In Short: New York LLC Biennial Statement
New York does not use an annual report. Every New York LLC and every foreign LLC authorized in New York files a Biennial Statement with the Department of State every two years. The fee is $9.
- Who files: every New York LLC and every foreign LLC authorized in New York.
- Due date: the calendar month in which the LLC was formed or authorized, every two years.
- Fee: $9.
- Late fee: none on the Department of State fee schedule.
- If you skip it: the Department of State records the LLC as past due, and that status appears on every Certificate of Status until the statement is filed.
New York’s filing is light compared with most states: a $9 statement every two years that mainly confirms where the state should send legal papers for the LLC. The hard part is timing. The statement can only be filed in one specific month, and a statement filed early does not count.
This guide covers who files, how to find your filing month, the fee, what the statement asks for, how to file online, and what past-due status means. It also covers the separate beneficial ownership filing for LLCs formed outside the United States.
New York LLC Biennial Statement at a Glance
| Official name | Biennial Statement |
|---|---|
| Filed with | New York Department of State, Division of Corporations |
| Who files | Every New York LLC and every foreign LLC authorized in New York |
| Filing cycle | Every two years |
| Due date | The calendar month the LLC was formed or authorized |
| Fee | $9 |
| Late fee or penalty | None listed. The LLC is recorded as past due |
| Reinstatement | Not required. Filing the past-due statement clears the status |
| Where to file | e-Statement Filing Service or a paper form |
Who Must File a New York LLC Biennial Statement?
Section 301(e) of the New York Limited Liability Company Law requires a Biennial Statement from every domestic LLC and every foreign LLC authorized to do business in New York. The filing is the same for active, dormant and single-member LLCs.
A domestic LLC stays active on the state’s records until it files to dissolve, so the statement stays due every two years until then.
When Is the New York Biennial Statement Due?
The statement is due every two years in the calendar month in which the LLC’s articles of organization, or a foreign LLC’s application for authority, were filed. The Department of State states that the statement should not be filed before that month, and a statement submitted early does not count as the filing.
Example: an LLC formed in May 2026 files its first Biennial Statement in May 2028, then again in May 2030.
If an email address is on file, the Department of State emails a reminder at the start of the due month.
How Much Does the New York Biennial Statement Cost?
The fee is $9 for domestic and foreign LLCs, per the Department of State’s fee schedules. There is no expedited handling for the statement. Online payment accepts MasterCard, Visa and American Express.
The Department of State lists no late fee for a past-due statement.
What Information Does the New York Biennial Statement Ask For?
For an LLC, the statement asks for the post office address where the Secretary of State mails legal process served on the LLC. That address matters: an outdated one means a lawsuit can go unanswered and end in a default judgment.
The statement cannot change the address for service of process through an amendment. That change requires a Certificate of Change or a Certificate of Amendment.
To file online, you need the LLC’s DOS ID number and its exact current name as shown in the Department of State’s business entity database.
How to File the New York Biennial Statement: Step by Step
- Confirm your filing month. Check the month the articles of organization or application for authority were filed.
- Look up the DOS ID. Search the LLC in the Department of State’s corporation and business entity database and copy its DOS ID number and exact name.
- Open the e-Statement Filing Service. Go to the e-Statement Filing Service during your filing month and enter the DOS ID and name.
- Confirm the address for service of process. Review the address the Secretary of State uses to mail legal papers.
- Pay $9. Pay by MasterCard, Visa or American Express and save the confirmation.
Prefer paper? Request a paper form from the Department of State’s Statement Unit by mail or email. The Department no longer accepts faxed filings.
What Happens If a New York LLC Misses Its Biennial Statement?
The Department of State records the LLC as past due in filing its Biennial Statement. That status appears on every Certificate of Status, which can complicate a bank account opening, a loan or a sale that requires proof of status.
The Department of State’s pages describe no administrative dissolution for a missed statement. To clear the status, file the past-due statement online or on paper, then order a new Certificate of Status for $25 if you need one.
Beneficial Ownership Disclosure for LLCs Formed Outside the US
A separate rule took effect on January 1, 2026. LLCs formed under the laws of a foreign country and authorized to do business in New York file a yearly beneficial ownership disclosure, or an attestation, with the Department of State. The fee is $25. LLCs authorized before January 1, 2026 have until December 31, 2026 for the first filing, and newer ones file within 30 days of their application for authority. Late filers become past due after 30 days and face civil penalties of up to $500 per day. Details are on the Department of State’s beneficial ownership disclosure FAQ.
New York LLCs and LLCs formed in other US states are exempt. A New York LLC owned by a non-resident is a domestic LLC, so this rule does not apply to it.
New York Tips for Non-Resident Owners
Register an email address with the Department of State so the reminder reaches you at the start of your filing month. Put the month in your calendar every second year, and do not file early. Keep the service of process address current: it is where New York mails lawsuits against your LLC, and a registered agent address keeps that mail in reliable hands.
Keep Your New York LLC in Good Standing
Filing the New York Biennial Statement in your filing month every two years is what keeps your LLC’s record current with the Department of State. Banks, payment processors and new partners ask for proof of that status, and the document that shows it is a New York certificate of good standing. For the full picture of what the state charges each year, see our breakdown of New York LLC costs, and if you have not formed the company yet, start with our guide on how to start an LLC in New York.
Most missed filings trace back to one problem: the state’s reminder went to an old address. A registered agent service that scans and forwards state mail closes that gap. If a deadline has already passed, our guide on what happens when you miss an annual report deadline walks through the fix, and our LLC annual report guide for every state covers the rules in other states where you are registered.
Form Your New York LLC With BusinessAnywhere
BusinessAnywhere forms your New York LLC for $0 plus the state filing fee, includes a free first year of registered agent service so state notices reach you, and gets the EIN for non-residents without a Social Security number for $97.
Frequently Asked Questions
Does a New York LLC file the Biennial Statement every year?
No. It is filed every two years, in the calendar month in which the LLC was formed or authorized to do business in New York.
How much does the New York Biennial Statement cost?
$9 for domestic and foreign LLCs.
Can I file the New York Biennial Statement early?
No. The Department of State does not accept a statement filed before the calendar month in which it is due.
What happens if I miss the New York Biennial Statement?
The Department of State records the LLC as past due, and that status appears on its Certificate of Status. Filing the past-due statement clears it.
Does New York require an annual report from LLCs?
No. New York LLCs file a Biennial Statement every two years instead of an annual report.
Does the New York beneficial ownership rule apply to my New York LLC?
No. It applies only to LLCs formed under the laws of a foreign country and authorized in New York. New York LLCs and LLCs formed in other US states are exempt.
This guide summarizes rules published by the New York Department of State and New York law as of October 2026. It is general information, not legal or tax advice. Fees and forms change, so confirm the current figures on the official site before you file.
