As a small business owner, you know that forming an LLC for your company gives you personal liability protection from business debts and claims. In turn, the LLC structure can protect your personal assets. And if you elect to file taxes for your LLC as an S Corp, it could potentially save you cash on taxes, too.
What you may not know is that many states still carry an LLC publication requirement as part of the LLC formation process. And while it may seem old-fashioned, we’re not talking about publishing online — this still involves traditional print publication in newspapers.
Without fulfilling the mandatory LLC publication requirement, you can’t complete all the steps necessary to legally form your LLC.
Here, we’ll go over the publication requirements for starting an LLC in the states of New York, Arizona, and Nebraska.
Starting an LLC in NY: LLC Publication Requirement
If you’re forming an LLC in New York, you’ll need a Certification of Publication that indicates you’ve successfully fulfilled the publication requirements. This is the case no matter what kind of LLC you are forming, and includes:
Professional Service LLCs
Foreign Professional Service LLCs
To meet New York's publication requirement, you’ll need to do the following:
1. Publish in two newspapers either a copy of the Articles of Organization, or a notice related to the formation of your LLC. The New York State Limited Liability Company Law requires you to do this within 120 days after the initial Articles of Organization are effective.
5. This publication requirement must be completed within 60 days after you’ve formed your business.
6. Once you complete this requirement, the Arizona Corporation Commission will send you Affidavits of Publication.
Starting an LLC in NE: LLC Publication Requirement
Finally, Nebraska's publication requirement is very similar to Arizona's.
1. To fulfill the LLC publication requirement in Nebraska, you’ll need to publish the Notice of Organization for three weeks in a row in a newspaper of general circulation.
Per the requirements outlined in Chapter 21, Section 193 of the Nebraska Revised Statute, the Notice of Organization must include the following:
The name of the LLC
The mailing address of the designated office
The mailing address of the Registered Agent (if there is one)
The type of professional services rendered (if applicable)
2. The newspaper needs to be near the designated physical office of your LLC.
3. Once you’ve finished your publishing run, you’ll need to provide proof of publication to the Nebraska Secretary of State.
If you’d like help forming your LLC or have more questions about the publication requirements in the state of your company, reach out to a representative at Incfile today or visit the Incfile Learning Center.