If your LLC was formed outside the United States and was authorized to do business in New York before January 1, 2026, New York requires a beneficial ownership disclosure or an attestation of exemption by December 31, 2026. The filing fee is $25. An LLC formed in a U.S. state, including New York, is not covered by this requirement. Department of State page · Department of State FAQ
At a glance
| Who | LLCs formed under the law of a foreign country and authorized to do business in New York, unless exempt |
|---|---|
| Deadline, authorized before January 1, 2026 | December 31, 2026 |
| Deadline, authorized from January 1, 2026 | Within 30 days of filing the application for authority |
| Fee | $25 per statement or attestation |
| Repeat | Annually |
| How to file | By email to dosCorpBOI@dos.ny.gov (not mail or fax) |
Does New York's LLC Transparency Act apply to my LLC?
It applies to a limited liability company formed under the law of a foreign country and authorized to do business in New York, if the company is not exempt. Exempt companies still file an attestation of exemption, and a statement if the basis for the exemption ends. A company formed in Wyoming, Delaware or New York itself is outside this description. The federal side is separate: see our note on FinCEN's final BOI rule.
When is the New York filing deadline?
- Authorized in New York before January 1, 2026: file by December 31, 2026.
- Authorized on or after January 1, 2026: file within 30 days of filing the application for authority.
After the first filing, the statement or attestation is filed annually.
What information does New York ask for?
For each non-exempt beneficial owner: full legal name, date of birth, current home or business street address, and a unique ID number from an unexpired passport, state driver's license or government ID.
A beneficial owner is an individual who owns 25% or more of the LLC or exercises substantial control (a managing member, a senior officer, someone who appoints or removes officers or members, or an important decision-maker). Entities are not beneficial owners; you report the individuals behind them. U.S. persons do not have to be included.
What happens if a foreign LLC does not file?
- After 30 days late, the company shows as "past due" in the public business records.
- After more than two years, it shows as "delinquent."
- The Attorney General may assess a fine of up to $500 for each day past due or delinquent.
- A company that does not file within 30 days of the Department's notice becomes "suspended" and cannot do business in New York until it files, pays the fees and a $250 fine, and satisfies any Attorney General fines.
How do I file, and what does it cost?
Submit the completed form together with the credit card authorization form for the $25 fee by email to dosCorpBOI@dos.ny.gov. Do not use mail or fax. The Department emails the receipt or a rejection notice to the filer. The same $25 applies to an attestation of exemption. The filing instructions and the list of exemptions are on the Department's site.
Does this change anything for U.S.-formed LLCs or for the federal BOI report?
No change for U.S.-formed LLCs under this law.
Our reading: because New York's requirement and FinCEN's report both turn on whether the LLC was formed outside the United States, a foreign-formed LLC registered in New York may have to deal with both, but the two filings go to different agencies and have different deadlines. To confirm for your company, check with the Department of State (dosCorpBOI@dos.ny.gov) or a New York attorney.
Where to go next
For New York's formation fee and ongoing costs, see the New York LLC guide. To compare states, use the 50-state and DC LLC cost table. Forming from outside the U.S.? The non-resident guide covers the steps.
Frequently Asked Questions
Is a New York LLC required to file under the Transparency Act?
No. The requirement covers LLCs formed under foreign law and authorized to do business in New York.
What is the deadline for an existing foreign LLC?
December 31, 2026, if it was authorized in New York before January 1, 2026.
How much does New York charge?
$25 for each beneficial ownership statement or attestation of exemption.
Do exempt companies still file?
Yes. An exempt company files an attestation of exemption, initially and annually.
Can I file by mail?
No. The Department of State says not to use mail or fax. It accepts submissions by email at dosCorpBOI@dos.ny.gov.
This dated update is general information, not legal or tax advice. Check the Department of State's current instructions before you file.