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Corporate Transactions and Compliance Blog

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Online Filing Now Available for New York Biennial Reports

  
  
  
  

By Sara Pogorzelski, National Corporate Research, Ltd.


New York Biennial Reports Online FilingThe 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.

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. 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 ebiennial@dos.ny.gov 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 ebiennial@dos.ny.gov 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 ebiennial@dos.ny.gov. 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.

Comments

I wish to terminate an LLC which no longer using, how do I terminate
Posted @ Monday, September 17, 2012 2:45 PM by Michael Mason
Termination of a New York limited liability company is accomplished by the filing of Articles of Dissolution under Section 705 of the Limited Liability Company Law. No tax clearance is necessary for this filing. Forms can be obtained from the NY Department of State website: http://www.dos.ny.gov/corps/llccorp.html#dissolve
Posted @ Tuesday, September 18, 2012 10:21 AM by Jill Corbett
How do I report a change of business addess?
Posted @ Wednesday, October 10, 2012 10:43 AM by Jane Johnson
Jane, in New York, a corporation can change the principal place of business address by filing an amendment to the biennial report. This amendment needs to be filed on paper and the form can be requested by contacting the New York Department of State by fax at (518) 486-4680 or by e-mail: corporations@dos.ny.gov. Your request must include the exact business name and its date of formation or authorization.
Posted @ Wednesday, October 10, 2012 1:18 PM by Jill Corbett
Our corporation was dissolved 12/31/11 and our new LLC was started 1/1/12 but we received a biennial statement for the dissolved corp. How do we notify the state of this change
Posted @ Wednesday, November 07, 2012 9:13 AM by Nancy
It is the New York Department of State’s policy not to send biennial statements to dissolved companies, so it seems strange that you got the statement for the LLC that was dissolved on 12/31/11. The only possible explanation we can think of is if the statement was due in January of 2011 and the state mailed it in December, before the LLC was dissolved. If you provide us with the details (names of new and dissolved LLCs and the date of the biennial statement you got) by e-mail to info@nationalcorp.com, we’d be happy to check with the state on this for you.
Posted @ Thursday, November 08, 2012 8:52 AM by Jill Corbett
I am trying to file 2 biennial statements online: 
AD RAGAN LLC 3121273 
JD RAGAN LLC 3121246 
AND PAY THE $9 FOR EACH. I AM DIRECTED TO AN UNAUTHORIZED SITE, WHICH MAY BE A FRAUD. 
LITTLE HELP HERE, PLEASE.
Posted @ Friday, November 16, 2012 1:46 PM by John D Ragan
@John,  
 
The link to file had moved since we originally made this post. You can file online here: https://appext9.dos.ny.gov/corp_ebiennial_public/corp_app.e_biennial.main_page. 
Posted @ Monday, November 19, 2012 10:28 AM by Jill Corbett
I am trying to file the biennials online, but I don't have the DOS ID number for the Coop that we manage. Is there anyway I can get this DOS ID numbers by searching your website???  
I have been trying several times, with no luck. 
 
Thank you in advance, 
Posted @ Monday, July 07, 2014 11:33 AM by Nadia
@Nadia,  
 
You can retrieve the Department of State (DOS) Identification Number by contacting the state directly (ebiennial@dos.ny.gov or 518-473-2492) or searching on the New York website - 
http://appext20.dos.ny.gov/corp_public/corpsearch.entity_search_entry. 
Posted @ Tuesday, July 08, 2014 9:32 AM by Jill Corbett
I've tried at least 3 times to file the Biennial Stmt atwww.ebiennial.dos.ny.gov - but my system keeps telling me that the Internet Explorer cannot display the web page. What should I do? Elizabeth
Posted @ Thursday, July 10, 2014 2:56 PM by Elizabeth
@Elizabeth,  
I suggest you call the state directly for further information. There are various reasons why you may not be able to file the report including having the wrong ID number, missing punctuation in the business name, etc. The state website is up and running correctly so there may something specific to this entity regarding why you cannot file online. Here is the phone info for the NY Dept of State: (518) 473-2492 Hours: 8:30am - 4:30pm (Eastern Time) 
 
Note that the line closes for lunch from 12-1pm.
Posted @ Monday, July 14, 2014 11:46 AM by Clare Oliva
I received a query from our Mortgage Bank re an LLC which, for the last several years, has been sending Notices to file that ebiennial statement to our prior address. Accordingly, the record shows the LLC as "Overdue" . Now, altho I've found the LLC DOS registration number, the system won't allow me to file the ebiennial statement. We need to file this week for our Mortgage refinance... How can I expedite this filing?
Posted @ Wednesday, July 16, 2014 9:41 AM by Rosalie Schwartz
@Rosalie, 
 
New York does not allow e-filing of biennial reports when there are past due reports. In this case, the report must be filed on paper. That’s why you are unable to file online. We have an office in Albany, NY, and can assist you with expediting the paper filing. For assistance with this, contact our Albany office by calling (800) 828-0938. If you prefer to handle this yourself, you can contact the New York Department of State by calling (518) 473-2492 Hours: 8:30am - 4:30pm Eastern Time. 
Posted @ Wednesday, July 16, 2014 1:02 PM by Jill Corbett
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