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:
- Domestic LLCs
- Professional Service LLCs
- Foreign 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.
Your New York Articles of Organization should include:
- The name of the LLC
- The county within the State of New York that the LLC is located in
- The address of the physical location
2. The two newspapers must be designated by the county clerk of the county where the office of your LLC is located.
3. After you’ve published either a copy of the Articles of Organization or the notice, the publisher of each of the two papers will provide you with an affidavit of publication.
4. A Certificate of Publication, along with the affidavits of publication from each of the two newspapers, must be submitted to the New York Department of State.
5. The fee for filing the Certificate of Publication is $50. (Note: This is separate from the $200 filing fee you pay when you initially file your Articles of Organization.)
Starting an LLC in AZ: LLC Publication Requirement
While similar to the New York publication requirements, Arizona’s rules work somewhat differently.
1. Once you’ve filed the Articles of Organization for your Arizona LLC, you’ll receive an approval letter from the Arizona Corporation Commission. This letter is also called a Notice of LLC Formation.
2. After you receive this letter, you’ll be able to publish a notice of the filing of your Arizona Articles of Organization, which includes:
- The name of your LLC
- Mailing address of the Registered Agent
- Mailing address of the physical location of your company (if different from that of the Registered Agent)
3. The notice must run in three consecutive editions of the newspaper you choose. While it depends on the paper, three print runs could take anywhere from one to three weeks.
4. Your notice must be published in a newspaper of general circulation in the county of your known place of business.
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.
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