Every business entity formed in New York needs to formally appoint a person or business to act as a Registered Agent. Your New York Registered Agent provides various services to NY LLCs, including the acceptance of formal documents and correspondence from the New York Department of State.
Your LLC must have a New York Registered Agent at all times. You can appoint a Registered Agent when you first start your business. You can also replace your existing NY Registered Agent at a later date, as long as there is a smooth transition between the old and new Registered Agent service.
There are certain rules that you must follow when you’re appointing a New York Registered Agent service for your business. They are:
Note that the NY Registered Agent address does not need to be the same as your New York LLC business address.
Your New York Registered Agent carries out several valuable services for your business. They accept official communications and documents from the NY Department of State on your behalf. This may include:
Incfile provides a complete New York Registered Agent service for any LLC that’s incorporated in NY. Even better, if you choose to incorporate your New York business 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 can legally act as your Registered Agent. Here’s what you need to know about Incfile’s NY Registered Agent service:
You can appoint a Registered Agent when you first incorporate your New York LLC or at any point after that. Here’s how to go about it.
Your business needs to have a New York Registered Agent Service as soon as it’s formed. You can achieve this through one of the following methods.
You will need to include details of your Registered Agent in your Articles of Organization. This is the form that you file with the NY Department of State to formally create your business.
When you incorporate through us, we complete and file your Articles of Organization based on the information you’ve provided. Additionally, we give you a free New York Registered Agent service for the first year, and we’ll include details of your NY Registered Agent in the form that we file.
You can also change your NY Registered Agent service after you’ve formed your LLC. There are a couple of ways to do this.
Once you’ve chosen a new New York Registered Agent, you can complete a Certificate of Change that’s available on the NY Department of State website. Once you’ve filled it out, send it to the Department of State so they can update your records. The New York DOS may charge a fee to assign or change a Registered Agent.
When you choose to use our NY Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the Certificate of Change on your behalf and send it to the New York Department of State. We’ll let you know once we officially become your Registered Agent.
In some situations, you might want to know the name of the Registered Agent that represents another New York LLC. If you do, you can search the business database of the New York Department of State, as this will often provide details of a specific business’s Registered Agent.
If the NY Registered Agent isn’t available from the searchable business registry, contact the New York Department of State to request the information.
What happens if you choose not to assign or provide details of a Registered Agent to the New York Department of State? There are several possible ramifications, including:
If you have an address in New York, you can choose to be the Registered Agent for your LLC. We don’t recommend this approach as there can be some drawbacks:
Yes. All NY LLCs are required to have a Registered Agent. This is mandated by the New York Department of State.
You can either do it when you incorporate your New York business through paperwork filed with the NY Department of State, or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.
Yes, but we don’t recommend it, for the reasons listed above. If you still want to be your own Registered Agent, you need to fill in the correct forms and pay a fee to the New York Department of State.
Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.
You might find these resources helpful:
|State Fee||State Filing Time||Expedited Filing Time|
|$205||5 Business Days||1 Business Day|
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.
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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