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Incorporation 101: Publication of Legal Notice

Publication of a legal announcement (or legal advertising) is a form of classified advertising usually mandated by a state or local law. Legal announcements are published in approved newspapers or journals that serve to inform the public in a specified area.

The approved newspapers or journals are selected based on the location of the business that is required to place such announcement. After the legal announcement is published, the newspaper or journal would then create an Affidavit of Publication.

What is an Affidavit of Publication?

An Affidavit of Publication is a sworn, written statement made in the presence of a notary public or a person who is authorized to administer an oath, attesting that the publication took place on specified days. Affidavits of Publication are used submitted to the state or local authorities as proof that the entity has met the publication requirements.

When is Publication Required?

Certain states require a new entity (e.g. corporation, LLC, or sole proprietorship) to publish anywhere from one to three announcements in an approved newspaper or journal in order to inform the interested public of the formation of the entity.

In addition to brand new companies, some states require companies from other states that wish to get authorization to do business in that state (i.e. form a foreign entity) to also publish an announcement. Finally, some states and counties require publication of a company’s assumed name (also known as d.b.a.).

States That Require Publication

If you form your corporation, LLC, foreign entity, or assumed name (d.b.a.) with the help of MyUSAcorporation.com, we will automatically inform you if a publication is required, and our representatives will ensure that your announcement is published in accordance with all legal requirements. If you are forming your entity on your own, carefully review all the forms and instructions provided by the state or county to learn of the publication requirements. For reference, below are lists of some states that require publication:

Corporations:

Arizona
Nebraska
Pennsylvania
Georgia

LLCs:

Arizona
Nebraska
New York

Assumed Names (d.b.a.) and Sole Proprietorships/General Partnerships:

Illinois
California
Georgia
Florida
Pennsylvania
Minnesota
Nebraska

Failing to Make Publication

If you fail to make a timely publication, your business will be suspended. Beware, even if a state or county does not require you to file an Affidavit of Publication, you should still obtain one and keep it for your records. Failure to offer proof of publication may result in retroactive suspension of your business entity and may have severe liability consequences for you personally.