Business Resources
New York LLC Requirements
A New York limited liability company has fewer recurring state obligations than most owners expect — but the ones that exist are easy to miss, because the state sends notice to whatever address is on the record.
The Biennial Statement
Every domestic LLC, and every out-of-state LLC authorized to do business in New York, must file a Biennial Statement once every two years. For an LLC, the statement is short: it confirms or updates the address to which the Department of State forwards service of process. There is a state filing fee, currently $9.
Your filing month
The due month is the calendar month in which the LLC's Articles of Organization were filed, or in which an out-of-state LLC was authorized. An LLC formed in June has a June filing month and a statement due in June of every second year. The year alternates with formation year, which is why two businesses with the same filing month can be due in different years.
The service of process address
The Secretary of State is the agent for service of process for every New York LLC, and forwards anything received to the address on file. If that address is out of date, a lawsuit can be served and a default judgment entered without anyone at the business seeing a document. Reviewing that address is the substantive part of the biennial filing.
The operating agreement
New York requires LLC members to adopt a written operating agreement. It is not filed with the state and is not public — it is kept with the company's records — but it governs how the LLC is managed and how profits are shared, and banks and investors ask to see it.
Records to keep current internally
- Membership and ownership percentages
- Manager or managing-member designations
- The operating agreement and any amendments to it
- Formation documents and any certificates of change or amendment
- Federal EIN and any New York tax registrations
What happens when a statement is missed
The record stops showing the LLC as current with its filings. Practically, that means a certificate of status will not issue, which surfaces during a bank review, a lease, a loan or a sale. Overdue statements are filed later at the same $9 state fee, and the record is brought current once the Department of State processes them.
State fees and requirements can change, and tax obligations are separate from these filings. This page is general business information, not legal or tax advice. New York Business File is a private service and is not the New York Department of State.
Find your filing period
Search your LLC by name or NY DOS ID to see its filing month and current status.
Also useful: the Biennial Statement guide and the compliance calendar.