What Is a Certificate of Publication?

A Certificate of Publication is a legal document that proves your business has published its formation notice in approved newspapers for the required time period. This process helps establish transparency and public awareness about new businesses operating in the area. Without this certificate as a new business owner, your business could fall out of good legal standing or face penalties.

With over 16 years of experience, On-Call Legal Process Servers understand all the rules and requirements of filing court documents, including Certificate of Publication. We also offer all-inclusive support services for legal professionals, attorneys, and law firms. Schedule a free consultation with us today to discuss your needs and guide you throughout the process.

In this blog, we’ll walk you through what a Certificate of Publication is, who needs it, why it’s required, how to file it, the costs involved, how to expedite the entire process, and tips for completing it smoothly.

What is a Certificate of Publication?

Starting a business in the United States requires that you fulfill certain state and local requirements that keep your business legally compliant. One such requirement, particularly important in states like New York, is the obligation to publish a public notice of your business’ formation. And to confirm that you’ve fulfilled this obligation, you’ll need to file a Certificate of Publication with the state.

A Certificate of Publication is an official document that confirms that a business entity has met a state’s requirement to publish notice of its formation in designated newspapers. This newspaper publication requirement typically applies to Limited Liability Companies (LLCs), and in some cases, Limited Partnerships (LPs). The purpose is to publicly announce the formation of a business, that is, to let the public know the business exists.

For example, in New York, newly formed domestic LLCs must publish a notice of their formation once a week for six consecutive weeks in two newspapers (one daily and one weekly) assigned by the county clerk of the LLC’s principal office. After fulfilling this requirement, the LLC files a Certificate of Publication, along with affidavits from the newspapers, to the state Department of State.

Why Is The Certificate of Publication Required?

The Certificate of Publication was designed to serve specific purposes that support legal clarity, accountability, and public protection. Below are the key reasons why states like New York require this document.

• Public Notice and Transparency
  Publishing the notice of registration reduces the chance of hidden or fake businesses operating quietly without public awareness. The state wants people to know when a new business is formed. So, requiring the company to publish a notice in local newspapers helps spread the word. Additionally, the publication lets potential customers, suppliers, and creditors know that the business exists and is open for work.
• Legal Record and Compliance
  The publication certificate shows that a business is compliant with the law. If the LLC fails to file the certificate how and when required, the state may suspend the LLC’s authority to conduct business in that state. So this step helps the company stay in good legal standing and avoid potential trouble.
• Protects the Public and the State
  The publication rule helps protect both the public and the state government. When every new business owner creates a public record, it becomes easier to check if a company is real. If someone needs to look up the business later, whether for legal or financial reasons, they can find the published notice. Even though it may seem outdated in the internet age, the rule still adds an extra layer of safety.

Who Needs a Certificate of Publication?

Not all businesses require a Certificate of Publication. What determines whether a business needs this certificate is the legal structure of the business and where it is formed. Now, let’s look at the type of businesses that need it and when.

1. Limited Liability Companies (LLCs) Formed in New York

New York LLCs are the most common businesses that must file a Certificate of Publication. After forming an LLC, the company must publish notices in two newspapers for six consecutive weeks and then submit the certificate to the New York Department of State. This applies to both single-member and multi-member LLCs.

2. Foreign LLCs Registered in New York

According to New York Department of State, LLCs that were formed in another state but register in New York to do business – known as “foreign LLCs” – also need to file a Certificate of Publication. Even though they were not originally formed in New York state, once they register there, they must follow the same publication rules.

3. Limited Limited Partnerships (LLPs) in New York

According to Section 121-1500 of the New York State Partnership Law, LLPs in New York must also file a certificate of publication. They obtain this affidavit from the newspapers they published on. And those newspapers must be designated by the county clerk of their principal business location.

Other States That Require Certificate of Publication

While New York has the most formal Certificate of Publication requirement, a few other states, such as Arizona and Nebraska, also have publication rules.

For example, Arizona requires newly formed LLCs to publish a public notice of their LLC formation on a designated newspaper in their resident county. They must publish the notice every day, for three consecutive weeks. After publishing the notice, the newspaper sends the LLC an Affidavit of Publication, which they’ll file with the Arizona Corporation Commission (AZCC).

In Nebraska, LLCs must publish a “Notice of Organization”, according to Section 21-193 of the Nebraska Revised Statutes. The newspaper must be within the same county where the LLC has its designated office. After publishing the notice for 3 straight weeks, the newspaper sends an Affidavit of Publication to the LLC, which they must file with the Secretary of State.

How to File a Certificate of Publication

The exact requirements and processes for publishing a notice of formation and filing a certificate of publication may vary by state. However, they all follow a similar procedure which we’ve carefully curated below.

1. Form or Register Your Business Entity – First, you must file the LLC’s articles, which may be Articles of Organization, for a domestic LLC, or Application for Authority, for a foreign LLC, with your state’s business filing agency. In New York, that would be the Department of State. Only after this filing is accepted can you begin the publication process.
2. Get Newspaper Assignments from the County Clerk – Next, contact the county clerk in the county where your LLC’s office is located. The clerk will assign you newspapers according to the requirements in your state. Remember, you can’t choose any paper on your own.
3. Publish the Notices – The notice of formation contains basic information about your LLC, such as the LLC name, date of formation, county, and the LLC’s registered agent. The number of times you publish on the newspapers may vary according to your state’s requirement. For New York LLCs, the publication requirements include publishing once a week for six (6) consecutive weeks. Make sure you double-check your notice for accuracy to avoid any notice-related delays during publication or filing
4. Obtain Affidavits of Publication – After the publication period, you’ll receive an affidavit of publication from each newspaper. These are signed documents confirming that your LLC’s notice was properly published in accordance with the law.
5. File the Certificate of Publication with the State – To complete the process, you must file a Certificate of Publication form with the appropriate Department of State. The filing may cost a fee as stipulated by your state. In New York, once your filing is received, the New York Secretary of State will process the certificate and update your LLC’s status.
6. Keep Copies of Your Records – Keep a copy of your filing receipt, the filed Certificate of Publication, and any confirmation you receive from the Department of State. These documents may be needed for future business activities, such as opening a bank account or applying for licenses.

How Much Does Filing a Certificate of Publication Cost?

In states that require a Certificate of Publication, such as New York, the total cost usually includes two parts: state filing fees and newspaper publication fees. New York, for instance, charges $50 for filing the certificate once the notices have been published.

The larger portion of the expense usually comes from the cost of newspaper publication. The amount depends on the county and the newspapers assigned. For example, publishing notices in newspapers in New York City, especially Manhattan or Brooklyn, can cost $1,200 to $1,500 or more. Meanwhile, doing the same in less populated counties may cost as little as $200 to $500.

Another factor that may affect the cost of publication is the length of the actual ad. Some newspapers may charge by word count or number of lines, so longer notices result in higher publication costs. If your legal notice includes detailed business information, you can expect to pay more.

Moreover, using a court filing service can add convenience but can also be more costly. These services typically can handle the entire publication process, from placing the notice in newspapers to submitting the Certificate of Publication, for an added fee, often between $50 and $150.

How to Expedite Your Certificate of Publication Filing

Some steps in the process can be time-consuming, especially the newspaper publication period. Thankfully, expedited services are available, but mostly for the filing step, not the publication period itself.

For example, in New York, the law requires that notices run in newspapers for six consecutive weeks. You cannot shorten this timeline, but you can expedite the submission of the Certificate of Publication to the Department of State for an additional fee.

The main benefit of expedited filing is faster processing once your publication period is over. The standard processing of a New York Certificate of Publication can take several business days. On the contrary, expedited options offer:

• 24-hour processing for an extra $25
• Same-day processing if submitted before noon, for $75
• 2-hour processing for $150.

By speeding up the filing step, you can make sure your LLC remains in good standing without delay, especially if you’re close to the deadline. This can be critical if you need to open a business bank account, sign contracts, or apply for licenses right away.

Steps to Expedite Filing of Certificate of Publication

To request expedited filing of the affidavit in New York, you can follow these steps:

1. Complete the Certificate of Publication form and attach the affidavits.
2. Include a cover letter requesting expedited service. Make sure you state the type of service: 24-hour, same-day, or 2-hour.
3. Prepare payment for the expedited service fee using a separate check or money order.
4. Submit the entire package in person or by mail to the appropriate office (e.g., New York’s Division of Corporations).
5. Alternatively, you can contact business filing services to handle expedited filings on your behalf, though they may charge additional service fees.

Tips for a Smooth and Fast Process

To make your filing process hitch-free, start by choosing your registered office location carefully. In New York, businesses based in lower-cost counties, like Albany or Ulster, may save time and money due to faster turnaround and cheaper publication rates.

Additionally, start the publication process early, ideally right after your Articles of Organization are approved. Waiting too long can push you toward the 120-day deadline and create stress.

It’s best to work with an experienced filing or legal professional service if you’re unfamiliar with the process. Many of these services already have working relationships with approved newspapers and the Secretary of State’s office, which can streamline the process.

Moreover, double-check the affidavits you receive from the newspapers. Make sure they are correctly signed and dated before submitting them. Use priority shipping or deliver in person if you’re close to the deadline and not using a digital service. Filing delays due to mail timing can cause missed deadlines and penalties.

Need Help Filing Your Certificate of Publication?

Filing a Certificate of Publication is a key legal step for certain businesses, particularly LLCs and LLPs in New York. From publishing notices in the correct newspapers to obtaining affidavits and submitting the final form to the state, each step is important to keep your business in good legal standing.

If you need help navigating this process, On-Call Legal Process Servers is here to make it seamless. Our court filing services can handle everything from working with county clerks and newspapers to filing your Certificate of Publication quickly and correctly. Contact us today to get started.

FAQs

With over 16 years of experience in the legal services industry, we’ve curated practical answers to some of the most common questions about the Certificate of Publication.

What Is the Purpose of a Certificate of Publication?

The Certificate of Publication proves that a business has legally published its formation notice in approved newspapers. It serves to keep business activity transparent and helps the state confirm the business has followed public notice laws.

Which States Require a Certificate of Publication?

New York is the most notable. However, other states like Arizona and Nebraska may require similar publications, but they do not require a formal certificate in the same way.

How Long Does It Take to Get a Certificate of Publication?

In New York, the process takes at least six weeks, since the notice must run for that long in the newspapers. After that, filing and processing by the state usually takes a few business days, or faster if expedited service is used.

Which Newspapers Can I Use to Publish the Notice for a Certificate of Publication?

In states like New York, the county clerk chooses two approved newspapers, one daily and one weekly newspaper, based on the location of your business. You cannot choose the newspapers yourself unless the clerk has given you specific options.

Are There Any Specific Content Requirements for the Notice in a Certificate of Publication?

Yes, the publication notice must include certain details such as the LLC’s name, formation date, business address, and registered agent. The exact wording may vary slightly by state or publication. If you’re unsure how to write one, you can ask your filing service for a certificate of publication sample notice or use a standard state-approved template.

What Are the Typical Fees Associated With Obtaining a Certificate of Publication?

You’ll usually pay a state filing fee (e.g., $50 in New York) and newspaper publication fees, which can range from $200 to $1,500 or more depending on the location. Using legal or filing services may add another $50 to $150 in handling fees. To reduce costs under publication NY rules, consider basing your registered office in a more affordable county.