What is a New York 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 New York Department of State.

Related: How to form an LLC in New York

Who Needs to File a Biennial Report?

Domestic and foreign corporations and LLCs are required to file a biennial report every other year after the year the company was formed.

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

New York Biennial Statement Cost

The Biennial Statement filing fee for either the Corporation or LLC is $9.

Biennial Statement Due Date

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

For example, if your New York Corporation or LLC was formed on January 1, 2020, the first Biennial Statement will be due January 31^st 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 business entity 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 late fee penalty is assessed, in addition to losing the good standing status with the state.  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.