How to File a New York Biennial Statement

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Quick Reference

New York LLC & Corporation Biennial Statement

One of the requirements of maintaining an LLC or corporation in New York is filing a Biennial Statement (sometimes known as a Biennial or Annual Report).  The Biennial Statement is used to confirm and update the company’s information every other year with the Department of State.

What is Needed to File a New York Biennial Statement

The Biennial Statement can only be filed online by going to the New York Department of State’s website, otherwise you can download and fill out the Biennial Statement

The report asks for information such as:

  • Legal name of the entity
  • Contact information for the Registered Agent
  • Name and address of the officers, directors, members and/or managers

Biennial Statement Cost

The cost to file a Biennial Statement for either the Corporation or LLC is $9.

Due Date

The Biennial Statement is due by the end of the entity’s anniversary month. 

For example, if your LLC or Corporation was formed January 1, 2020, the first Biennial Statement will be due January 31st 2022. 

The Department of State’s office emails a reminder in advance of the Biennial Statement due date. Even though a reminder is sent, it’s important to make an additional reminder for yourself should you not receive it. 

My business made little or no money.  Do I still have to file the Biennial Statement?

Even if your Corporation or LLC received no income or had no business activity, the Biennial Statement is still required to be filed.

What happens if you don’t file the Biennial Statement on time?

If the Biennial Statement isn’t filed on time, a $50 penalty is assessed.  Eventually, without filing the Biennial Report, the entity will be administratively dissolved by the Department of State.

How do you change the Registered Agent?

While the New York Biennial Statement form asks for the name and address of the Registered Agent, the Registered Agent can’t be updated on this form. 

To update the Registered Agent’s information, fill out a Certificate of Change Form DOS-1556-r.  There is a $30 filing fee to make the change.

New York Department of State Contact Information

New York Department of State
Division of Corporations, State Records & UCC
99 Washington Avenue 6th floor
Albany, NY 12231

If you have questions, they can be contacted at (518)-474-1418.