By Sara Pogorzelski, National Corporate Research, Ltd.
The New York Department of State recently launched a filing system that will allow business entities to file their Biennial Statements online.(While most states mandate annual report filing, New York requires biennial report filing.)
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.
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. The e-filing system can be accessed through: https://appext9.dos.ny.gov/corp_ebiennial_public/corp_app.e_biennial.main_page
At this time, companies can still file their Biennial Statements in paper form by requesting the form directly from the state at email@example.com or (518) 473-2492.
General Information Required for Filing:
- Business Name: Exactly as recorded with the state
- Department of State (DOS) Identification Number: This can be found on the report notice received from the state or by contacting the state directly at firstname.lastname@example.org or (518) 473-2492.
- E-mail Address: An acknowledgment confirming that the report has been accepted will be sent to the e-mail address listed on the report. This e-mail address will also receive future notification when the next Biennial Statement is due. The address may be updated by sending a request to the Department of State at email@example.com. Your request must include the entity’s DOS ID number, the exact business name and the new e-mail address.
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.