New York Biennial Statement Filing Instructions
What is the cost to file the New York Biennial Statements?
NY Profit Corporations and PCs-domestic and foreign: $9
NY LLCs and PLLCs-domestic and foreign: $9
NY LLP-domestic: $20 (Five Year Statement)
NY LLP-foreign: $50 (Five Year Statement)
NY LPs: No reports or statements.
NY Nonprofits: No reports or statements.
NY Charities: The annual fee varies according you revenue. From $10 to $1500.
How to file your New York Department of State Biennial Statement:
Corporations, LLCs and LLPs have to file reports with the NY Department of State. Non-profits and limited partnerships are not required to file reports.
NY Corporations and NY LLCs file a report called the Biennial Statement every other year. These are commonly confused with an annual report, as many states use. The New York Department of State will send you a Biennial Statement form. The form explains how to file the report online. The system is fairly easy. You enter your company information and credit card information and click ‘Submit.’ See the link below. Once your company is delinquent you cannot use the online option.
The other option is to just fill out the form that was sent by the NY Department of State and mail or fax it in with the filing fee. Include the Credit Card Authorization Form if you fax file. If you are delinquent, you will need to call or email the department to request the past due statement to file by mail or fax.
NY LLPs file a Five Year Statement of LLP Registration with the Department of State by mail or fax with the filing fee.
NY nonprofit charities are required to register and annually renew their registration with the New York Attorney General. The forms are available at the AG website or from our link below. It is an annual financial report and it is long and detailed. Mail the completed report and needed attachments to the Charities Bureau with a check for the renewal fee.
When are New York Biennial Statements due?
NY Corporations and LLCs Biennial Statements are due during the month the business was incorporated or granted authority. Those companies must file a statement every two years.
LLPs have to file a 5 Year Statement within sixty days before the LLPs fifth anniversary. Then a report is due every five years after that.
Does New York have special initial report requirements?
No. When you start a business in New York, the state gives corps and LLCs a two-year grace period.
What are the penalty fees for a delinquent Biennial Report?
No penalties for businesses. Your status is changed to ‘Delinquent.’
NY Charities can have very high penalties depending on the decision of the NY Attorney General. Your registration is automatically revoked for missing the due date. So depending on how much fundraising your charity has done while revoked, the penalty can be up to $100 per day.
How do I get notified?
NY Corporations Biennial Statements are sent to the principal office if you have one, otherwise to your New York registered agent.
NY LLC Biennial Statements are only sent to your New York registered agent.
NY LLPs will have their five-year statement mailed to the principle office address two months before the statement is due.
Who can file New York Annual reports?
The Biennial Statement needs to be filed by an officer, member or manager.
The NY Charity Annual Report must be signed by two officers, preferably the president and treasurer.
Are original signatures needed?
Not for the biennial statement, but charities require original signatures.
New York Department of State
Division of Corporations Statement
Unit One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0002
Phone: (518) 473-2492
Fax: (518) 486-4680
New York State Department of Law
Office of the Attorney General Charities Bureau – Registration Section
New York, NY 10271
Phone: (212) 416-8402
File your NY biennial report online: http://www.dos.ny.gov/corps/ebiennial5-1.html
NY Charities: http://www.charitiesnys.com