What is the BOI reporting requirement for LLCs in New York?

New York does not impose a separate Beneficial Ownership Information (BOI) reporting requirement at the state level. LLCs must comply with federal FinCEN BOI reporting under 31 U.S.C. § 5336 if they meet the definition of a "reporting company." At the state level, New York requires LLCs to file a Biennial Statement every two years with the Department of State, costing $9.00, which reports only the address for service of process.

New York's Biennial Statement Requirement

Every New York LLC must file a Biennial Statement with the Department of State, Division of Corporations, State Records and Uniform Commercial Code (N.Y. Ltd. Liab. Co. Law § 307). The filing is due every two years during the calendar month in which the Articles of Organization were filed, beginning two years after formation. There is no grace period.

Filing Details:

Fee: $9.00
What to report: Address for service of process
How to file: Online at https://filing.dos.ny.gov/ or by paper form
Contact: (518) 473-2492

Missing the deadline marks your LLC as "past due" in state records, which can interfere with business transactions and obtaining status certificates.

Federal BOI vs. State Biennial Statement

These are separate requirements. New York's Biennial Statement is a state-level filing focused on maintaining current service of process information. Federal BOI reporting under the Corporate Transparency Act applies only to "reporting companies" and requires disclosure of beneficial owners and company applicants to FinCEN—not to New York State.

Most small LLCs are exempt from federal BOI reporting. If your LLC meets FinCEN's definition of a reporting company, you must file BOI by the applicable federal deadline, typically January 1, 2025.

Filing Your Biennial Statement

File online through the New York Department of State portal at https://filing.dos.ny.gov/ for faster processing. If you miss a deadline, file the overdue statement immediately to bring your LLC into compliance. Verify your LLC's filing deadline by checking the month your Articles of Organization were filed.

For questions, contact the New York Department of State at (518) 473-2492 or visit One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

This is general information, not legal advice.