New York Annual Report: Biennial Statement Due Dates, Fee, and Filing

New York skips the annual report entirely. The state's recurring filing is the Biennial Statement: once every two years, $9, required by LLC Law § 301(e). Searching for the New York annual report lands you here because this is that filing under its real name.

The Biennial Statement, Not an Annual Report

Two facts up front. First, the cycle is every two years, not every one. Second, for an LLC the statement contains a single piece of information: the mailing address where the Secretary of State forwards service of process. No officer names. No principal office. No registered agent field.

Corporations follow the same two year cadence under BCL § 408 but report more, including the CEO's name and business address and the principal executive office.

Due Date: Your Anniversary Month, Every Two Years

• Domestic LLC: due during the calendar month your Articles of Organization were filed, every second year.
• Foreign LLC: same rule, counted from the month your Application for Authority was filed.
• Window: opens the first day of that month, closes the last day.
• Parity: anchored to your own formation year. New York has no statewide even or odd year scheme.

Formed in June? You file in June, two years later, and every two years after that.

The New York Annual Report Fee Is $9

$9 per filing, every second year, among the smallest recurring state fees anywhere. That is the entire recurring charge New York attaches to keeping an LLC's statement current.

How to File, Step by Step

1. Have your exact entity name and DOS ID ready. The portal requires both to open your record.
2. Log in to the Department of State's e-Statement Filing System on a weekday during its posted business hours, Eastern time. Start from the state's Biennial Statement page for current instructions.
3. Confirm or replace the service of process mailing address on file. The address you enter supersedes the old one.
4. Pay $9 and submit. Done for two more years.

Paper filing exists on request, but online is the standard method.

No Late Fee, No Dissolution, Still a Problem

New York attaches no late fee to an overdue Biennial Statement, and the Department of State will not administratively dissolve your LLC over it. The penalty is status based: the entity shows past due and drops out of good standing.

That status blocks things at bad moments. Certificates of status get held up. Lenders and closing attorneys notice. The fix is simply filing the missing $9 statement, so file it.

Publication Is a Different Requirement

Do not confuse the Biennial Statement with LLC publication. LLC Law § 206 requires a new LLC to publish formation notices in two newspapers designated by the county clerk, six consecutive weeks, inside the first 120 days. A Certificate of Publication then goes to the Department of State with a $50 fee. Newspaper pricing depends on the county, and New York City counties sit at the high end. Fail to publish and the state can suspend the LLC's authority to do business.

Publication happens once. The Biennial Statement repeats.

Where We Fit

Our $99/year agent service includes deadline tracking: we log your anniversary month and remind you before each biennial window opens, plus the 120 day publication clock for new LLCs. Any Department of State notice that reaches us is scanned to your portal the same day.

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Questions? Our FAQ has answers, or contact us.