New York Biennial Statement Requirements

New York businesses generally need to file a biennial statement with the New York Secretary of State to maintain good standing. Understanding the requirements, deadlines, and fees—plus some other New York-specific requirements—helps you stay compliant and avoid penalties.

What Is the Biennial Statement?

The biennial statement is New York's version of an annual report, except you file it every two years instead of annually. It updates the state on basic information about your business entity, confirms your business is still active, and ensures state records remain current.

This isn't a financial report or tax return—it's an administrative filing that every LLC and corporation in New York typically needs to submit every two years. The report helps the state maintain accurate records of business entities operating in New York.

Filing Details and Deadlines

New York's biennial statement has a filing fee of $9. This is one of the lower biennial report fees compared to many other states.

Your specific filing deadline depends on when your business was formed. The biennial statement is due every two years in the calendar month your business was originally formed or authorized to do business in New York.

Missing your deadline can result in penalties and potentially administrative dissolution if you fail to file for an extended period. These consequences can be costly and disruptive, so staying on top of your filing deadline matters.

What Information Gets Filed

The biennial statement typically includes:

• Your business entity name and file number
• Your agent for service of process name and address
• Your principal office address
• Names and addresses of members, managers, or officers (depending on entity type)
• Confirmation that your business is still active

The information should be current as of the filing date. If your agent for service of process, business address, or management structure has changed, the biennial statement provides an opportunity to update state records.

The Publication Requirement

Here's something unique to New York that catches many business owners by surprise: within 120 days of forming your LLC, you generally need to publish notices about your business formation in two local newspapers for six weeks.

The cost varies widely depending on your county. In rural counties, you might pay around $300. In places like New York City or other high-cost areas, it can run $1,500 or more.

After publication is complete, you need to file a Certificate of Publication with the New York Secretary of State. This costs $50.

Failing to complete the publication requirement can result in administrative suspension of your LLC, which means you lose the ability to sue in New York courts (though others can still sue you). Many business owners miss this requirement because it's unusual—most states don't have anything like it.

We send reminders about this deadline to help you stay on track, though the actual newspaper publication is separate from our registered agent service.

Consequences of Not Filing

Failing to file your biennial statement can lead to serious issues. Your business may be administratively dissolved if you don't comply with filing requirements. Administrative dissolution means your business loses good standing with the state, potentially preventing you from conducting normal business activities.

Missing the publication requirement can result in administrative suspension, which limits your ability to sue in New York courts while still leaving you open to being sued by others.

Both situations are avoidable by staying on top of deadlines and filing requirements. It's far simpler and less expensive to file on time than to deal with reinstatement procedures.

How We Help You Stay Compliant

At New York Registered Agent, compliance reminders are part of our $99 annual service. We track your biennial statement deadline based on when your business was formed and send you reminders before it's due. We also remind you about the 120-day publication requirement if you're forming a new LLC.

While we don't file the biennial statement on your behalf—that's between you and the New York Secretary of State—we make sure you know when it's due and what's required. Our reminders help you avoid late fees and penalties.

As your agent for service of process, we also receive any official correspondence from the state about your filing status. If the Secretary of State sends compliance notices or reminders, we scan and forward those documents to you the same day, ensuring you stay fully informed.

With our proactive reminders and fast document forwarding, you have the support needed to maintain good standing without stress about missed deadlines.

Biennial Statement vs. Agent for Service of Process

It's helpful to understand that the biennial statement filing ($9 to the state every two years) and your agent for service of process service ($99 to us annually) are separate things, but both matter for maintaining your New York business:

Your agent for service of process accepts legal documents year-round and forwards them to you fast. The biennial statement is a filing you complete once every two years to update your business information with the state.

You need both to stay in full compliance: an agent for service of process at all times (the Secretary of State serves this role automatically, though many businesses designate an additional private agent for faster service) and a biennial statement filed every two years.

Additional Cost Considerations

When budgeting for your New York business, remember these costs:

• LLC formation: $200, plus $5 copy fee = $205 total
• Publication requirement: $300-$1,500+ depending on county, plus $50 Certificate of Publication fee
• Biennial statement: $9 every two years
• Agent for service of process: $99/year with our service

If your LLC is based in New York City, you may also be subject to the Unincorporated Business Tax. Consult a tax professional about your specific situation.

Filing Your Biennial Statement

The New York Secretary of State provides online filing for biennial statements through their website at dos.ny.gov. The $9 filing fee is straightforward, and the process is typically quick.

You'll need your business entity information and current details about your agent for service of process, addresses, and members or officers. If you have questions about specific information required, the Secretary of State's office can provide guidance.

Stay on Track

Keep your New York business in good standing with New York Registered Agent. For $99 per year, you receive agent for service of process service plus compliance reminders that help you avoid missed deadlines and penalties.

Get Started — $99/year

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