New York State Biennial Statements
In New York, every business corporation and limited liability company (LLC) is required to file a Biennial Statement with the Department of State every two years.
What You Need to Know
The Biennial Statement updates the name and address of the corporation’s chief executive officer and the address for service of process. Failure to file can result in your business being listed as “Past Due” in state records, affecting your ability to get loans or sell the business.
WHAT IS THE NEW YORK: BIENNIEL STATEMENT
In New York, the Biennial Statement is a mandatory filing used to update the State on your business’s contact information. Unlike New Jersey’s annual requirement, New York only requires this update every two years.
Here is everything you need to know about the NYS Biennial Statement:
Who Must File ?
The requirement applies to most formal business entities active in New York, including:
- Domestic and Foreign LLCs (Limited Liability Companies)
- Domestic and Foreign Business Corporations
- Professional Corporations (PCs) and PLLCs
Key Filing Details
- Frequency: Every two years.
- Due Date: By the last day of your anniversary month every second year.
- Example: If you formed your LLC in October 2023, your first Biennial Statement is due by October 31, 2025.
Information Required
The state primarily wants to ensure they have a valid address to send legal documents (“Service of Process”). You must provide:
- Entity Name & DOS ID Number: (You can find this via the NYS Business Database).
- Service of Process Address: The address where the Secretary of State should mail legal notices.
- Chief Executive Officer (Corporations Only): Name and business address of the CEO.
- Principal Executive Office (Corporations Only): The main business address.
Penalties for Non-Compliance
New York does not charge a specific “late fee” for this filing, but the consequences are still serious:
- “Past Due” Status: Your business will be listed as “Delinquent” or “Past Due” in public records.
- Loss of Good Standing: You will be unable to obtain a Certificate of Good Standing, which is usually required to open bank accounts, secure loans, or close real estate deals.
- Legal Risk: If your Service of Process address is outdated, you might miss notice of a lawsuit, leading to a default judgment against your company.
[!TIP] Don’t confuse this with the Tax Filing: LLCs in NY often have a separate Annual Filing Fee (Form IT-204-LL) due to the Department of Taxation every year. The Biennial Statement is a separate, purely administrative filing.
Our NY Service Includes
Due Date Monitoring
Data Verification
CONTACT
Don’t Risk Non-Compliance – Partner with US CARRIERS COMPLIANCE AND RECORDS MANAGEMENT!
The NYS Biennial Statement is a non-negotiable requirement for all entities operating in New York. While only required every two years, missing this critical window will result in your business being marked as “Past Due” or “Delinquent,” potentially halting bank transactions, loans, and legal authority. Let US CARRIERS COMPLIANCE AND RECORDS MANAGEMENT be your reliable partner in maintaining NY state compliance, ensuring your business stays in “Good Standing” and your ability to operate remains uninterrupted.