New York LLC Filing Deadlines: Biennial Statement, Fees & Due Dates (2026)
Last checked October 2026 against the official sources linked below. General information, not legal advice.
New York LLCs file a Biennial Statement with the Department of State every two years, not every year. It is due in the calendar month the LLC was formed, every second year, and it costs $9. No monetary late fee is listed, but a missed statement flags your LLC as 'past due' in state records, which shows on any Certificate of Status and can block business transactions. The fix is simple: file the past-due statement online for $9. Note this is separate from New York's one-time publication requirement, which must be completed within 120 days of formation.
Quick reference
| Filing | Biennial Statement |
|---|---|
| Due | Every 2 years, in your anniversary month |
| Fee | $9 |
| Where to file | NY DOS e-Statement Filing |
| Late penalty | No monetary late fee is listed; 'past due' status that can block transactions |
| If you miss it | Past-due status in DOS records and on Certificates of Status (the DOS states no dissolution consequence for this filing) |
| First filing | Two years after the articles of organization are filed |
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What happens if you miss the New York deadline
New York is unusual: no late fee is listed at all for a missed Biennial Statement. The punishment is reputational and practical. Your entity is flagged 'past due' in Department of State records, and every Certificate of Status (the document lenders, buyers, and counterparties ask for) reflects it. A past-due flag can stall a refinancing, a sale, or a new lease while everyone waits for you to clear it.
Do not confuse the Biennial Statement with the publication requirement. Within 120 days of formation, New York LLCs must publish notice in two newspapers and file a Certificate of Publication ($50). Fail that one and your authority to transact business is suspended, a far harsher outcome than a past-due biennial statement.
The cure for a missed Biennial Statement is simple: file it online for the same $9. No reinstatement application, no extra penalty, no waiting period. Filing the past-due statement clears the past-due flag.
How to file the New York Biennial Statement
- Go to filing.dos.ny.gov, the Department of State's e-Statement Filing Service (available Monday–Friday, 6:00 a.m.–7:30 p.m. ET).
- Have your DOS ID number and the LLC's exact legal name ready; the system requires an exact match.
- Complete the Biennial Statement: confirm the principal address and the name and address of the LLC's chief executive officer or authorized person.
- Pay the $9 filing fee by card or e-check. Expedited handling is not available for this filing.
- Save the confirmation. Your next statement is due in the same calendar month, two years out.
- Let LLC Keeper remind you next time: find your LLC with the checker below (free for your first LLC), and get an email before each deadline with a direct link to NY DOS e-Statement Filing.
Frequently asked questions
When exactly in my anniversary month is the statement due?
Any time during the calendar month your articles of organization were filed, every second year. The Department of State's e-Statement service is available Monday through Friday, 6:00 a.m. to 7:30 p.m. ET.
I just formed my New York LLC. When is my first biennial statement due?
Two years after your articles of organization were filed, in that same calendar month. Do not file it early: the DOS advises against filing before the month it is due.
What happens if I miss the New York biennial statement deadline?
No monetary penalty is listed. Your LLC is marked 'past due' in DOS records, which appears on Certificates of Status and can block transactions. File the past-due statement online for $9 to clear it.
What is the New York LLC publication requirement?
A separate one-time obligation: within 120 days of formation, publish notice of the LLC in two newspapers for six weeks, then file a Certificate of Publication ($50) with the DOS. Missing it suspends your authority to do business, unlike the biennial statement, which carries no suspension.
Is the biennial statement a tax filing?
No. It goes to the Department of State. Tax obligations are separate.
Can my New York LLC be dissolved for missing the biennial statement?
The DOS lists no dissolution consequence for a missed Biennial Statement. The stated consequence is past-due status, not dissolution.
Find your LLC and get reminded before this deadline. Free for your first LLC.
Find your LLC
Free for your first one.
Also check: California deadlines · Illinois deadlines