New York - Biennial Statements

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New York LLC Biennial Statements

Quick Start Guide
This Quick Start Guide is a brief overview of how to form an LLC in New York.

Detailed Lessons:

 

New York LLC Costs:
New York state fee: $200
Certificate of Publication: $50
Newspaper fees: vary by county (read lesson 2)
Biennial Statements: $9, every two years

Need to save time?
Hire a professional to form your LLC in New York:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)


Video Transcript:

The following information is provided for educational purposes only and in no way constitutes legal, tax, or financial advice. For legal, tax, or financial advice specific to your business needs, we encourage you to consult with a licensed attorney and/or CPA in your State. The following information is copyright protected. No part of this Lesson may be redistributed, copied, modified or adapted without prior written consent of the author. As we mentioned earlier, there are ongoing requirements with the State of New York. The first of these is called the Biennial Statement which we will discuss in this Lesson. The second of these is filing your LLC’s State taxes. We will discuss taxes in the next Lesson. The purpose of the Biennial Statement is to keep the State updated with your LLC’s contact information. The Biennial Statement includes your LLC name, your address for Service of Process, and your Department of State ID Number (also known as your “DOS ID Number”). If there are changes to your address for Service of Process, you will just need to update the State and pay the fee. If there are no changes to your address for Service of Process, you will just pay the fee. You can find your DOS Number on your Filing Receipt that your received back from the State when you filed your Articles of Organization. If you cannot find your DOS ID Number, you can retrieve it from the State’s online database by searching your LLC’s name. Or, you can simply call the State at the number below this video and ask them to retrieve it for you. Let’s head over the State’s online database for a quick search to show you how this would work. There’s a link below this video which will take you to the State’s website. I’m going to search an example company here called “Empire Brick Sales”. Once on the State’s website, in the right sidebar( underneath “Database Searches”), I’m going to click on “Corporation/Business Entities”. I’m going to leave the settings in No. 2 and 3 as they are, and I’m going to enter in the business name in the 1st box. Then I’m going to click “Search Database”. It will open up a new tab, and here I can see my entity “Empire Brick Sales, LLC”. I’m going to click that link. Here’s the basic contact information and the overview of the LLC. And right here is the DOS ID Number. It’s a good idea to write that number down or print this page for your records. The Biennial Statement filing fee is $9. It is due every 2 years by the end of your LLC’s anniversary month. Your LLC’s anniversary month is the month in which your LLC was approved by the State. For example, if the approval date of your LLC was March 15th, 2015, your 1st Biennial Statement will be due by March 31st, 2017. Your 2nd Biennial Statement will be due by March 31st, 2019, and your ongoing Biennial Statements will be due by March 31st every 2 years. The Biennial Statement cannot be filed prior to the calendar month in which it is due. Using our example, if your LLC was approved on March 15th, 2015, you must file your Biennial Statement between March 1st and March 31st of 2017. New York will send you a reminder at the beginning of your anniversary month. If you formed your LLC online, the State will email you a reminder. If you formed your LLC by mail, the State will mail you a reminder. At some point in the near future, New York has indicated that they will stop sending reminders by mail. For this reason, we suggest you put a repeating reminder on your calendar to make sure you file on time every 2 years. New York requires that you file your Biennial Statement online. The online filing is only available Monday through Friday from 6am – 730pm EST. Filing online is simple and only takes a few minutes. We will walk you through the details in just a second. Failure to file your Biennial Statement on time will result in the State marking your LLC as “not in good standing”. In order to fix this, you will need to call the State and request your Biennial Statement form. The State will mail you the Biennial Statement form, since you’ will no longer be able to access it on the State’s website. Until you have taken care of this, your LLC may be restricted from any business transactions in the State. Again, you can find the State’s contact information below this video. We are now ready to file your Biennial Statement. The link below this video will take you to the State’s website. Let’s get started. Here we are at the State’s website. In the right-hand column, underneath “Select Links” (under “Online Filings”), you’re going to click “Biennial Statements”. On this 1st page here, you’re going to need to enter your DOS ID Number in the 1st field, and then enter your business name. Please enter your LLC name exactly as it appears in your Filing Receipt and your Articles of Organization (that means punctuation as well as capitalization). I have an example company I’m going to use. I’m first going to fill in the DOS ID Number, and then I’m going to enter the business name and click “Submit”. The online filing for the Biennial Statement is very straightforward: you need to update the address for Service of Process (where the State will forward an email in case you get sued). If the information inside of Part 1 has not changed, you’re simply going to check off the box here that says “NO CHANGE REQUIRED”, and then you can go down to the payment information, or if you need to update the address, leave this box unchecked and update your address. Towards the bottom, under “Credit Card Information”, you’re going to check off this 1st box, enter your name here. Underneath “Capacity”, you’re going to select “Member”. In the next field, you’re going to enter your email address, then your credit card number, the expiration date, and the zip code that’s attached to the billing address. Once you’ve completed all this information, you’re going to click the “Next” button over here, and that’s it. On the next page, you’ll get a confirmation message letting you know that your payment has gone through. There will not be any form to print, and you will not receive a receipt; and moving forward, remember every 2 years you need to file your Biennial Statement by the end of the anniversary month of when your LLC was approved. If you have any issues finding your DOS ID Number, or if you’re trying to make payment outside of the 30-day open window, please call the State at the phone number below this video. And that wraps up this Lesson. It’s pretty straightforward: update your address if needed, enter your payment information, click “Next”, your payment will go through, and that’s it. Just make sure you do this every 2 years. And that concludes this Lesson.

File Biennial Statement

https://appext20.dos.ny.gov/corp_ebiennial_public/corp_app.e_biennial.main_page

State Contact Info

518-473-2492 (M-F: 8:30am – 4:30pm)
[email protected] (email)
https://www.dos.ny.gov/corps/contact.html

Next Step

You can now proceed to the next Lesson: Taxes.

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Matt Horwitz
Founder & Educator at LLC University
Forming an LLC shouldn't be so complicated. Our step-by-step guide will make the process a breeze – and no complex legal jargon! We teach people how to form an LLC for free in all 50 states. We hope you find our free guides and resources helpful in your entrepreneurial journey.

9 Comments

  1. Tracy April 6, 2018

    Hi Matt,
    First, let me say thank you, thank you on this fabulous website. Through your expertise I was able to form my LLC without a hitch and my legal ads are running in Albany newspapers as I write this. I do however have a question about the Biennial statement. Due I pay this year or in 2020? Also, not related to this post I saw a donate button on your page and will be making a donation. The information your company provide is truly appreciated.

    reply
    • Matt Horwitz April 8, 2018

      Hi Tracy, why thank you for the nice comment! So glad to hear! If your LLC is approved in 2018, your first Biennial Report does not need to be filed until 2020. And thank you so much for your support!! :)

      reply
  2. Moises Nunez April 22, 2018

    Hi, I Have a questions.
    if I have an LLC for single member for my business.

    Can I pass to other person just change my name to other person name?

    if is yes, can you give me the instructions.

    Thanks

    Best Regard

    reply
    • Matt Horwitz April 27, 2018

      Hi Moises, “passing” an LLC to another would likely be a sale. It involves multiple steps as well as supporting documentation and contracts. It’s not something we provide information on at this time. You have to sell your LLC interest, document that sale, amend the Operating Agreement, amend the Articles of Organization with the Division of Corporations, update the IRS, and update the NY Department of Taxation & Finance. Instead, if you’re done with the LLC, we recommend dissolving it (by filing Articles of Dissolution). And if the other person wants and LLC, we recommend they just form a new one. Hope that helps and thanks for your understanding.

      reply
  3. Katie Augustin May 30, 2018

    Great Website! I am thinking of starting an LLC (Property Management) I just brought a two family home. I want to use one Unit to start making history of the property management LLC. Where the future tenants will pay to the LLC instead of paying me. In few years after I build some captial I plan to buy more property and manage more rental spaces.

    I read about the 200 plus fees of 9 every 2 years and New York publication fees. Are there any other fees, I should be aware of ?

    Is this a good idea or will running an LLC will be too costly for collecting rent purposes?

    reply
    • Matt Horwitz June 17, 2018

      Hi Katie, holding real property in an LLC is a great idea for personal asset and liability protection. And you are correct on the fees. Make sure to speak with an accountant to make sure your taxes are properly paid: federal, state, and local. Hope that helps!

      reply
  4. sid October 3, 2018

    hey matt,

    Is the LLCs’ approval date the same as the Initial DOS Filing Date?

    reply
    • Matt Horwitz October 25, 2018

      Hey Sid, yes, these are the same. Hope that helps.

      reply
  5. Caroline December 12, 2018

    Hello Matt,

    I filed and became my own LLC on 1/26/16. When must I pay dues in NY state?
    Thank you!
    Caroline

    reply

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