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NEW YORK

Why Form a Limited Liability Company (LLC)?


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New York Registered Agents for Your LLC

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.

Rules for New York Registered Agents

There are certain rules that you must follow when you’re appointing a New York Registered Agent service for your business. They are:

  • If the Registered Agent is a person, they must reside in New York
  • If the Registered Agent is a business, they must be able to conduct business in New York
  • The Registered Agent must have a physical street address in New York, not a P.O. Box
  • The NY Registered Agent must be available in person during normal business hours to sign for any correspondence

Note that the NY Registered Agent address does not need to be the same as your New York LLC business address.

Services Provided by a New York Registered Agent

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:

  • 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 LLC 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)

Incfile Provides a Free New York Registered Agent Service for the First Year

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:

  • 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

Your Options for Appointing a New York Registered Agent

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.

Appoint a NY Registered Agent Service When You Create Your New York LLC

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.

File Articles of Organization with the New York Department of State

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.

Incorporate Through Incfile and Get a Free New York Registered Agent

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.

Incorporate your business through Incfile

Change Your New York Registered Agent After Your LLC Is Formed

You can also change your NY Registered Agent service after you’ve formed your LLC. There are a couple of ways to do this.

Choose a Registered Agent Service and File a Certificate of Change With the New York Department of State

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.

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

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.

Order Incfile’s New York Registered Agent service

NY Registered Agent Search

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.

The Problems Caused When You Don’t Appoint a New York Registered Agent Service

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:

  • Getting served or sued and not finding out about it: If your LLC 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 LLC: 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 LLC may be dissolved.

You Can Appoint Yourself as Your Own New York Registered Agent

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:

  • The NY Registered Agent must have a physical street address in New York. If you’re forming an LLC outside NY, you will need to use an in-state Registered Agent.
  • You always need to have someone on hand during business hours at the New York address to sign for important documents.
  • The NY Registered Agent’s name and address are part of the public record and available through the New York Department of State's 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 would need to file additional documentation with the NY Department of State for the new address if you act as your own Registered Agent. This would not be the case if you use a Registered Agent service, making a move or address change much simpler.

FAQs About New York Registered Agents

Do I Need to Appoint a New York Registered Agent?

Yes. All NY LLCs are required to have a Registered Agent. This is mandated by the New York Department of State.

When Can I Assign a New York Registered Agent Service?

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.

Can I Be My Own Registered Agent in New York?

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.

Does My NY Registered Agent Need to Have an Address in New York?

Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.

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
$205 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)

Learn more about starting a business in New York

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