New York Annual Report Filing: Due Date, Fee, and How to File

Does New York require an annual report? No. New York asks for a Biennial Statement instead, a short filing made once every two years under LLC Law § 301(e). If you went looking for the New York annual report, the Biennial Statement is the filing you actually need, it runs $9, and we walk through the whole thing below.

Does New York Have an Annual Report?

Not in the usual sense. Most states collect a report from every LLC each year. New York collects one every other year and calls it the Biennial Statement. For LLCs, the statement is refreshingly small: it updates only the mailing address where the Secretary of State forwards service of process. There is no CEO field, no principal office field, and no registered agent listed on it.

Corporations file on the same two year rhythm, though their version (under Business Corporation Law § 408) asks for more: the CEO's name and business address, the principal executive office, and the process address.

When Your New York Biennial Statement Is Due

The due month is tied to your paperwork anniversary. A domestic LLC files during the calendar month in which its Articles of Organization were filed, every two years. A foreign LLC counts from the month its Application for Authority was filed. The filing window opens on the first day of that anniversary month and closes on the last day.

One quirk worth knowing: the two year cycle is anchored to your own formation year. New York does not run a statewide even year or odd year system, so your schedule is yours alone.

New York Annual Report Fee: $9 Biennial Statement

The official fee is $9 per filing for the Biennial Statement that takes the place of an annual report in New York. You pay it once every two years, which makes this one of the lightest recurring state filings an LLC can carry. Budget for it alongside the separate New York items covered below, like the publication requirement.

How to File the New York Biennial Statement

Filing happens online through the Department of State's e-Statement Filing System:

1. Gather your exact entity name and your DOS ID number. The online system will not open your record without both.
2. Sign in to the e-Statement Filing System during its service hours, Monday through Friday, 6:00 a.m. to 7:30 p.m. Eastern.
3. Confirm or update the mailing address where the Secretary of State should forward service of process. For an LLC, that address is the entire statement.
4. Pay the $9 fee and submit. The new address supersedes whatever was on file before.

Prefer paper? A paper form is available on request, but the online e-Statement service is the standard route the state expects you to use.

Late Filing: Penalties and Past Due Status

Here is some rare good news about a missed state deadline. New York lists no late fee for a tardy Biennial Statement, and the Department of State does not administratively dissolve an LLC for skipping it. What happens instead is that your entity is marked past due and falls out of good standing.

Past due status has teeth, though. It can hold up a certificate of status or good standing exactly when a lender, landlord, or buyer asks for one, and it can slow other transactions with the state. Filing the outstanding $9 statement clears it, so there is no reason to let it linger.

The Publication Requirement Is a Separate Obligation

New LLC owners sometimes mix the Biennial Statement up with New York's publication requirement, so let's pull them apart. Under LLC Law § 206, an LLC must publish notice of its formation in two newspapers designated by the county clerk, for six consecutive weeks, within 120 days of formation. Afterward you file a Certificate of Publication with the Department of State along with its $50 fee.

Newspaper rates are set locally and vary a great deal by county, with New York City counties at the expensive end. Skip the requirement and the state can suspend your LLC's authority to do business. This is a one time obligation tied to formation; the Biennial Statement is the recurring one.

How We Help You Stay Compliant

Compliance reminders are part of our $99 annual service. We track your biennial month based on when your business was formed and nudge you before the window opens. If you are newly formed, we also remind you about the 120 day publication clock.

We leave the actual submission to you, since the state's e-Statement system works off your exact entity name and DOS ID, but you will always know when the filing is due and what it needs. And as your registered agent, any state correspondence about your standing gets scanned and forwarded to you the same day it arrives.

Two Filings, Two Jobs

Your registered agent service and the Biennial Statement work side by side. The agent role runs continuously: someone has to be positioned to receive legal documents for your business at all times, and in New York the Secretary of State fills that role automatically while a private agent like us adds speed and tracking. The Biennial Statement is a snapshot filing you make every second year so the state's forwarding address stays current.

Keep both in order and your New York entity stays clean on the public record.

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Questions about New York biennial statements or agent requirements? Visit our FAQ page or contact us directly.