While the requirements for online filings are essentially the same as paper filings, those responsible for corporate compliance should note that the state may change its approach for dealing with late filings.
Report Due Date
Most entities authorized to do business (formed or qualified) in New York are required to file a Biennial Statement. The report is due every two years by the end of the entity’s anniversary month.
Filing Method
Online filing is available if an entity has received a biennial statement notice from the N.Y. Department of State after May 1, 2012. Reports cannot be filed until after the first day of the month in which the report is due. Click to access the e-filing system.
At this time, companies can still file their Biennial Statements in paper form by requesting the form directly from the state at ebiennial@dos.ny.gov or (518) 473-2492.
General Information Required for Filing:
Cost and Payment Methods
The state report fee remains $9.00 and payment for the online filing is limited to MasterCard, Visa or American Express. (Note that there is no credit card convenience fee.)
Penalty for Late Filings
In previous years, the state has not enforced biennial report due dates or applied a late fee. However, the state has communicated that going forward, any entity that fails to file a Biennial Statement may have their jurisdictional status changed from “Active” to “Past Due/Delinquent” and may be subject to a $250 late fee.
This article is provided for informational purposes only and should not be considered, or relied upon, as legal advice.