What is true about the LLC publication requirement and its consequence?

• A. Publication is optional.
• B. Publication must be in one newspaper for six weeks; no affidavit required.
• C. The LLC must publish a copy of its registration in two newspapers weekly for six weeks and file an affidavit within 120 days; if not, name actions are restricted until cured.
• D. Failure to publish cancels all contracts.

Answer: (C)

New York requires LLCs to publicize their formation and file a certificate of publication within a set period, with a concrete consequence if you don’t. Specifically, an LLC must publish notice of its formation in two newspapers in the county of its principal office for six consecutive weeks, and file affidavits of publication along with a certificate of publication with the Department of State within 120 days. If this isn’t done, the LLC is not authorized to do business in New York and cannot commence or maintain any action in New York courts until the publication and filing are completed. This captures both the publication requirement and the legal consequence of noncompliance.

The other statements are off the mark because publication isn’t optional, isn’t limited to just one newspaper, and the typical consequence is about being unable to sue or maintain actions (not automatic cancellation of contracts) until the deficiency is cured.