New York LLC Biennial Statement 2026 – (NY Biennial Report)

Maintaining your LLC in New York is relatively straightforward and inexpensive compared to other US states. Under Section 301(e) of the New York Limited Liability Company Law, domestic and foreign LLCs need to complete a Biennial Report every two years.

Filing your New York Biennial Statement costs just $9 every two years. Other states, such as Wyoming and Washington, cost $60 and $70 per year, respectively.

I found that the filing process was really easy to use and navigate, especially if you have most of the required information in front of you. I’ve detailed the process I used, including the potential penalties if you don’t file your report on time.

Note: In New York, LLCs are not automatically subject to the corporate franchise tax. By default, they only pay an annual filing fee, but if an LLC elects to be taxed as a corporation, it becomes liable for the state’s franchise tax under Article 9-A of the Tax Law.

New York Biennial Statement Overview

The New York State Biennial Statement acts as your “Annual Report,” comparing your LLC business to other states.

It’s submitted to the state every two years, requiring you to fill out your relevant business information and pay a small fee.

Here’s the information you need to know to file your Biennial Statement in New York without any struggles.

1. New York Biennial Report Due Dates & Fees

Your Biennial Statement in New York is due at the end of your anniversary month every two years, which is the date that you originally formed your LLC. You can file your report at any time during this month, but not any earlier (Before the calendar month that your report is due).

If you’re unsure of your anniversary month, you can find it by searching the New York Business Database. It will be listed under the “Initial DOS Filing Date.”

The filing fee for filing your Biennial Statement in New York (LLCs and corporations) is just $9, significantly less than in other states.

Note: While New York has no late fees for Biennial Reporting, you risk losing good standing with the state if you don’t file on time. This could mean administrative dissolution and losing your right to conduct business within the state. Take note of your reporting month, and set enough reminders.

2. Penalties For Not Filing Biennial Statement On Time

Filing your Biennial Statement on time ensures that your business continues to run smoothly. Failure to do so may block certain business transactions.

The state of New York will:

• Record your business as past due.
• Show your Biennial Statement as “Past Due” on your Certificates of Status and Status Letters.
• Stop forwarding legal documents if your Service of Process address has changed and hasn’t been updated.
• Potentially apply legal consequences, including default judgments.

3. Where To File The Report?

This can be done on the New York Department of State website. Their online filing system is available Monday – Friday, 6:00 A.M. – 7:30 P.M. EST.

How To File Your New York Biennial Report Online

Filing your New York Biennial Report is fairly straightforward if you have access to a computer and an online connection. All New York businesses must file their statements online, making it an easy process for normal users but harder for those who are less familiar with technology.

Ensure that your request includes your exact business name and its date of formation; otherwise, your form may be sent to the wrong business.

1. Access The Online Portal

Your first step should be accessing the New York Department of State filing page. Here’s how I did it:

1. Navigate to the e-Statement Filing System page on the state website.
2. Enter your business name and DOS ID number. Double-check your information and click “Submit.” You can find your DOS ID number in the New York business database.
3. The filing process begins immediately.

Then, you will need to fill out the following required information step by step.

2. Filling Required Information In A New York Biennial Statement

All domestic and foreign New York LLCs have to file a biennial statement following the rules set in Section 408 of the Business Corporation Law. Your LLC Biennial Statement must contain:

• The name and business address of your Chief Executive Officer (CEO).
• The number of directors on your board.
• The number of directors on your board who are women.
• A street address where you can receive copies of Service of Process from the New York Secretary of State.
• The street address of your principal executive office.

Your biennial statement must contain the address where the New York Secretary of State can send copies of Service of Process. This is required of all New York domestic and foreign LLCs under Section 301(e) of the Limited Liability Company Law

a. CEO Name & Address

Once you’ve begun the filing process, you’ll need to submit your Chief Executive Officer’s name and address in the relevant field.

b. Number Of Members On Your Board Of Directors

Alongside your CEO, you must count the number of qualified directors in your company while following the points below. This can be done by someone in your business who knows everyone and has access to the relevant information.

c. Principal Address

Your Principal Office Address is the main office or business location where your New York LLC is located. This may be an office, your home, a friend’s or family member’s address, or any other address that you deem suitable. Add this information once you’ve entered the name and address of your Chief Executive Officer.

Tip: You don’t have to use a New York address if you don’t want to. It can be any state within America if this is more convenient. It can also match your mailing address, but it doesn’t need to.

d. Information For Receipt Of Service Of Process

Your next step should be to add the information for Receipt of Service of Process. These are the official contact details of the person receiving legal documents, including lawsuits, court notices, and subpoenas. Your Registered Agent is usually responsible for this.

We’ve explained this in more detail here: New York Registered Agents.

e. Name, Title, & Email of Person Filing the Report

This is the last step before filing your Biennial Statement. You need the contact details of the person authorized to submit your Annual Report. This needs to include:

• Their title.
• Their name.
• Their email.

This contact is used for administrative purposes only, not legal notices. You can add your manager, officer, owner, or another authorized individual.

Frequently Asked Questions