🇺🇸 United States · New York

New York corporate records guide

New York is distinctive in requiring only a biennial filing (every two years) for corporate registry purposes. The 6-month/5% inspection threshold under BCL § 624 is also unusual. New York is common for financial-sector corporations and businesses operating primarily in NY.

Quick facts
New York Business Corporation Law (BCL)
RegistryNew York Department of State
Records locationAny place, by or on behalf of the corporation
Director residencyNone required
Biennial cycleOnly US state with biennial (not annual) filing
Biennial Statement$9 by mail, every 2 years on anniversary month

Topic guides for New York

Four jurisdiction-specific guides covering the records you must keep and the filings you must make under NY BCL:

New York's biennial cycle

New York is the only major US state with a biennial (every two years) corporate-registry filing cycle. The Biennial Statement under BCL § 408 is filed during the corporation's anniversary month every two years from incorporation. The filing is short, under one page, and costs $9 by mail.

The biennial cycle reduces administrative burden but means the public record becomes stale faster. A Delaware corporation's directors list is updated yearly; a New York corporation's may be 18-24 months out of date at any given moment.

The 6-month / 5% threshold

New York's distinctive inspection threshold under BCL § 624(b) limits the right of inspection to shareholders who have either held shares for at least six months OR hold at least 5% of any outstanding class. This filters out very-short-term holders or holders of nominal positions from making inspection demands.

The threshold can be defeated by coalition: a group of shareholders collectively holding 5%+ may aggregate their holdings for an inspection demand. Texas (TBOC § 21.218) uses a similar 6-month/5% threshold but adds a proper-purpose requirement.

In Octelligence
New York corporations, biennial-cycle-aware.

Octelligence tracks New York's biennial filing cycle separately from the corporation's annual tax cycle, so the Biennial Statement doesn't drift even when the tax is filed on time. The 6-month/5% inspection threshold is reflected in the access rules for the stock ledger.

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