How to File an LLC Biennial Statement in New York

In New York, your LLC is legally required to file a biennial statement with the state. Failure to do so can lead to fines and even the closure of your business, so it’s crucial that you stay up-to-date. 

What Is a Biennial Statement?

In New York, active LLCs must file a biennial statement every other year in order to review, update, and maintain their business information. 

In many other states, LLCs must file an annual report, also known as a statement of information, with the state to keep their company in good standing every year. 

Who Needs to File a Biennial Statement?

All corporations and LLCs that are legally registered with the state of New York must file this statement, which includes detailed information about your business.

How to File a New York Biennial Statement

In New York, the biennial statement is filed with the Department of State. You can file your statement online by using the Department of State’s online filing system when the service is available:

Hours: Monday through Friday from 6:00 AM – 7:30 PM 

When you’re ready to file, visit New York’s e-Statement Filing System and take the following steps. 

1. Fill in your LLC’s DOS ID number and precise business name.

• NOTE: If you don’t know your business’s DOS ID number, you can access it by looking up your LLC in New York’s Corporation and Business Entity Database.

2. Click submit to begin filing your biennial statement.

3. You will need to review, update, or provide the following information about your LLC:
   • Your name and address for correspondence concerning your biennial statement.
   • Your name, business title, and email.  
4. To finish and complete your biennial statement, sign the form and pay the $9 filing fee.

New York State does not currently provide online access to biennial statements to print and mail, as you’ll see elaborated below. 

In New York, biennial statements are due every two years and must be filed within the same calendar month that a business originally filed its articles of organization. An LLC that is late to file or fails to file a biennial statement altogether will have a statement status of past due and no longer be in good standing with the state. Additionally, failure to file a biennial statement may interfere with business transactions or even result in a business’s dissolution. 

Late biennial statements can usually be filed online through New York’s Department of State. If you’re extremely late to file your business’s biennial statement, however, online filing might not be available. In this case, you must request a paper biennial statement form from the state. 

All biennial statement requests must be submitted in writing and must explicitly identify your LLC’s name. Either your business’s DOS ID number or the date of its creation must also be included.

Use the contact information below to request a paper biennial statement form by mail, fax, or email. 

New York State Department of State
Division of Corporations, Statement Unit
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231

Phone: 518.473.2492
Fax: 518.486.4680

Email: [email protected] 

Filing Fee

As mentioned above, the fee for filing an LLC biennial statement in New York is $9. 

What Happens After I File my New York Biennial Statement?

After you file your LLC’s biennial statement, you will receive a notification of any errors or omissions, or confirmation that New York’s Department of State has filed and processed your statement. If you receive a notification, it’s crucial that you respond quickly and address any errors in order to avoid penalties. 

Conclusion

Filing a biennial statement is a requirement for LLCs in New York, so it’s critical that you take the time to accurately fill out the form and file with your state in a timely manner. This will ensure your company is allowed to operate uninterrupted and with no legal penalties.