How to Reinstate a Dissolved LLC in New York

New York does not provide formal reinstatement for voluntarily dissolved LLCs. Once you file Articles of Dissolution under N.Y. Ltd. Liab. Co. Law § 701, the LLC is permanently dissolved. To resume operations, form a new LLC by filing Articles of Organization. However, if your LLC became administratively dissolved for missing the Biennial Statement, file the overdue statement with the Department of State to restore active status.

Administrative Dissolution (Missed Biennial Statement)

If your LLC failed to file its required Biennial Statement, the Department of State marks it as delinquent but does not automatically dissolve it. File the overdue Biennial Statement immediately to restore active status.

Filing Steps:

File online at https://filing.dos.ny.gov/ or request a paper form from the Statement Unit
Include your current address for service of process
Pay the $9.00 filing fee
File during the calendar month your Articles of Organization were originally filed (N.Y. Ltd. Liab. Co. Law § 301)

The Biennial Statement is due every two years. New York provides no grace period—file on time to avoid delinquent status.

Voluntary Dissolution

If you filed Articles of Dissolution, reinstatement requires a court petition under N.Y. Ltd. Liab. Co. Law § 1003. You must petition the Supreme Court in the county where your LLC's principal office is located. This process involves judicial discretion and specific procedural requirements. Consult an attorney before proceeding.

Forming a New LLC

If reinstatement is not viable, form a new LLC by filing Articles of Organization with the Department of State. The filing fee is $25. You may use the same or similar business name. File online at https://filing.dos.ny.gov/ or mail to the address below.

Verify Your Status

Before filing, check your LLC's current status at https://apps.dos.ny.gov/publicInquiry/. This search reveals whether your LLC is active, delinquent, or dissolved.

Contact Information

New York Department of State

Phone: (518) 473-2492
Online Filing: https://filing.dos.ny.gov/
Mailing Address: One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231
Website: https://dos.ny.gov/

This is general information, not legal advice.