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.

New York Registered Agent Requirements

  • Every LLC, whether foreign or domestic, must have a Registered Agent with a registered office within the State of New York at all times.
  • The Registered Agent must be available in person to sign for any correspondence during regular business hours.
  • If the Registered Agent is a person, they must live in New York.
  • If the Registered Agent is a company, they must be authorized to conduct business in New York.
  • The Registered Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (corporation, LLC, LP or LLP) or a natural person.
  • The Registered Office must be located in the State of New York at a street address (a P.O. Box is not acceptable).

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.

This includes:

  • 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:

An always-available New York Registered Agent who can receive correspondence, documents and legal proceedings on your LLC's behalf

Automatic forwarding of all legal correspondence, documentation and information directly to you

Email notification whenever we receive documents for your business

A digital dashboard where you can access, store and retrieve any information we’ve received for your business

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:

1
File Articles of Organization with the NYS Department of Corporations

When you create your business, you must include your Registered Agent's information in your Articles of Organization.

2
Form Through Incfile and Get a Free New York Agent

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.

1
Choose a New Registered Agent Service and File an Annual Registration or Amended Annual Registration with the NY SOS

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.

2
Sign Up for Incfile’s Registered Agent Service and We’ll File the Change on Your Behalf

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?

If you don’t assign or provide a Registered Agent's information to the Secretary of State, you may be subject to certain ramifications, including but not limited to:

  • Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your LLC is sued and you don’t respond.
  • Falling out of good standing with the NY SOS. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
  • Losing your status as an LLC in the state. A Registered Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.

Acting as Your Own Registered Agent

You can be the Registered Agent for your New York LLC if you have a business office in the state. There can be some drawbacks to this approach:

  • 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.

Other Useful Resources

FAQs About New York Registered Agents

Do I Need to Appoint a New York Registered Agent?

Yes. All business entities are required to have a Registered Agent. This is mandated by the NY SOS. You'll find more information above.

When Do I Need to Assign a New York Registered Agent?

You must assign a Registered Agent when you form your business with the NY SOS. You can change your agent afterward by filing the correct paperwork. If you form your business through Incfile, we'll file all necessary forms on your behalf. Find more details above.

Can I Be My Own Registered Agent in New York?

Yes, but we don’t recommend it for the reasons listed above

Does the Registered Agent for My New York-Based LLC Need to Have an Address in New York?

Yes. And if you use a company as your Registered Agent, that company must be legally able to conduct business in the state. You'll find more information above.

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