What §1108 says happens after a missed filing
The statute uses several different statuses and remedies. They should be quoted separately because none is a promise about what a specific LLC will face.
What the official record says
Section 1108(a) provides the past-due status, the discretionary daily maximum, and a cure path involving the current statement, a $250 payment, and verification that assessed penalties are paid. Subdivision (b) uses “delinquent” after more than two years. Subdivision (g) says a reporting or exempt company that fails to file its initial disclosure or attestation is deemed suspended after the required notice, cannot conduct business in New York while suspended, and is restored retroactively when the filing is made.
What to check on the document
Read the DOS status and any actual notice rather than inferring that a maximum amount has already been assessed. Keep the missed filing type and dates clear.
- Identify whether the missing item is an initial disclosure, exemption attestation, or annual statement.
- Record the statutory due date and the date shown on any DOS or Attorney General communication.
- Separate the $250 statutory cure payment from any daily penalty actually assessed by the Attorney General.
How to use the result
A plain timeline can help counsel or the owner see the missing item and statutory language. It cannot determine whether a discretionary fine will be assessed or resolve a disputed exemption. If the LLC has received a notice, use the notice and state portal instructions as the operational record and take uncertain legal consequences to New York counsel.
The worksheet maps the facts you provide to the words of LLC Law §1107 and marks any grey box for counsel. It does not decide a hard legal question. The filing belongs in the Department of State portal under the LLC owner’s control, with sensitive owner fields completed there rather than sent to us.
Operated by Reality Contact, LLC. Reality Contact, LLC is not a law firm and this is not legal advice. We do not file with DOS; you file. We collect no ID numbers, dates of birth, or home addresses.