By Jake Lawson, LLC Formation Strategist
Here’s one of the most antiquated requirements in modern business formation: three states still force new LLCs to publish announcements in local newspapers. After helping over 1,200 entrepreneurs form their businesses, I can tell you this requirement is pure regulatory nonsense—but it’s legally required nonetheless.
Let me walk you through which states still cling to this outdated rule, what it costs, and most importantly, how to minimize the financial damage.
The 3 States That Still Require LLC Publication
Only three states haven’t gotten the memo that newspapers aren’t the primary way people get information anymore:
Arizona – 3 consecutive weeks (with some exceptions)
Nebraska – 3 consecutive weeks
New York – 6 consecutive weeks in TWO different newspapers
If you’re forming an LLC in any of these states, you’ll need to budget for publication costs on top of your standard formation fees. And trust me, these costs can be shocking—especially in New York.
Arizona LLC Publication Requirements (With a Major Exception)
Arizona requires most new LLCs to publish a “Notice of Formation” for three consecutive weeks in a newspaper with general circulation in the county where your registered agent is located.
The Arizona Exception That Can Save You Money
Here’s the good news: if your registered agent is located in Maricopa County (Phoenix area) or Pima County (Tucson area), you’re exempt from newspaper publication. The Arizona Corporation Commission publishes your notice on their website instead, which fulfills the legal requirement at no additional cost.
Why this matters: About 80% of Arizona businesses operate in these two counties, so most Arizona LLCs actually avoid publication costs entirely.
Arizona Publication Process (If Required)
- Form your LLC with the Arizona Corporation Commission
- Receive Notice for Publication from the state after approval
- Contact a qualified newspaper in your registered agent’s county
- Publish for 3 consecutive weeks (usually once per week for 3 weeks)
- Receive Affidavit of Publication from the newspaper
- File the affidavit with the state (optional but recommended)
Typical cost: $150-400 depending on the county and newspaper circulation.
Nebraska LLC Publication Requirements
Nebraska requires all new LLCs to publish a “Notice of Organization” for three consecutive weeks in a newspaper with general circulation near your LLC’s designated office address.
Nebraska Publication Process
- Form your LLC with the Nebraska Secretary of State
- Identify a qualifying newspaper in your designated office county
- Publish notice for 3 consecutive weeks
- Receive Affidavit of Publication from the newspaper
- Mail a copy to the Nebraska Secretary of State
- Keep the original with your business records
Typical cost: $100-300 depending on the newspaper and county population.
Pro tip: Nebraska is more flexible about which newspaper you choose, so shop around for the best rates within your county.
New York LLC Publication Requirements (The Expensive One)
New York has the most notorious publication requirement, and for good reason—it can cost over $2,000 in New York City, making it one of the most expensive business formation requirements in the country.
New York’s Complex Requirements
New York LLCs must publish in TWO different newspapers for SIX consecutive weeks:
- One newspaper with daily circulation
- One newspaper with weekly circulation
- Both must be approved by the County Clerk in your LLC’s office county
The New York Publication Process
- Form your LLC with the New York Department of State
- Contact the County Clerk where your LLC office is located
- Get list of approved newspapers for your county
- Publish in both newspapers for 6 consecutive weeks
- Receive Affidavits of Publication from both newspapers
- File Certificate of Publication with the state within 120 days
- Pay $50 filing fee for the Certificate of Publication
New York Publication Costs by County
Manhattan (New York County): $1,500-2,500
Brooklyn (Kings County): $1,200-2,000
Queens County: $1,000-1,800
Bronx County: $800-1,500
Staten Island (Richmond County): $600-1,200
Albany County: $60-150
Other upstate counties: $100-400
The Albany County Loophole (Legal and Smart)
Here’s a strategy that can save you over $1,000: use an Albany County address for your LLC’s office address and publish there instead of NYC. This is completely legal and many attorneys recommend it.
How it works:
- Use a virtual office or attorney’s address in Albany County
- Publish in Albany newspapers ($60-150 total)
- Conduct business from wherever you actually operate
- Save $1,000+ compared to NYC publication costs
Why These Publication Requirements Exist (And Why They’re Ridiculous)
The original purpose was to put the public “on notice” that a new business entity was formed. This made sense in 1875 when newspapers were the primary source of local information.
Today’s reality: These requirements persist mainly due to newspaper industry lobbying, particularly in New York. It’s essentially a tax on business formation disguised as public notice.
The irony: Most people learn about new businesses through websites, social media, and digital marketing—not newspaper legal notices that nobody reads.
Consequences of Not Publishing (Don’t Risk It)
While the requirements are outdated, the penalties for non-compliance are real:
Arizona: LLC may be dissolved by the state
Nebraska: LLC may be dissolved by the state
New York: LLC authority may be suspended, and you cannot maintain lawsuits
Bottom line: Even though it’s expensive and antiquated, you must comply with publication requirements in these states.
Strategies to Minimize Publication Costs
Choose Your Office Address Strategically
Arizona: Use a registered agent in Maricopa or Pima County to avoid publication entirely
New York: Consider using an Albany County office address to dramatically reduce costs
Nebraska: Research newspaper rates in different counties before choosing your office location
Shop Around for Newspaper Rates
Not all newspapers charge the same rates. Call multiple approved newspapers in your area and compare:
- Base publication fees
- Per-word charges
- Setup fees
- Affidavit processing fees
Use Professional Services (Sometimes)
Some attorneys and formation services have relationships with newspapers that can reduce costs. However, be careful—many charge markups that exceed any savings they provide.
Should You Form in a Different State to Avoid Publication?
This is tempting but rarely makes sense. Here’s why:
If you live and operate in Arizona, Nebraska, or New York, forming your LLC elsewhere means you’ll need to register as a “foreign LLC” in your home state anyway. This typically requires:
- Additional filing fees in both states
- Registered agents in both states
- Annual reports in both states
- Compliance with both states’ requirements
The math usually doesn’t work out, especially when you factor in ongoing compliance costs.
Publication Requirements for Other Business Entities
While we’re on the topic, here’s how publication requirements affect other business structures:
Corporations
- Arizona: Required
- Nebraska: Required
- Pennsylvania: Required
- Georgia: Required
DBAs/Fictitious Names
- California: Required
- Florida: Required
- Georgia: Required
- Illinois: Required
- Minnesota: Required
- Pennsylvania: Required (individuals only)
Timeline and Planning Considerations
Arizona and Nebraska (3 weeks)
- Budget 4-6 weeks total from LLC formation to completion
- Start publication process immediately after state approval
- Keep affidavits with your business records
New York (6 weeks + filing)
- Budget 8-10 weeks total from LLC formation to completion
- Must complete within 120 days of LLC formation
- Two affidavits plus state filing required
Working with Newspapers: What to Expect
Information You’ll Need to Provide
- LLC name exactly as filed with the state
- Principal office address
- Registered agent information
- Formation date
- Management structure (member-managed vs. manager-managed)
What the Newspaper Will Handle
- Creating the legal notice text
- Publishing on the required schedule
- Providing affidavit of publication
- Notarizing the affidavit
Red Flags to Avoid
- Newspapers asking for excessive upfront fees
- Unclear pricing or hidden charges
- Newspapers not approved by the county clerk (New York)
- Publications that don’t provide proper affidavits
The Future of Publication Requirements
Several states have eliminated publication requirements over the years as legislators recognize their outdated nature. However, don’t expect quick changes in:
New York: Newspaper lobby is too powerful
Arizona: Already reformed for major counties
Nebraska: Limited reform pressure due to lower costs
My Recommendations for Each State
Arizona
- Use Maricopa or Pima County registered agents to avoid publication entirely
- If publication required, shop around but don’t overthink it—costs are reasonable
Nebraska
- Budget $200-300 for publication costs
- Choose newspapers with reasonable rates in your area
- Comply promptly to avoid complications
New York
- Seriously consider the Albany County strategy if you can use a virtual office
- If publishing in NYC, get quotes from multiple newspapers
- Budget $1,500+ for NYC publication
- Consider whether LLC formation in New York is worth the total costs
The Bottom Line on Publication Requirements
Publication requirements are an outdated relic that adds unnecessary costs to business formation. Unfortunately, they’re still legally required in three states, and non-compliance can jeopardize your LLC’s legal standing.
My advice: Budget for these costs upfront, use strategic office address selection where possible, and comply promptly to avoid complications. Don’t let publication requirements stop you from forming your LLC—just plan for the additional expense.
The good news is that this is a one-time cost, and once you’re compliant, you can focus on building your business instead of dealing with archaic regulatory requirements.
Forming an LLC in Arizona, Nebraska, or New York? Make sure you understand the publication requirements and budget accordingly. While these costs are frustrating, proper planning can minimize the financial impact and ensure full compliance with state requirements.
Questions about publication requirements for your specific situation? I’ve helped hundreds of entrepreneurs navigate these requirements across all three states. The key is understanding your options and planning strategically to minimize costs while ensuring full compliance.