Publication Requirements for LLCs
Only three states require LLCs to publish a notice in their local newspaper(s) announcing the formation of that LLC: Arizona, Nebraska, and New York. Historically, publication was required in many states (before the digital age) for the purpose of notifying the public that a new business entity has been formed. Over the years, states have eliminated this requirement - all but Arizona, Nebraska, and New York. Antiquated as this requirement may be, if your LLC was formed in one of these three states, you have no choice but to comply.
Arizona law requires all newly-formed LLCs to publish an announcement of their formation within 60 days of the date the LLC was formed. Once the LLC is approved, the Arizona Corporations Commission will issue a Notice of Publication, publication instructions, and your Articles of Organization. The Notice of Publication must be filled out, and published in a newspaper of general circulation located in the same county as the LLC, for three consecutive publications. Some newspapers will then issue an Affidavit of Publication, and if this is received, it just needs to be kept on file with the LLCs records, it does not need to be filed with the Arizona Corporations Commission. A list of acceptable newspapers can be found at: www.azcc.gov
Please note the publication requirement does NOT apply to LLCs formed in Maricopa or Pima county, as the Corporations Commission publishes LLCs formed in these counties on their website, which automatically satisfies the publication requirement.
All LLCs in Nebraska must publish a Notice of Organization in a newspaper of general circulation in the same location as the LLC, for three consecutive weeks. If there is no newspaper located in the same town/city, then a newspaper in the same county can be used. After the three consecutive notices have been published, the newspaper will issue a Notice or Affidavit/Proof of Publication. This Notice/Affidavit/Proof of Publication must be filed with the Nebraska Secretary of State's office within forty-five (45) days, or the Secretary of State's office will cancel your LLC.
Please note newspapers may differ in the information contained in their legal Notice of Organizations: some may only require the LLC name, Registered Agent name and address, and business office address; some may also require the business purpose and if the business has members (owners) or managers.
New York requires all LLCs to publish their Articles of Organization in two newspapers (one daily, and one weekly newspaper) for six consecutive weeks. Publication must be done within 120 days of the day the LLC was approved. The newspapers are designated by the County Clerk in the county the LLC was formed. Once the six consecutive publications are complete, the newspaper will issue an Affidavit of Publication. The Affidavits, along with a completed Certificate of Publication and a $50 filing fee are submitted to the New York Corporations Division. The Certificate of Publication form can be downloaded at: www.dos.ny.gov