This guide is general compliance education. It is not legal, tax, or accounting advice. Confirm deadlines and filing status with the New York Department of State before you file. Startup To Corporate does not file Biennial Statements and does not act as your registered agent.
Steps at a glance
- Find your original filing month on your Articles of Organization, Application for Authority, or DOS entity record.
- Confirm this is a biennial year for your LLC (every two years, not every year).
- Get the exact entity name and DOS ID from the Corporation & Business Entity Database.
- File during your due month on the e-Statement Filing Service and pay $9.
- Save the confirmation and calendar the same month two years out.
Who must file
The New York Department of State requires Biennial Statements from:
- Domestic LLCs formed with Articles of Organization in New York
- Foreign LLCs (formed elsewhere) that filed an Application for Authority to do business in New York
- Domestic and foreign business corporations, on the same every-two-years schedule and the same $9 fee
For LLCs, the statement sets forth "the address to which the New York Secretary of State shall mail a copy of any process accepted on its behalf." Corporations file additional items under Business Corporation Law § 408. This guide focuses on LLCs; corporation filers use the same portal and fee.
If you formed in another state and later registered in New York, your due month follows the Application for Authority, not your home-state formation month. For whether you need that New York registration, see Foreign qualification.
When it's due
New York uses your original filing month, not a statewide January–May window:
- Filing period: the calendar month of the original Articles of Organization, Certificate of Incorporation, or Application for Authority
- Frequency: every two years (biennial — not annual)
- Do not file early: "A Biennial Statement should not be filed prior to the calendar month in which the Biennial Statement is due."
- First statement: confirm the first due year on your DOS entity record.
Confirm the first due year on your DOS entity record before you calendar it. The DOS FAQ states the filing month and the every-two-years rule; our coverage data treats the first statement as due in that anniversary month two years after formation or authorization, and the example below follows that pattern.
If you gave the DOS an email address, it "will send an email notice at the beginning of the calendar month in which the Biennial Statement is due." File even if the email does not arrive.
Worked example (illustrative)
Confirm the first due year on your DOS entity record. Using the coverage-data pattern, Articles of Organization filed March 12, 2026:
| What | When |
|---|---|
| Formation month | March |
| First Biennial Statement (per coverage data) | During March 2028 |
| Next statements | March 2030, 2032, … |
| Fee each time | $9 |
A foreign LLC authorized August 3, 2025 uses August as its due month on the same pattern.
Compare: Florida's annual report uses January 1–May 1; the Utah annual report is due by the last day of the anniversary month. New York's distinctive points are the biennial cadence and the formation-month window.
Fee, late consequence, and what "past due" means
| Item | Amount / result |
|---|---|
| Biennial Statement fee (LLC or business corporation) | $9 |
| Expedited handling | Not available |
| Published late-fee dollar amount | Not stated on the DOS biennial page — check NY DOS; do not invent an amount |
| Missed filing | Record shows past due on Certificates of Status / status letters |
The DOS says a missed filing "will be reflected … as past due," and status letters will show that, which "may prevent … certain business transactions." Filing also updates the process address used for service of process. You can still file late online (or request a paper form from the Statement Unit at dosCorpfiling@dos.ny.gov), then request a new Certificate of Status if needed — see Certificate of good standing.
How to file (official channel only)
- Look up the exact entity name and DOS ID in the Corporation & Business Entity Database.
- Open the e-Statement Filing Service during your due month.
- Complete the LLC statement (process address for service of process).
- Pay $9 by MasterCard, Visa, or American Express.
- Save the confirmation.
Startup To Corporate does not file this statement for you. Keep your registered agent and process address current so service of process reaches you.
New York-specific gotchas
- Biennial, not annual. Yearly filing does not match the DOS schedule.
- Due in the formation (or authority) month, not on a fixed statewide date.
- Do not file before the due month. Early filings do not satisfy the actual due month.
- $9 fee; no expedite for this filing.
- Past due blocks clean status letters. Catch up before you need one.
- Formed out of state? New York's due month follows the Application for Authority; you may still owe home-state filings — see Coverage.
Checklist
Before your due month
- Confirm the original Articles / Application month on your DOS record
- Confirm this year is a biennial year for your LLC
- Locate exact entity name and DOS ID
- Add or update the DOS email address if you want the month-start notice
During the due month
- File on the e-Statement Filing Service
- Pay $9 and save the confirmation
- Confirm the process address is current
If you are past due
- File the past-due statement online (or request a paper form)
- Request a new Certificate of Status if you need one
Calendar tip: Set a reminder for the 1st of your formation month every other year, plus a backup mid-month.
What New York requires, what STC reminds you about, what you verify
| New York requires | STC can help you track | You verify with the agency |
|---|---|---|
| Biennial Statement every two years in the original filing month | The formation-month due window on your compliance calendar | That the statement posted and the record is not past due |
| $9 filing fee | A reminder before the due month | The amount due in the DOS cart |
| Current process address on file | A prompt to review agent / service address | The address on your DOS record |
See every state's deadline on Coverage, how New York compares in Annual reports, and sibling guides like Florida LLC annual report and California LLC $800 tax and Statement of Information.
The bottom line
A New York LLC files a $9 Biennial Statement every two years in its formation (or authority) month. Miss it and the DOS record shows past due, which can appear on status letters and slow transactions. No late-fee dollar amount is published on the DOS biennial page — confirm with the Division of Corporations, then file through the official portal.
Startup To Corporate's free checkup shows whether recurring obligations like this have a date and an owner. It also explains what your business readiness score means. We help you organize. We don't file for you or act as your registered agent.
Just formed? Start with What to do after you form an LLC and the business compliance calendar.
Last verified October 25, 2026. Not legal or tax advice.
Frequently asked questions
Does a New York LLC file an annual report?
No. New York LLCs file a Biennial Statement every two years, not an annual report. Corporations use the same biennial schedule and $9 fee.
When is my NY biennial statement due?
During the calendar month in which your original Articles of Organization (or Application for Authority) were filed with the Department of State, every two years. Do not file before that month.
How much does it cost?
$9 per Biennial Statement. Expedited handling is not available. Pay by MasterCard, Visa, or American Express on the e-Statement service.
How do I find my filing month?
Use the month on your Articles of Organization or Application for Authority, or look up the entity on the Corporation & Business Entity Database and confirm the original filing date.
Where do I file?
Online through the New York Department of State's e-Statement Filing Service. You need the exact entity name and DOS ID. If you cannot file online, request a paper form from the Statement Unit.
What if I miss it?
The DOS record shows the statement as past due, and Certificates of Status or status letters will reflect that. You can still file the past-due statement online (or by paper form). The DOS biennial page does not publish a late-fee dollar amount — confirm any extra amounts with the Division of Corporations.
Official sources
Requirements can change. Confirm details with the relevant agency.
This guide is general information, not legal, tax, or accounting advice. Requirements vary by jurisdiction and circumstances. Read our legal disclaimer.