News Update

General Instructions for Newspapers in Completing Affidavits of Publication
ALBANY, N.Y. (April 2, 2006) -- Effective April 2, 2006 The Limited Liability Company Law and Partnership Law provide the format which must be used by newspapers in preparing Affidavits of Publication associated with the formation or qualification of domestic and foreign limited liability companies, domestic and foreign limited partnerships and domestic and foreign limited liability partnerships. The format for preparing an Affidavit of Publication is provided in Section 102(a)(1) of the Limited Liability Company Law and Sections 121-101(a-1) and 121-1507(b) of the Partnership Law. Please note that the parenthetical instructions provided in the law need not be included in the Affidavit of Publication.

Affidavits of Publication must now state the specific section and law under which publication is made. The specific sections and laws pertaining to domestic and foreign limited liability companies, limited partnerships and limited liability partnership are as follows:

Entity Type Applicable Section of Law
Domestic Limited Liability Company Section 206 of the Limited Liability Company Law
Domestic Professional Service Limited Liability Company Section 1203 of the Limited Liability Company Law
Foreign Limited Liability Company Section 802 of the Limited Liability Company Law
Foreign Professional Service Limited Liability Company Section 1306 of the Limited Liability Company Law
Domestic Limited Partnership Section 121-201 of the Partnership Law
Foreign Limited Partnership Section 121-902 of the Partnership Law
Domestic Limited Liability Partnership Section 121-1500 of the Partnership Law
Foreign Limited Liability Partnership Section 121-1502 of the Partnership Law

The Limited Liability Company Law and Partnership Law require the Affidavit of Publication by the printer or publisher of the newspaper. The Affidavit of Publication must specifically indicate if the Affidavit of Publication is of the printer or publisher of the newspaper.

An Affidavit of Publication by someone employed by the newspaper (such as principal clerk) is not acceptable. Please note, however, that the printer or publisher may designate an agent for the purpose of signing the Affidavit of Publication on their behalf. Such designation would be reflected in the signature block of the Affidavit of Publication.

The Affidavit of Publication must include the name of the limited liability company, limited partnership or limited liability partnership.

The Affidavit of Publication must indicate whether the newspaper is a daily or a weekly newspaper.

The commencing and ending dates of publication must be set forth in terms of a day, month and year.

The following is an example of an acceptable Affidavit of Publication for a domestic limited liability company, published in a daily newspaper, signed by the agent of the publisher of the newspaper:

Affidavit of Publication Under Section 206 of the Limited Liability Company Law

State of New York, County of ________, ss.:

The undersigned is the publisher of Anytime Newspaper, a daily newspaper published in Albany, New York. A notice regarding ABC, LLC was published in said newspaper once in each week for six successive weeks, commencing on July 18, 2006 and ending on August 29, 2006. The text of the notice as published in said newspaper is as set forth in the annexed exhibit. This newspaper has been designated by the Clerk of Albany County for this purpose.

(insert name of Publisher), Publisher

By: ________________________________
John Smith
Authorized Designee of (insert Name of Publisher), Publisher of Anytime Newspaper

Sworn to before me this 30 day of August, 2006.

_________________________________
Notary Public

Please also note the following regarding Affidavits of Publication:

1. An Affidavit of Publication must not include the actual clipping of the newspaper publication. A photocopy of the newspaper clipping may be attached to the Affidavit of Publication if it is of sufficient size and otherwise suitable for microfilming or other imaging technology. Please note that the applicable statutes do not require the actual clipping of the newspaper publication to be attached to the Affidavit of Publication. The statutes only require that the text of the publication be in or annexed to the Affidavit of Publication.
2. The Department recommends that newspapers print the text of the publication on white paper to be attached to the Affidavit of Publication or include the text of the publication in the Affidavit of Publication.
3. Small font size is not permitted in the text of the publication attached to the Affidavit of Publication. The Department recommends that a font size of 10 or larger be used.
4. The Affidavit of Publication and attached copy of the publication, if applicable, must be on 8 ½ x 11 paper.
5. An Affidavit of Publication may include only one copy of the text of the publication. The applicable statutes do not require a copy of each week’s publication.