New York LLC Biennial Statement Filing Made Simple
New York's filing is the Biennial Statement, due every two years during the calendar month your Articles of Organization were filed. The fee is $9 and there is no dollar late penalty.
New York's filing is the Biennial Statement, due every two years during the calendar month in which your original Articles of Organization were filed with the Department of State. Your first one is due two years after formation, in that same calendar month, and a statement should not be filed before the calendar month in which it is due. Check your Articles of Organization or filing receipt for the exact month.
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Gather Required Information
You need less than most states ask for. Section 301(e) of the Limited Liability Company Law requires the Biennial Statement to set out the address to which the New York Department of State, Division of Corporations shall mail a copy of any process accepted on the LLC's behalf, so decide what that address should be before you start. To open the filing you also need the exact name of the LLC and its DOS ID number, both of which you can look up in the Department of State's Corporation and Business Entity Database. No member or manager list is required.
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Access the Filing System
Visit the New York Department of State at dos.ny.gov and open the e-Statement Filing Service, or request the paper Biennial Statement from the Statement Unit if you would rather file by mail. The online service runs Monday to Friday, 6:00 a.m. to 7:30 p.m. Eastern. Expedited handling is not available for Biennial Statements.
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Complete and Submit the Report
Confirm or update the service of process address, along with anything else that has changed since your last filing. Pay the $9 filing fee online with a credit or debit card, or include a check if mailing. The fee is $9 either way.
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Maintain Your Records
Keep a copy of your filed Biennial Statement and confirmation receipt, and calendar the next filing for two years out in the same calendar month. Separately, most New York LLCs owe the Department of Taxation and Finance an annual filing fee on Form IT-204-LL, which is a different obligation with a different deadline.
Ready to file your annual report?
Go directly to the New York Secretary of State portal.
This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It reports what each state publishes about filing deadlines, fees, and the consequences of missing them, with the sources this page cites. It cannot tell you what your own company owes: the date turns on when and where you formed, states change these rules between our reviews, and in several states an entity-level tax falls due in a year when no report does. Confirm your own dates with the filing office named on this page before you rely on one here, because the penalty for missing a deadline can be administrative dissolution of the company.
Frequently Asked Questions
New York publishes no dollar late penalty for a delinquent Biennial Statement. There is no $50 charge, no per-month accrual, and the fee stays $9. New York also does not administratively dissolve an LLC for failing to file the statement. What happens instead is that the LLC is shown in Department of State records as past due in the filing of its Biennial Statement, and any Certificate of Status you obtain will reflect that past-due status. That is a real problem in practice, because banks, lenders, landlords and counterparties routinely ask for a clean Certificate of Status, and a past-due entity may be unable to complete certain business transactions until it files. The cure is simply to file the outstanding Biennial Statement with the $9 fee. Your statement is due every two years during the calendar month in which your Articles of Organization were originally filed. Set a calendar reminder for that month and file through the Department of State's online filing system at dos.ny.gov.
New York LLCs file a Biennial Statement with the New York Department of State every two years, during the calendar month in which the original Articles of Organization were filed. You can file online through the Department of State's Division of Corporations at dos.ny.gov, which gives immediate confirmation, or mail the completed paper Biennial Statement with a check payable to the Department of State to its Albany office. The fee is $9 either way. The Department of State publishes no standard processing time for these filings, and expedited handling is not offered for Biennial Statements, so file inside your month rather than at the edge of it. Note that a statement should not be filed before the calendar month in which it is due. Missing the deadline does not dissolve your LLC and carries no dollar penalty, but it flags the LLC as past due in Department of State records, which shows on any Certificate of Status and can block certain transactions. File at dos.ny.gov to clear it.
New York LLCs pay a $9 filing fee for each Biennial Statement submitted to the Department of State, which works out to $4.50 a year. There is no late penalty: New York publishes no dollar penalty for a delinquent Biennial Statement, so the cost is $9 whether you file on time or late. The filing is due every two years during the calendar month in which your Articles of Organization were originally filed.
You can pay online by credit card through the Department of State's filing system, which is the fastest method, or mail a check with the paper statement. The practical impact of not filing is not a fee, it is your record: the LLC is marked past due, that status appears on any Certificate of Status, and it can stop you completing transactions that require proof of standing.
The $9 is also not your only recurring New York cost. Most New York LLCs owe the Department of Taxation and Finance an annual filing fee on Form IT-204-LL, graduated from $25 to $4,500 on New York source gross income and due on or before the 15th day of the third month after the tax year closes, with no extension permitted.
To stay clear, submit your Biennial Statement through dos.ny.gov during your filing month.
Your New York Biennial Statement is due every two years during the calendar month in which your Articles of Organization were originally filed with the Department of State. If your LLC was formed in March 2024, the first Biennial Statement is due during March 2026, and then during March every second year after that. A statement should not be filed before the calendar month in which it is due.
The fee is $9. New York publishes no dollar late penalty and does not administratively dissolve an LLC for a missed Biennial Statement. The consequence is that the LLC is recorded as past due, which shows on any Certificate of Status and can prevent you completing certain business transactions.
The statement itself is short. Section 301(e) of the Limited Liability Company Law requires it to set out the address to which the Secretary of State should mail any process accepted for the LLC, and that is the substance of the filing. There is no member or manager list to complete.
Calendar your formation month now and file online through the Department of State's website at dos.ny.gov during that month.
No, all active New York LLCs file a Biennial Statement every two years without exception. The Department of State grants no exemption based on LLC size, activity level, revenue, or dormancy. Every LLC files during the calendar month in which its Articles of Organization were originally filed, and foreign LLCs authorized to do business in New York file on the same cycle from the month their Application for Authority was filed. The fee is $9. Failure to file does not dissolve your LLC and carries no dollar penalty, but the Department of State records the LLC as past due in the filing of its Biennial Statement, and any Certificate of Status will reflect that, which may prevent you from completing certain business transactions such as financing or a sale. Even if your LLC is inactive or generates no revenue, file the statement. Submit it through the New York Department of State's online filing system at dos.ny.gov during your filing month.
Sources
Each entry below is a document recorded in our verified New York sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so.
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Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.
