Why Form a Corporation in New York?

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Registered Agent Services — What You Need for Your New York Corporation

The New York Department of State requires every NY corporation to have a Registered Agent. Once you have assigned a New York Registered Agent, they can receive official correspondence and documents on behalf of your NY business. Registered Agents can be individuals or other specialized Registered Agent service businesses.

  • If you choose a person as a Registered Agent, he or she must reside in New York

  • If you choose a business as a Registered Agent, they must be able to conduct business in New York

  • Your Registered Agent must have a physical street address (not a P.O. Box)

  • They must be available in person to sign for any delivered correspondence during normal business hours

Incorporate your S Corporation or C Corporation through us to get your first year of Registered Agent services for free.

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Services Provided by a New York Registered Agent to Your Corporation

Your New York Registered Agent carries out several valuable services for your corporation. They accept official communications and documents from the NY Department of State on your behalf. This may include:

  • Correspondence from the New York Department of State, like a notice to file reports and other forms

  • Service of process documents (for example, if your New York corporation has legal proceedings issued against it)

  • Official New York and federal government documents, form filings and requests for information (including taxes, permits and company filings)

Acting as Your Own Registered Agent for Your NY Corporation

You can choose to act as your own NY Registered Agent for your New York S Corp or C Corp.

  • The Registered Agent must have a physical street address in New York. Some people establish corporations outside of New York and will need to use a Registered Agent service to provide the address.

  • You always need to have someone on hand at your corporation to receive important documents for your business during business hours (typically 9 a.m. to 5 p.m. Monday to Friday).

  • The Registered Agent’s name and NY address are part of the public record and available through the New York Department of State website. If you would prefer your name and address aren’t published, you might choose a Registered Agent service.

  • If you change your New York business address or move out of state, you won’t need to file additional documentation with the department of state for the new address of your Registered Agent if using a service. You will need to set up a new Registered Agent service in the new state.

There are more considerations, but this should help you with your decision to use a Registered Agent service.

Possible Outcomes of Not Assigning a Registered Agent for Your New York Corporation

What are the issues with not having a NY Registered Agent or not providing that information to the New York Department of State?

  • Getting served or sued and not finding out about it: If your New York corporation is sued and you don’t know about it, you could lose to a default judgment in your absence.

  • Falling out of good standing with the New York Department of State: If you don’t respond to certain correspondence (like the request for your Annual Report), certain states may revoke your right to do business.

  • Losing your status as a New York corporation: A NY Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your New York corporation may be dissolved.

A Complete New York Corporation Registered Agent Service From Incfile

If you have an S Corporation or C Corporation that’s incorporated in New York and you need a NY Registered Agent, we can help. Incfile provides a complete Registered Agent service for any New York corporation. If you form your business through Incfile, we’ll act as your Registered Agent free for your first year (normally a $119 annual cost).

We are authorized to conduct business in New York and can legally act as your Registered Agent for your NY corporation.

Here’s what you need to know about Incfile’s NY Registered Agent service for corporations:

  • The Registered Agent will always be available to accept documents and letters on your behalf

  • We automatically notify you whenever we receive correspondence for your business from the New York Department of State or anyone else

  • We scan your correspondence and upload it to a dashboard, so you can review it when convenient

  • We forward all correspondence to an address you choose

Order Incfile’s New York Registered Agent service.

Form your C Corporation or S Corporation with us today to get your first year of Registered Agent service for free, including easy access to our comprehensive online dashboard.

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Useful Resources for New York Registered Agent Services

You might find these resources helpful:

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What are the fees and requirements to form a business in New York?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$130 5 Business Days 1 Business Day

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Annual Report

Frequency: Biennially

Due Date: During anniversary month of organization.

Filing Fee: $9

Important: Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.

(We do not assist in the filing of the Publication Requirement)

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