers Association, in a 2006 letter to Governor George Pataki, described the requirement as "antiquated" but acknowledged its original intent: "publication of the notice of formation ostensibly serves to put the public on notice that an entity has been formed to do business... within a corporate structure that shields its owners from personal liability."
The rationale is straightforward. When someone forms an LLC, the people they do business with should have a way to know that they are dealing with a limited liability entity — not an individual who is personally responsible for debts and obligations.
Whether newspaper publication still accomplishes this goal in the internet age is widely debated. Critics — including the New York Attorney General, who called the requirement "costly and unnecessary" — point out that LLC formation information is already publicly available through the Department of State's online database. Despite this criticism, the legislature has kept the requirement in place.
A Requirement That Only Applies to LLCs
Notably, New York corporations do not have a publication requirement. Only LLCs (and certain partnerships) must publish. Legislators have pointed out this inconsistency, noting that "there are no similar requirements in the Business Corporation Law." This is one of the main arguments critics use when calling for repeal.
Who Must Comply with Section 206?
Every domestic LLC formed in New York must comply. There are no exceptions based on:
- Business size (single-member or multi-member)
- Revenue or number of employees
- Industry or business type
- Whether the LLC is actively conducting business
Professional LLCs (PLLCs) must also comply. So must foreign LLCs — those formed in other states that register to do business in New York — under a parallel requirement in Section 802 of the LLC Law.
The one narrow exemption: Theatrical production companies that include the words "limited liability company" in their name are exempt from the publication requirement under Section 23.03 of the Arts and Cultural Affairs Law.
What Must Be Included in the Publication Notice?
Section 206 specifies exactly what information the published notice must contain:
- The name of the LLC — exactly as filed with the Department of State
- The date of filing of the Articles of Organization (and the date of formation, if different)
- The county where the LLC's office is located
- The street address of the principal business location, if any
- A statement that the Secretary of State has been designated as the LLC's agent for service of process, along with the mailing address for forwarding process
- Registered agent information — the agent's name and address, if the LLC has designated one
Getting this information right matters. If the notice contains errors — especially in the LLC name or filing date — it can create problems when you file your Certificate of Publication with the Department of State. For a full list of pitfalls to watch for, see common LLC publication mistakes.
The 120-Day Deadline
The 120-day clock starts on the effective date of your Articles of Organization. This is typically the date the Department of State processes your filing, which appears on your filing receipt.
Within that 120-day window, you must:
- Obtain your newspaper designation from the county clerk
- Place and run the notice in both newspapers for six consecutive weeks
- Collect affidavits of publication from both newspapers
- File the Certificate of Publication with the Department of State
Since the publication alone takes six weeks (42 days), and newspaper coordination, affidavit collection, and state processing add several more weeks, the practical timeline is 8-10 weeks. That means you have roughly 7 weeks of buffer if you start promptly — but delays can eat into that cushion fast.
Start Early
Starting the publication process within two weeks of forming an LLC is advisable. Waiting until month three of the 120-day window leaves almost no room for delays in newspaper designation, publication scheduling, or affidavit collection.
What Happens After Publication Is Complete?
Once both newspapers have run your notice for six consecutive weeks, each one provides an affidavit of publication — a sworn statement confirming the notice ran as required.
You then file a Certificate of Publication with the New York Department of State. The filing package includes:
- The completed Certificate of Publication form
- Both affidavits of publication (attached)
- A $50 filing fee
The Department of State reviews the filing, confirms the LLC name and dates match their records, and processes it. Once approved, your LLC has fully satisfied the Section 206 requirement.
What Happens If You Miss the 120-Day Deadline?
Missing the deadline does not dissolve your LLC. Under Section 206, your LLC's authority to carry on, conduct, or transact business in New York is suspended.
However, the statute is clear about what suspension does not do:
- Contracts remain valid — Any agreements your LLC has entered into are still enforceable
- Liability protection stays intact — Members, managers, and agents do not become personally liable for the LLC's obligations
- Your LLC can still defend lawsuits — The right to defend actions and proceedings in New York courts is preserved
What suspension does affect:
- Your LLC cannot initiate lawsuits in New York state courts until publication is completed — see what happens if you don't publish your LLC for more detail
- You may not be able to obtain a Certificate of Good Standing — which banks, partners, and vendors sometimes require
New York courts have confirmed this interpretation repeatedly. In Barklee Realty Co. LLC v. Pataki (1st Dep't, 2003), the court upheld the statute while acknowledging the limited practical impact of suspension. In Acquisition America VI, LLC v. Lamadore (Civ. Ct. 2004), the court held that failure to publish is not a jurisdictional defect — the LLC is "entitled to cure the publication defect."
Late Filing Is Always Possible
The suspension can be cured at any time. Complete the publication process, file your Certificate of Publication, and the suspension is annulled — as if it never happened. There is no penalty fee for late compliance. The process and cost are the same whether you are on time or years late.
Has Anyone Tried to Repeal Section 206?
Yes — repeatedly. Bills to eliminate the publication requirement have been introduced in multiple legislative sessions:
- 2019-2020: Senate Bill S3361 and Assembly Bill A7642
- 2021-2022: Senate Bill S1481 and Assembly Bill A2551
- 2025-2026: Senate Bill S6483 and Assembly Bill A3546
The 2025-2026 bill (A3546) would eliminate the publication requirement entirely and establish a "Department of State modernization fund" to develop digital alternatives to physical newspaper publication.
Sponsors of these bills have argued that the requirement is "both unnecessary and very expensive — sometimes prohibitively so" and that designated newspapers hold "an effective monopoly in setting the charges for notices." They note that the Department of State already maintains a publicly accessible online database containing all LLC formation information.
Despite broad support for repeal from attorneys, business groups, and even the Attorney General's office, these bills have not passed. As of February 2026, Section 206 remains fully in effect, and every New York LLC must comply.
How Section 206 Applies in Westchester County
If your LLC lists Westchester County as its county of office on the Articles of Organization, Section 206 requires you to publish in two newspapers designated by the Westchester County Clerk.
Here is what that looks like in practice:
- Newspaper designation: The Westchester County Clerk's office at 110 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601 designates one daily and one weekly newspaper for your LLC. You can reach the office at (914) 995-3070.
- Publication: Your notice runs once per week for six consecutive weeks in both designated newspapers.
- Cost: Westchester County newspaper publication costs are moderate compared to New York City, where publication can exceed $1,000. Westchester County publication typically costs $250–$450 total (DIY) or $375–$500 through a full-service provider. See the full cost breakdown for Westchester LLC publication.
- Timeline: The typical process in Westchester takes 8-10 weeks from start to finish, well within the 120-day deadline if you start promptly.
Westchester County's moderate costs, flexible newspaper selection process, and accessible county clerk office make it one of the more straightforward counties for completing the Section 206 requirement. For the full list of designated newspapers in Westchester County, see our dedicated guide.
Changes During or After Publication
Section 206 addresses a practical concern: what happens if your LLC's information changes while the notice is running?
If a change occurs after the first weekly publication but before the sixth, the statute says you may complete the remaining publications of the original notice. You do not need to start over or publish an amended notice.
If a change occurs after all six publications are complete, no further publication or republication is required.
This is important because LLC details can change — for example, a change of registered agent address or principal business location. Section 206 was designed so that these mid-process changes do not force you to restart the clock.
If you do need to make changes to your LLC's information filed with the Department of State, that is handled through a separate Certificate of Change — a different process from publication.
Frequently Asked Questions
What is Section 206 of the New York LLC Law?
Section 206 is the statute in the New York Limited Liability Company Law that requires every LLC formed in New York to publish a notice of formation in two newspapers — one daily, one weekly — designated by the county clerk. The notice runs once per week for six consecutive weeks, and a Certificate of Publication must then be filed with the Department of State within 120 days of the LLC's formation.
Does Section 206 apply to single-member LLCs?
Yes. Section 206 applies to every LLC formed in New York regardless of the number of members. Single-member LLCs, multi-member LLCs, and professional LLCs (PLLCs) must all comply with the publication requirement.
What is the penalty for not complying with Section 206?
There is no fine or monetary penalty. Instead, your LLC's authority to conduct business in New York is suspended. This primarily means your LLC cannot initiate lawsuits in New York state courts. Contracts remain valid, liability protection remains intact, and you can cure the suspension at any time by completing publication. For specific questions about how suspension may affect your situation, consult with a qualified attorney.
Can I complete Section 206 publication after the 120-day deadline?
Yes. You can complete the publication requirement at any time after the deadline has passed. Once you file the Certificate of Publication with the Department of State, the suspension of your LLC's authority is annulled retroactively. There is no additional fee or penalty for late compliance.
Why doesn't New York require corporations to publish?
This is one of the most common criticisms of Section 206. New York's Business Corporation Law does not contain a similar publication requirement for corporations. The LLC publication requirement has been called an inconsistency by legislators and legal commentators. Multiple repeal bills have cited this disparity as a reason to eliminate the requirement, but as of 2026, it remains in place.
Do I need a lawyer to comply with Section 206?
No. Publication is an administrative process — not a legal proceeding. You can handle it yourself, hire a publication service like ours, or have an attorney manage it. Most LLC owners do not need a lawyer for this step — see DIY LLC publication versus using a service for a comparison. If your LLC has unusual circumstances, consulting an attorney is a reasonable precaution. For common questions, check the FAQ page.
How much does Section 206 publication cost in Westchester County?
DIY publication in Westchester County typically costs $250–$450 total (newspaper advertising fees plus the $50 Department of State filing fee). Full-service publication providers for Westchester County typically charge $375–$500, which includes newspaper coordination, affidavit collection, Certificate of Publication preparation, and the DOS filing fee. See the full cost breakdown and our pricing page for details.
Is there any way to avoid the Section 206 publication requirement?
For practical purposes, no. The only exemption is for theatrical production companies that include "limited liability company" in their name. Every other LLC formed in New York must comply. Some services suggest forming your LLC in a different county with lower publication costs and then changing counties afterward — but that adds complexity and additional filing fees. Publishing in the county where the LLC is actually located avoids these complications. Review the full Westchester County publication requirements checklist to see what is involved.
Westchester County LLC Publication Service
I am Jasmine Kohli, and we specialize in Westchester County LLC publication. Our $385 flat fee covers every step that Section 206 requires — newspaper designation, six weeks of publication, affidavit collection, Certificate of Publication filing, and the $50 DOS fee. No county changes, no registered agent subscription, no recurring fees. Compare our service against other options in the best LLC publication services guide, or browse all articles for more information.
Learn how the process works | Start your publication | Contact us with questions
Disclaimer
The information in this article is for general informational purposes only and does not constitute legal advice. While we strive for accuracy, laws and procedures may change. For specific legal questions about your LLC, consult with a qualified attorney. Westchester County LLC Publication provides publication services and administrative filing assistance — I am not a law firm and cannot provide legal advice.