Why Form a Limited Liability Company (LLC)?

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Your New York LLC and Registered Agents

Your New York State LLC must have a “Registered Agent.” They’re chosen by you and can accept legal notices and other correspondence for your New York State Limited Liability Company on your behalf. You can act as your own registered agent if you live in New York.

Note that In New York, the secretary of state acts as your registered agent by default. Once your LLC is formed, you should change your registered agent. There are a couple of rules on choosing registered agents:

  • If you choose a person, they must reside in New York State
  • If you choose a business, they must be able to conduct business in New York State

Here at Incfile we provide comprehensive registered agent services and it’s free for the first year when you incorporate through us.

Our registered agent service includes a dashboard where you can review documents received, automatic notification of correspondence and free forwarding of all documentation.

New York State Registered Agents and What They Might Deal With

A registered agent in New York State may receive the following on behalf of your LLC:

  • Correspondence from the secretary of state
  • Service of process notices, e.g. if your New York State LLC is sued or required to appear in court
  • Official New York State and federal government correspondence and notifications
  • Tax forms and requests to complete permits, company filings and reports

If your business doesn’t have a street address in New York State but conducts business there, you will still need an agent to accept important documents. The name and address of your registered agent should be provided to the secretary of state of New York.

A registered agent is also known as a “Corporate Agent,” "Resident Agent," “Agent for Service of Process” or "Statutory Agent."

Being Your Own Registered Agent for Your New York State LLC

If you live in New York State, you might choose to be the registered agent for your LLC yourself. Be aware that there are some drawbacks:

  • You must always be available to receive important documents for your business. If you’re not always on hand, consider using a third-party registered agent service like Incfile.
  • The registered agent’s name and address is part of the public record and available through the New York State Secretary of State's website. If you would prefer your details are kept confidential, you might choose a registered agent service.
  • If you change your New York State business address or move out of state, you don’t need to file additional documentation with the secretary of state for the new address of your registered agent.

If You Don’t Have a Registered Agent for Your New York State LLC

Failing to have a registered agent in New York State can cause you significant business issues including:

  • Not knowing you’ve been served, you’re getting sued or you are having legal actions taken against your business — if your business is litigated against and you don’t know about it, you could lose to a default judgement in your absence.
  • Failing to meet filing deadlines — New York State LLCs need to file certain documents with the secretary of state. If you are not able to do this you could face fines and penalties.
  • Losing your status as a New York State LLC — A registered agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your New York State LLC may be dissolved.

Incfile Will Provide a Registered Agent for New York State on Behalf of Your LLC

Here at Incfile, we have an expert registered agent service. We provide the first year of this service completely for free if you choose to form your LLC with us. After the first year, it’s only $119 for subsequent years — a small price for your peace of mind. Here’s what our service provides:

  • An always available registered agent service that can receive correspondence, documents, and legal proceedings on your behalf
  • A digital dashboard where you can access, store, and retrieve any information we’ve received for your business
  • Email notification whenever we receive documents for your business
  • Automatic forwarding of all correspondence, documentation, and information directly to you

Only $49 + State Fee To Launch Your Business

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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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