If you will be organizing a business, or conducting business, in New York, you need to know about designating a registered agent. New York requires a registered agent for every corporation, limited liability company (LLC), limited liability partnership (LLP), or limited partnership that is either organized in New York or does business in the state.
Registered agents are required for businesses in most states, but the process for assigning a registered agent in New York differs slightly. Here’s what to know about registered agents and their specific requirements in the state of New York.
What is a registered agent and what do they do?
A "registered agent" ( also called an agent for service of process) is designated by a business for the purpose of receiving official legal notices, such as lawsuit documents, subpoenas, wage garnishments, and other official legal papers. In New York, a registered agent would be expected to complete the following duties:
- Maintain a street address in New York (not a P.O. box or a private mailbox or mail service)
- Be available during regular business hours to receive service of process for the business
- Receive other official papers on behalf of the business that are mailed or delivered, such as notices of license renewals
- Promptly forward any legal notices received to the business owner
Some business owners will act as their own registered agent, but many choose to hire a New York registered agent. Professional registered agents sometimes offer additional services, which may include:
- Preparing and filing business formation documents
- Sending time-sensitive mail alerts, such as reminders when annual reports or license renewals are due
- Scanning and keeping documents
- Forwarding mail
- Maintaining virtual inboxes and filtering junk mail
What are the legal requirements to be a New York registered agent?
A New York registered agent must be an individual person who is a New York resident, or a business entity that is registered and authorized to conduct business in New York. The agent must maintain a New York street address and be available during regular business hours to receive important notices for the business.
Why should you hire a registered agent?
Your company's RA can be you, a co-owner, an employee, or any other individual or entity that meets the requirements. But there can be many benefits to hiring a professional registered agent or registered agent service for your business:
- Privacy. Your registered agent's address will be a part of public record, so using a professional agent or service means you don’t have to give out your own address or the address of one of your employees. It also creates more separation between your personal and business lives.
- Legal compliance. Using a professional registered agent service can provide you with peace of mind since you won’t have to worry about missing essential notices or deadlines.
- Ease of use. Registered agents need to be available at their registered address during normal business hours every day, which can limit your ability to move freely during the week and may keep you from performing other vital business functions. If you have business locations in multiple states, using a registered agent service could save you the hassle of having to assign individual agents with addresses in each state.
LegalZoom’s registered agent service can help keep your business compliant while giving you the freedom and flexibility to focus on other tasks. We’ll send you timely alerts when we receive important notices that need your attention, and scan, upload, and store important documents in our secure cloud for you to access from anywhere.
How to assign a registered agent in New York
In most states, you designate a registered agent when you register your business with the state. However, in New York, the Department of State is the default agent for all registered businesses.
If you’d like to use your own registered agent or hire a service, you have the option to assign one by following the steps below.
Option 1: Assign an agent on your initial registration
Forming a corporation, limited partnership, LLC, or LLP in New York requires filing some type of document with the New York Department of State, Division of Corporations. Depending on which type of business entity you’re forming, this may be a certificate of incorporation, articles of organization, certificate of limited partnership, or certificate of registration. Registering a foreign entity in New York requires filing a notice of registration (for an LLP), or an application for authority (for all other foreign entities).
You can assign a registered agent on your business formation document. If you do not assign one, the New York Department of State will be your business entity's agent for service of process and you will need to provide an address where the Department of State will forward any legal papers it receives (which can be a P.O. box or an out-of-state address).
Option 2: File a certificate of change
If the Department of State is your registered agent or you’d like to change your current registered agent, you have the option to change it at any time. You can select a qualified individual to be your registered agent, but remember that using a professional New York registered agent or registered agent service can have its benefits.
Once you’ve identified your desired registered agent, you can file a certificate of change with the New York Department of State’s office. You will need to provide basic information about your new registered agent or registered agent service and pay a $30 filing fee.
To file a certificate of change, mail the completed document and payment to:
- New York Department of State
- Division of Corporations
- One Commerce Plaza, 99 Washington Ave.
- Albany, NY 12231
Option 3: Work with LegalZoom
If you decide to hire LegalZoom as your registered agent service, we’ll take care of the certificate of change paperwork for you—and cover the filing fee. Plus, you’ll get reminders about important compliance deadlines and unlimited cloud storage for your business documents and important mail.
FAQs
Can you change registered agents?
You can change a registered agent anytime by filling out a certificate of change with the New York Department of State and paying the $30 change fee. You’ll also need to file this certificate if your registered agent has a change of address at any point.
Can I be my own registered agent in New York?
You can be your own registered agent in New York, or even appoint your spouse or an employee to act as the agent. This route can save money, but remember that it can be a hassle to keep track of legal notices and deadlines yourself. Your registered agent will also have to commit to being available at a set location during regular business hours since the registered agent must be present to receive important documents. Hiring a professional New York registered agent service could be well worth the money in terms of time savings and peace of mind.
Should you hire a registered agent before forming an LLC?
When you’re forming an LLC in New York, you’ll need to hire a registered agent before you can file your articles of organization with the Department of State, unless you plan to provide a mail forwarding address to the Department of State instead of appointing a registered agent.
How much does a registered agent cost?
New York registered agent costs will vary depending on who you appoint. If you use the Department of State or designate yourself as the agent, you won’t need to pay anything. But if you hire a professional New York registered agent or service, you could expect to pay anywhere from $50 to $500 a year.
LegalZoom’s registered agent service costs $249 per year and includes unlimited cloud storage for safeguarding all your important legal documents. Plus, LegalZoom will cover any state fees related to switching your registered agent.
Edward A. Haman, Esq. contributed to this article.
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