Short answer
Under the statute, a New York LLC biennial statement gives one address: the post office address where the Secretary of State mails a copy of any legal process accepted for the LLC. The law says that address can be inside or outside New York. The fee is $9. You file every two years, in the calendar month the LLC’s original filing was made. You can file online through the Department of State.
Key takeaways
- New York LLC Law Section 301(e) says the statement sets forth “the post office address within or without this state to which the secretary of state shall mail a copy of any process accepted against it.”
- The Department of State says the filing period is the calendar month in which the LLC’s Articles of Organization or Application for Authority was filed. The statement is filed every two years, and it “should not be filed prior to the calendar month in which the Biennial Statement is due.”
- The fee is $9. The Department says “Expedited handling is not available for the filing of Biennial Statements.” To file online you need the LLC’s exact name and its DOS ID number.
- An LLC that does not file is shown in Department of State records “as past due in the filing of its Biennial Statement,” and a Certificate of Status will say so. The past due statement can still be filed online.
- The statute says the new address “shall supersede any previous address on file.” Between statements, a New York LLC changes this address with a Certificate of Change under Section 211-A, which has a $30 filing fee.
What address does a New York LLC biennial statement ask for?
Under the statute, a New York LLC biennial statement gives one address. It is the address where the New York Secretary of State mails a copy of legal papers, called process, that are served on the Secretary of State for your LLC.
The rule comes from Section 301 of the New York Limited Liability Company Law. The section’s title is “Statutory designation of secretary of state as agent for service of process.” Subdivision (e)(1) says every LLC covered by the law “shall biennially in the calendar month during which its articles of organization or application for authority were filed, or effective date thereof if stated, file on forms prescribed by the secretary of state, a statement setting forth the post office address within or without this state to which the secretary of state shall mail a copy of any process accepted against it served upon him or her.”
The Department of State’s biennial statement page says the same thing in shorter words. It says LLCs must file every two years “setting forth the address to which the New York Secretary of State shall mail a copy of any process accepted on its behalf.” The words “within or without this state” in the statute mean the address does not have to be in New York.
Corporations file a longer statement. The Department’s page lists four items for a business corporation. They are the name and business address of its chief executive officer, the street address of its principal executive office, the address for process, and the number of directors and how many are women. The LLC statement, as the statute and the Department describe it, has only the process address. The pages we read do not list every field on the online filing screen.
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When the biennial statement is due
The statement is due every two years, in one specific month. The Department of State says the filing period “is the calendar month in which its original Certificate of Incorporation, Articles of Organization, or Application for Authority was filed with the New York Department of State.” For a New York LLC, the filing is the Articles of Organization. For an LLC formed in another state, the filing is the Application for Authority.
Do not file early. The Department says “A Biennial Statement should not be filed prior to the calendar month in which the Biennial Statement is due.” Its FAQ covers the case where someone filed early anyway. The answer says the LLC “will again be required to file a Biennial Statement in the calendar month in which the Biennial Statement is due.”
The Department sends a reminder only if it has an email address. Its page says: “If an email address has been provided to the Department of State, the Department will send an email notice at the beginning of the calendar month in which the Biennial Statement is due.”
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How to file online and what it costs
The Department of State says the fee “for filing a Biennial Statement for a business corporation or LLC is $9.” Online, you pay the $9 with a credit card or debit card. The page says “MasterCard, Visa and American Express are acceptable forms of payment.” It also says “Expedited handling is not available for the filing of Biennial Statements.”
The online system is called the e-Statement Filing Service. The Department says “you must have the exact name of the entity and its DOS ID number.” DOS ID means the Department of State identification number. The Department says both “may be found by searching the name of the entity on the Department of State’s Corporation & Business Entity Database.”
The page gives two different statements about hours. One says the service “is available Monday-Friday from 6:00 a.m. to 7:30 p.m., Eastern Standard Time.” Another says it “is available 24 hours a day 7 days a week.” If the service does not open, try again during the weekday hours.
If you cannot file online, the Department says “you may request a paper form by contacting the Statement Unit of the Department of State’s Division of Corporations.” The FAQ says the request must be in writing and include the exact name of the LLC. The mailing address it gives is New York State Department of State, Division of Corporations, Statement Unit, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0002.
- 1Wait until the calendar month your LLC’s original filing was made.
- 2Look up the LLC in the Corporation and Business Entity Database. Copy the exact name and the DOS ID number.
- 3Open the e-Statement Filing Service on the Department of State site.
- 4Enter the post office address where the Secretary of State should mail process.
- 5Pay the $9 fee with a MasterCard, Visa, American Express, or debit card.
What happens if the statement is not filed
The Department of State’s biennial statement page says an LLC that fails to file “will be reflected in the New York Department of State’s records as past due in the filing of its Biennial Statement.” The page adds that any Certificate of Status or status letter from the Department “will reflect that the corporation or LLC is past due in the filing of its Biennial Statement.” Anyone who gets that certificate will see the past due note. The page says this “may prevent the corporation or LLC from completing certain business transactions.”
The fix is to file. The FAQ asks whether a past due LLC can file now, and answers: “Yes. Biennial Statements may still be filed online on the Department’s website.” After filing, the FAQ says you may request a new Certificate of Status from the Division of Corporations. The pages we read do not list a state late fee for a past due biennial statement.
Past due status is a Department of State record. Dissolution by proclamation is a different matter. It comes from New York tax law, and it is written for corporations. Our guide to New York dissolution by proclamation explains what triggers it. The Department’s FAQ also says “A domestic corporation or LLC remains active until it dissolves.” Our guide to an LLC that is not in good standing compares how other states handle missed reports.
How to change the address between statements
Each biennial statement replaces the address on file. Section 301(e)(1) says “Such address shall supersede any previous address on file with the department of state for this purpose.” So the address you enter on the statement becomes the new address for process.
You do not have to wait two years to change it. A New York LLC can file a Certificate of Change. The Department of State says a domestic LLC can use it to “change the name and address of its designated address for the New York Secretary of State to mail service of process.” The same page says the certificate can also change the county location and “make, revoke or change the designation of a registered agent.”
The Department’s page says the certificate is filed “pursuant to Section 211-A of the New York State Limited Liability Company Law.” It says the certificate goes in “together with the $30 filing fee.” The page describes mailing the form to the Division of Corporations in Albany. It does not mention an online option. An LLC formed in another state uses a separate Certificate of Change form for foreign LLCs, which is also on the Department of State site.
Beneficial ownership disclosure is a separate filing
New York also has a beneficial ownership disclosure for some LLCs. The Department of State’s FAQ says it covers “Limited liability companies that were formed under the law of a foreign country” and are authorized to do business in New York. The FAQ says “Domestic limited liability companies and foreign limited liabilities formed in another state or U.S. territory” are exempt from reporting.
The FAQ gives the deadlines. A covered LLC files “within thirty days of filing an application for authority.” A covered LLC authorized before January 1, 2026 has until “December 31, 2026.” The FAQ says “a non-refundable fee of $25 is required for each beneficial ownership statement and attestation of exemption.” The FAQ does not mention the biennial statement. The FAQ also says it is based on law “in effect on December 23, 2025,” so check the Department’s current page before you file.
Choosing the address for service of process
The address on the biennial statement is where court papers can arrive when someone sues the LLC. The Department’s FAQ says filing the statement gives an LLC “the opportunity of updating their address for service of process and avoiding the possibility of a default judgement.” A default judgment is a court ruling made because the company did not respond. If papers go to an old address, nobody may see them in time.
Other people can learn this address. The Department’s FAQ says it “is able to provide the address to which the Secretary of State is required to forward copies of process accepted on behalf of” an LLC. So treat it as an address that others can see, and use one where someone reads the LLC’s mail promptly.
The statute says the address can be inside or outside New York. The pages we read do not say whether it may be a mailbox service. New LLCs in New York also have a newspaper publication requirement. Our guide to the New York publication requirement explains how the LLC’s address affects that step. Before you list a new address, our free address checker shows how USPS classifies it.
Whether a mailbox service may serve as this address is a question for the Department of State or a New York attorney. For the LLC’s everyday mail, our Silicon Valley virtual office and Los Angeles business address pages describe the business addresses save office offers.
Not legal or tax advice
This guide summarizes New York LLC Law Section 301 and the New York Department of State pages cited here, as read on October 25, 2026. Filing screens, fees, and hours can change. Contact the Department of State about your LLC’s record, and ask a New York attorney about service of process for your company.
Frequently Asked Questions
Sources & References
Primary sources this guide is based on.
- 1New York Department of State · Biennial Statements for Business Corporations and Limited Liability Companies (accessed October 25, 2026)
- 2New York Department of State · FAQs: Corporations and Business Entities (accessed October 25, 2026)
- 3New York State Senate · New York Limited Liability Company Law Section 301 (accessed October 25, 2026)
- 4New York Department of State · Certificate of Change for Domestic Limited Liability Companies (accessed October 25, 2026)
- 5New York Department of State · Beneficial Ownership Disclosure Frequently Asked Questions (accessed October 25, 2026)
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