An NY Registered Agent provides various services, such as accepting formal documents and correspondence from the Secretary of State (NY SOS).
Your LLC must have a New York Registered Agent at all times. You'll appoint a Registered Agent when you first start your business. You'll also be able to replace your agent at a later date, provided there's no gap in service between the old and new agents.
The address for your NY Registered Agent does not need to be the same as your business address. In fact, you can use a New York virtual mailbox for your business address.
Important: A virtual mailbox is not a replacement for a Registered Agent. They perform two separate functions, and per state law, you must have a Registered Agent.
What a New York Registered Agent Does
A Registered Agent’s primary function is to accept official correspondence and documentation.
- Service of process notices (e.g., if your LLC is sued or required to appear in court)
- State and federal government correspondence and notices
- Tax forms and requests to complete permits, company filings and reports
- Correspondence from the NY SOS
Having a Registered Agent also proves to the state that your business exists.
Incfile Provides Free New York Registered Agent Service for the First Year
Incfile provides complete New York Registered Agent service for any LLC formed in the state. Even better, if you form your LLC through Incfile, your Registered Agent is completely free for the first year and only $119 a year after that.
Incfile is authorized to conduct business in New York and able to legally act as your Registered Agent. Here’s what our New York Registered Agent service includes:
Appointing a New York Registered Agent
When you're forming an NY LLC, you must appoint a Registered Agent at that time. You can change the agent at any time after that. Here’s how.
Assign a Registered Agent When You Form Your LLC
Your business needs to have a Registered Agent as soon as it’s formed. You can do this two ways:
When you create your business, you must include your Registered Agent's information in your Articles of Organization.
If you form your business through us, you’ll get our Registered Agent service free for one year. We’ll use the information you provide to complete and file your Articles of Organization for you.
Assign a New Registered Agent After Formation
You can also assign someone else as your NY Registered Agent after you’ve started your LLC. There are a couple of ways to do this.
Once you’ve chosen a new Registered Agent, you can complete the LLC Certificate of Change form available on the NY SOS website. Once you’ve filled it out, send it to the Department of State with a payment of $30 so they can update your records.
When you use our Registered Agent service, we take care of all the form filling and filing for you. We’ll collect the pertinent information about your business, complete the form and send it to the NY SOS on your behalf. We’ll notify you when we officially become your Registered Agent.
New York Registered Agent Search
In some situations, you may need to know the name of the Registered Agent that represents another NY LLC. You can perform a New York Registered Agent search in the state's business database.
If you can’t find the Registered Agent information there, you can request it directly from the Secretary of State.
What Happens If You Don’t Have a Registered Agent?
- The Registered Agent must have a physical street address in New York. If you’re forming an LLC outside the state, you’ll need to use an in-state Registered Agent.
- Someone must always be available during business hours at the New York address to sign for important documents.
- The Registered Agent’s name and address are part of the public record and available through the NY SOS website. If you prefer to keep your name and address private, you should use a Registered Agent service.
- If you change your business address or move out of state, you need to file additional documentation with the Secretary of State for the new address. This won't be necessary if you use a Registered Agent service, making a move or address change much simpler.