Westchester County LLC Compliance Under Section 206
Every LLC formed or authorized to do business in New York must comply with NY LLC Law Section 206. This page is a complete reference for Westchester County LLC owners — statute requirements, plain-English interpretation, and county-specific details, informed by our experience completing 28+ Westchester County LLC publications.
View official statute on NY Senate websiteWhat Is Section 206?
Section 206 of the New York Limited Liability Company Law requires every LLC formed or authorized to do business in New York to publicly announce its formation by publishing a notice in newspapers. This publication requirement has been in effect since the LLC law was enacted in 1994.
The stated purpose is public notice — informing anyone who might do business with the LLC that it exists and providing key information about how to contact or serve legal process on the entity. New York is one of only three states that requires this of LLCs (along with Arizona and Nebraska).
From our experience: Most LLC owners first learn about Section 206 after they've already formed their LLC — often when their attorney, accountant, or registered agent mentions it weeks later. By then, the 120-day clock is already running. The sooner you start, the more margin you have.
At a Glance
- Statute
- NY LLC Law § 206
- Newspapers
- 2 (one daily, one weekly)
- Duration
- 6 consecutive weeks
- Deadline
- 120 days from formation
- Penalty
- Suspension (not dissolution)
- Curable
- Yes, at any time
The Core Requirement — Subdivision (a)
The core provision establishing the publication requirement for all New York LLCs.
Statute Text (Paraphrased)
Within 120 days after the filing of its articles of organization, a limited liability company shall publish in two newspapers designated by the county clerk of the county in which the office of the limited liability company is located, a copy of its articles of organization or a notice containing the substance thereof, once each week for six successive weeks.
What This Means in Practice
Who: Every LLC formed in New York or authorized (foreign LLC) to do business in New York — no exceptions.
What: Publish a notice of formation containing 7 specific items about the LLC (detailed below).
Where: In two newspapers (one daily, one weekly) designated by the county clerk where the LLC's office is located.
When: Within 120 days of the articles of organization being filed with the NY Department of State.
How long: Once each week for 6 successive weeks in each newspaper.
After: File affidavits of publication and a Certificate of Publication with the NY Department of State.
The 7 Required Notice Items
Section 206 specifies that the publication notice must contain these seven items. Missing any item can invalidate the publication.
Name of the LLC
The exact name as filed with the NY Department of State in the Articles of Organization.
Date of Filing
The date the Articles of Organization were filed with the Department of State — not the date you submitted them, but the actual filing date.
County of Office
The county within New York where the LLC's office is located. For Westchester County LLCs, this is "Westchester."
Secretary of State as Agent
A statement that the Secretary of State is designated as the agent of the LLC upon whom process (lawsuits) may be served.
Process Mailing Address
The post office address (within or outside New York) where the Secretary of State shall mail copies of any legal process served against the LLC.
Specific Business Purpose (if stated)
If the Articles of Organization specify a particular business purpose (rather than "any lawful purpose"), that purpose must be included in the notice.
Future Effective Date (if applicable)
If the Articles of Organization specify a future effective date (rather than the filing date), that date must be stated in the notice.
Common Mistakes We See With Notice Items
- •Wrong filing date: LLC owners often use the date they submitted their filing online or the date they received their stamped copy back. The correct date is the date DOS actually filed it, which appears on the stamped Articles of Organization.
- •Mismatched LLC name: The name in the notice must exactly match the name on file with the Department of State — including punctuation and spacing. We've seen publications rejected because of a missing comma or "LLC" vs "L.L.C."
- •Wrong county: If your LLC's registered address changed after formation, the county in the notice must match the county in your current Articles of Organization, not your mailing address. We verify this against the DOS database for every order.
The 120-Day Deadline
The 120-day clock starts on the filing date — the date the NY Department of State files your Articles of Organization, not the date you submitted them or received confirmation. This distinction matters because DOS processing can take days or weeks, and that time counts toward your 120 days.
Typical Timeline
With 6 weeks of mandatory publication alone taking 42 days, there is a built-in buffer — but delays in starting can consume that buffer quickly. Starting publication promptly after formation is the safest approach.
From Our Experience
The biggest timeline risk we see is not the publication itself — it's the delay between LLC formation and starting the process. Many LLC owners don't learn about Section 206 until 30–60 days after formation. With standard DOS processing times, that can leave as few as 20–30 days of buffer after the 6 weeks of publication. We recommend starting publication within the first 2 weeks after formation. If you're past the 120-day mark, don't panic — complete the publication anyway. The suspension is lifted as soon as you file the Certificate of Publication.
Publication Requirements
6
Consecutive Weeks
Once per week in each newspaper
2
Newspapers Required
One daily, one weekly
1
County Clerk Designation
Papers must be clerk-designated
The newspapers are designated by the county clerk of the county where the LLC's office is located. After publication is complete, both newspapers provide notarized affidavits confirming the notice ran for the required 6 weeks. These affidavits are filed with the Certificate of Publication at the NY Department of State.
Westchester County Specifics
For Westchester County LLCs, the following newspapers and county clerk information apply to Section 206 compliance.
Why we verify every order: The County Clerk can redesignate newspapers at any time. We've seen instances where an LLC owner started publication in a newspaper that was designated when they checked but was no longer on the approved list by the time publication completed. We verify designations at the start of every order to prevent this.
Designated Newspapers
County Clerk
Timothy C. Idoni
County Clerk
110 Dr. Martin Luther King Jr. Boulevard, White Plains
What "Suspension" Means Under Section 206
What suspension DOES:
- ✗Prevents the LLC from bringing lawsuits in New York courts
- ✗Prevents the LLC from defending lawsuits in New York courts
- ✗Suspends the LLC's authority to carry on, conduct, or transact business
What suspension does NOT do:
- ✓Does not dissolve the LLC — it continues to exist
- ✓Does not impose monetary penalties or fines
- ✓Does not affect the LLC's liability protection
- ✓Can be cured at any time by completing publication
The practical effect is that a suspended LLC is in a legal gray area — it exists but cannot use the courts. Most banks, landlords, and business partners will still work with the LLC, but if a dispute arises, the LLC cannot take legal action until publication is completed. This makes curing the suspension a priority if one occurs.
What We See in Practice
Many of our clients come to us after discovering their LLC has been suspended — sometimes years after formation. The good news is that every one of these cases has been straightforward to resolve. The process is exactly the same as a timely publication: we place the notice in the designated newspapers for 6 weeks, collect the affidavits, and file the Certificate of Publication. Once filed, the DOS treats the LLC as compliant. There are no back penalties, no additional fees, and no mark on the LLC's record. The most important thing is to complete the process — not to worry about how late it is.
The 2006 Amendment and Compliance Presumption
Subdivision (b) — Grandfathering Rules
In 2006, the Legislature added subdivision (b), which addressed LLCs formed before January 1, 2006 that had not completed publication. Those LLCs were given until January 1, 2007 to comply without risk of suspension. LLCs formed on or after January 1, 2006 must comply within 120 days — no grace period. Today, this provision is historical context only.
Subdivision (c) — Compliance Presumption
Once the Certificate of Publication and affidavits have been filed with the Department of State, the LLC is presumed to have satisfied the publication requirement. This is the finish line — filing the Certificate of Publication creates a legal presumption of compliance with Section 206. This is why the Certificate of Publication is the critical document: it is your proof of compliance.
Related Articles
Section 206 Publication Requirement Guide
A practical guide to understanding and completing the Section 206 publication requirement for your LLC.
What Happens If You Don't Publish
Consequences of missing the publication requirement — suspension, court access, and how to fix it.
Westchester County LLC Publication Requirements
Complete breakdown of Westchester-specific publication requirements, newspapers, and county clerk details.
Filing the Certificate of Publication
Step-by-step guide to filing your Certificate of Publication with the NY Department of State.
Compliance Questions
What are the LLC compliance requirements in Westchester County?▾
Westchester County LLCs must comply with NY LLC Law Section 206, which requires publication of a notice of formation in two newspapers designated by the Westchester County Clerk — one daily and one weekly — for 6 consecutive weeks within 120 days of formation. After publication, affidavits must be filed with the NY Department of State along with the Certificate of Publication. In our experience, the most common source of confusion is the difference between the filing date and the date you receive your Articles of Organization — the 120-day clock starts on the filing date, which may be days or weeks before you even know it was filed.
What happens if I miss the 120-day publication deadline?▾
Your LLC's authority to conduct business in New York is suspended — not dissolved. The LLC still legally exists, but it cannot bring or defend lawsuits in NY courts until publication is completed. There is no monetary penalty, and you can cure the suspension by completing publication at any time. We regularly help LLC owners who are past the 120-day window. The process is exactly the same — the only difference is that the LLC was technically in suspension until publication is completed. Once the Certificate of Publication is filed, the suspension is lifted retroactively.
How do I know which newspapers are designated for Westchester County?▾
The Westchester County Clerk designates which newspapers are approved for LLC publication. These designations can change — we've seen newspapers added and removed from the approved list. We verify the current designations before starting every order because publishing in a newspaper that was previously designated but has since been removed would not satisfy the requirement. This is one of the most common mistakes we see with DIY filers.
Does Section 206 apply to foreign LLCs authorized in New York?▾
Yes. Section 206 applies to both domestic LLCs formed in New York and foreign LLCs that have filed an application for authority to do business in New York. The publication requirements are identical — two newspapers, 6 weeks, 120-day deadline. We handle both regularly; the only difference in the notice text is that foreign LLCs reference their application for authority rather than articles of organization.
Can my LLC be dissolved for not publishing?▾
No. This is the single most common misconception we encounter. Failure to publish does not dissolve your LLC — it only suspends its authority to do business. Your LLC continues to exist as a legal entity, your liability protection remains intact, and you can cure the suspension at any time by completing publication. We've helped LLC owners complete publication years after their formation date with no issues.
Legal Disclaimer
This page provides a summary and plain-English interpretation of NY LLC Law Section 206 for informational purposes only. It is not legal advice. The statute text presented here is paraphrased — for the official text, visit the NY Senate website. Consult a licensed attorney for legal advice specific to your situation.
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