New York LLC biennial statement

Count in two-year steps from the year your Articles of Organization (or foreign Application for Authority) took effect with the New York Department of State. An LLC formed in an odd-numbered year files in odd-numbered years; an LLC formed in an even-numbered year files in even-numbered years.

Inside that due year, your filing period is the entire calendar month of formation—from day 01 through the final day of that month (day 28, 29, 30, or 31). Regardless of whether you formed on the 2nd or the 29th of the month, you have until the last calendar day of that month to complete the $9 e-Statement.

Because New York prohibits early filing prior to day 01 of the due month, our calculator computes the last day of your next two-year due month and pairs seamlessly with 30-day, 7-day, and 1-day reminders: the 30-day alert arrives right as your filing month opens, and the 7-day and 1-day alerts catch you before the month closes.

The New York Department of State charges $9 for an LLC Biennial Statement, payable by Visa, MasterCard, American Express, or debit card inside the e-Statement portal. Unlike Florida or Nevada, the Department of State page does not list a multi-hundred-dollar late surcharge on the $9 Biennial Statement itself.

However, an entity that fails to file during its due month is flagged as Past Due on the public Department of State database, and any official Certificate of Status (good standing certificate) issued while you are delinquent explicitly recites that the LLC is past due on its Biennial Statement. Commercial lenders, government contracting offices, and buyers conducting due diligence routinely reject a Certificate of Status carrying a Past Due notation.

Fortunately, curing a Past Due Biennial Statement online through the e-Statement service typically updates the public record rapidly once the $9 filing processes—provided you have your DOS ID number and current service-of-process address ready.

In New York, the Secretary of State serves by statute as an agent upon whom process against any LLC may be served. Therefore, the crucial field on an LLC Biennial Statement is the street or mailing address to which the New York Secretary of State shall mail a copy of any process accepted on behalf of the LLC.

Keep that service-of-process mailing address accurate. If someone sues the LLC by serving the Secretary of State in Albany and the address on file belongs to an old apartment or closed coworking space, you risk missing legal notice and suffering a default judgment.

Note the difference between an LLC and a business corporation on the same NY DOS page: business corporations also report chief executive officer name and address and principal executive office address, whereas an LLC Biennial Statement focuses on the address for mailing service of process. You cannot change your entity's legal name or dissolve the LLC on a Biennial Statement; those require separate Certificate of Amendment or Articles of Dissolution filings.

First, look up your seven- or eight-digit New York DOS ID number on the public NY Department of State Corporation and Business Entity Database. Enter both the DOS ID and exact entity name carefully when logging into `apps.dos.ny.gov/e-statement/`.

Second, confirm that you are currently inside (or past, if curing a delinquency) your due calendar month, because the portal blocks filings attempted ahead of day 01 of the due month.

Third, verify the exact address where legal process forwarded by the Secretary of State should be mailed, along with the signer's name, capacity (member, manager, or authorized person), and email address for the electronic filing receipt.

Fourth, save the confirmation receipt emailed or displayed by the Department of State. LLC Deadline does not connect to NY DOS servers and never holds a copy of your state receipt.

New York splits LLC obligations across multiple agencies. Most LLCs treated as partnerships or disregarded entities with New York source income must also check Form IT-204-LL (Annual Filing Fee for LLCs) with the New York State Department of Taxation and Finance, which follows tax-year deadlines rather than the Department of State two-year formation month.

Newly formed LLCs also face New York Limited Liability Company Law Section 206 newspaper publication and Certificate of Publication rules within 120 days of formation. Neither Form IT-204-LL nor the Section 206 Certificate of Publication is part of the $9 Biennial Statement.

Following our strict editorial rule, we do not combine Tax Department schedules with Department of State numbers on this checklist. Our New York PDF checklist covers the $9 Department of State Biennial Statement, your DOS ID, your two-year formation-month window, and the direct official e-Statement link.

Mistake one is trying to file two months early, getting rejected by the e-Statement portal, closing the browser tab, and then forgetting to come back when the due month actually opens.

Mistake two is falling for physical mailers from private companies charging $125 to $250 in official-looking envelopes to submit a $9 online form that takes five minutes on `apps.dos.ny.gov/e-statement/`.

Mistake three is assuming that paying your annual tax preparer handles your Department of State Biennial Statement. Tax software files tax returns with the Tax Department; it does not file the $9 Biennial Statement with the Department of State.

An out-of-state LLC that filed an Application for Authority to do business in New York owes the exact same $9 Biennial Statement every two years as a domestic New York LLC. However, the calendar month that controls a foreign LLC in New York is the month New York accepted the Application for Authority, not the month the LLC was originally formed in Delaware, Wyoming, or another home state.

Before your due month arrives, open the free New York Department of State Corporation and Business Entity Database and search by your DOS ID or exact LLC name. Check three lines on the public entity profile: Current Entity Status (Active vs. Past Due), Next Statement Due Date, and the Process Address currently on file for service of process.

If your entity is already Past Due from an earlier two-year cycle, the e-Statement system generally allows you to submit the overdue Biennial Statement online for $9 and clear the Past Due notation without mailing paper forms to Albany. If the online portal reports that your entity record cannot be updated electronically, follow the Department of State instructions to request a paper Biennial Statement form directly from the Division of Corporations.

Keep your boundaries clear when budgeting: the $9 statutory fee is paid directly to the New York Department of State, never to LLC Deadline. Our digital product is a one-page preparation PDF and optional 30/7/1-day email reminders from support@llcdeadline.com. We are not a law firm; a registered agent; a Secretary of State; a tax preparer.

Always verify the current e-Statement instructions directly on dos.ny.gov before submitting your Biennial Statement, as Department of State portal requirements and statutory fees are governed exclusively by New York law and override any summary if rules change after our 2026-11-14 read date.