How to Change Registered Agent in New York – A Complete Guide


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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Change registered agent in New York

Change Registered Agent in New York: A registered agent in New York is a point of contact between your LLC and the state. You must appoint a Registered Agent when you form an LLC in New York. At any point in time, you might need to replace/change your Resident Agent in New York. When it comes to changing the registered agent in New York, it is a straightforward method. To change your Resident Agent in New York, one has to submit the statement of change of the Resident Agent. It can be filed online or by mail.

In this article, you will learn how to change registered agent in New York. Also, you will get to learn when and why you have to change your Resident Agent, appointed for your New York LLC.

What is Resident Agent in New York

The New York Resident Agent, appointed by the limited liability company, is a person who receives all the legal documents on your company’s behalf. To become a registered agent in New York, one must meet the following requirements,

  1. The person must be or above 18 years old
  2. The person has to be a permanent resident of New York
  3. The person should have a legal permit to conduct business in New York
  4. The person must be available during business hours at the designated office address in New York

You can also be your own registered agent in New York. However, it is not wise to be your own agent as it can divert your attention from the core of your business.

How to Change a Registered Agent in New York

To change the Resident Agent in New York, one has to file the statement of change of the registered agent. You must pay the filing fee of $30 to complete your application. To file for the Statement of Change of Registered Agent and Registered Office Address with the New York Secretary of State, you can opt for any of the following methods:

Online Filing

To file the statement of change of registered agent in New York online, you must search for the appropriate online form. You can file your change of Resident Agent statement online if the online form is available through the Secretary of State. Follow the below-given instructions:

  • Visit the New York Secretary of State’s official website
  • Log in to the portal using your credentials.
  • You will find the ‘Update’ option in your dashboard if the online update option is available.
  • Click on the ‘update’ option to find the ‘registration’ option.
  • You will get an online form (or in PDF format)
  • Fill out the form (or download it on your PC, then fill it out) with the old and new registered agent’s details.
  • Submit (or upload) the completed form to the portal.
  • In the next section, you will get payment details (if applicable) and pay the fees using a credit card.

Your online updation is done! It takes some time to update the details on the portal. Once it is updated, your new registered agent can start conducting business on your behalf.

Filing Through Mail or In-person

If you want to file the statement of change of registered agent via mail or in person (if available), then you should follow the rules. For in-person or mail filings, you need to download the New York Certificate of Change (PDF) from the official website of the New York Secretary of State. Complete the form by filling in all the information about the LLC and both (new and existing) registered agents. The form has to be signed by the new registered agent. This will provide the consent of the new agent. Once completed, submit it to the below-mentioned address:

Important LinksSubmit Offline Form
Not Available – Online
New York Certificate of Change – PDF
New York Registered Agent – Requirement		Department of State Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231

Fee: The filing fee charged for changing the New York registered agent is $30. This fee will be paid to the New York Secretary of State by check or credit card.

If you hire a Registered Agent service, filing the Statement of Change would be much easier. Also, the registered agent will help you with the consent letter the new registered agent has to sign. LLCBuddy editorial team suggests a list of the best LLC services that offer registered agent services. Some of them offer standalone registered agent services.

Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –

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 LegalZoom Registered Agent – $299 Per Year

Registered Agent Consent Letter in New York

The registered Agent’s Consent letter is a document that a new registered agent must submit along with the formation document. It is a statement that the agent submits upon agreeing to work with the LLC. When you change the Resident Agent, you must also submit the consent letter signed by the new agent. In many states, submitting the Change of Registered Agent form does the job; sending any additional consent document to the SOS is unnecessary. However, there are many states where you must submit the consent letter separately and pay a certain fee (if applicable). This consent must include the following details-

  • LLC name
  • A letter that says the person gives consent to serve the LLC as a registered agent
  • The execution date
  • Name of the registered agent
  • Signature of the registered agent

In New York, there is no separate Consent Letter to be produced to the Secretary of State. You must get the Statement of Change of Registered Agent form, fill it out, and submit it to the SOS. The agent must sign the form or self-attest. It is proof that the new Resident Agent has given the nod to provide their services to the LLC. An additional filing fee (or expedited fee) might be charged. Check New York Secretary of State for fee details.

Why Do You Need to Change a Registered Agent in New York

There can be several reasons why LLCs want to change their registered agent in New York. Some of the main and most important reasons are listed below,

Be Your Own Registered Agent

A very common reason is that if anyone wants to be his/her own registered agent. Any LLC owner can be the registered agent himself/herself as per the New York Secretary of State. So, you may want to change the registered agent and become one yourself for your LLC. In that case, you must submit the change form with your details.

Want to Hire a Professional Registered Agent

You may have designated yourself or someone from the family as the registered agent for your LLC in the initial phase. But with expansion in business, your roles and responsibilities also expand. You may not be present at the office during working hours. And a registered agent is required to be available in the office. So, you must hire a registered agent who could replace you.

Existing Registered Agent Resigns

If your current registered agent resigns or your service provider is out of business, you can change your Registered Agent in New York. You must change the registered agent if the existing one resigns or is out of service.

Forming foreign LLC

This is to be noted that a person is eligible to be a New York Resident Agent only if they are the New York resident. So, if you are forming a foreign LLC in New York, you might need to change your registered agent because not all registered agents are eligible to work in different states. 

FAQs

Why would someone need to change a registered agent in New York?
There are many reasons why someone would need to change their registered agent in New York. They might not be satisfied with the current agent’s services, or the agent might have moved out of state.
How do I change my registered agent in New York?
To change your registered agent in New York, you must submit a completed Change of Registered Agent/Office form to the New York Department of State.
Who can be the registered agent in New York?
The registered agent in New York can be an individual who resides in the state, a business entity or a legal representative.
When should I change my registered agent in New York?
You should change your registered agent in New York if your current agent is not performing their duties as required by law or If you move out of state and no longer have an agent within the state.
What is the cost to change my registered agent in New York?
To change your registered agent in New York, you must pay a $22 fee.
Can I be my own registered agent in New York?
Yes, you can serve as your own registered agent in New York, but this may not be advisable for many individuals and businesses.
Can I change my registered agent online in New York?
Yes, you can change your registered agent online via the New York State Department of State website.
What is the deadline for changing my registered agent in New York?
There is no deadline for changing your registered agent in New York.
What happens if I fail to change my registered agent in New York?
If you fail to change your registered agent in New York, your business risks falling out of compliance with state law.
Do I need a new operating agreement if I change my registered agent in New York?
Not necessarily, the operating agreement would typically have a provision governing the process of changing your registered agent.
Are there any additional requirements for non-US citizens changing their registered agent in New York?
There are no additional requirements for non-US citizens to change their registered agent in New York.
How long does it typically take to change a registered agent in New York?
The New York Department of State typically takes around two weeks to process a change of registered agent request.
Will my annual report due date change when I change my registered agent in New York?
No, your annual report due date will not be affected by changing your registered agent in New York.
How do I find a new registered agent in New York?
Numerous companies offer their services as registered agents in New York.
Are there any restrictions on Connecticut residents or businesses acting as my registered agent in New York?
No, a Connecticut or any other out-of-state entity or individual can serve as registered agent in New York.
Can I use a PO box for my registered agent address in New York?
No, the registered agent address must be a physical street address.
Should I notify my current registered agent if I am going to change my registered agent in New York?
Yes, you should notify your current registered agent before making a change of registered agent.
How will I know when the New York Department of State has updated my registered agent information?
Once the change has been processed by the department of state, a confirmation letter will be sent.
Are there any circumstances under which the change of registered agent filing fee in New York can be waived?
There are limited circumstances whereby the change of registered agent filing fee is waived.
How often can I change my registered agent in New York?
You can change your registered agent in New York whenever you see fit.
Can I choose a New York attorney to be my registered agent?
Yes, you can choose an attorney or law firm as your registered agent in New York.
Can my accountant be my registered agent in New York?
Yes, accountants can act as registered agents.
Where can I access the Change of Registered Agent/Office form in New York?
You can download a Change of Registered Agent/Office form from the New York Secretary of State website.
Does the change of registered agent in New York affect my business entity type?
No, changing your registered agent in New York has no effect on the business entity type.
What happens to my previous registered agent information once I make a change in New York?
Your previous agent’s information is retained on the official records, along with the new agent information.
Does the New York registered agent have to sign any documents when the change is made?
No, the New York registered agent does not have to sign any documents when the change is made.
Should I have a replacement registered agent lined up before terminating the current one in New York?
Yes; You should have the new Registered Agent before terminating the current one in New York so that your legal paperwork calls become successful.
Could there be problems with my registered agent’s Standard Industrial Classification (SIC) code?
No, a registered agent’s SIC code doesn’t affect their ability to serve as your registered agent in New York.
Do I need to notarize the Change of Registered Agent/Office form in New York?
No, notarization is not necessary to file the Change of Registered Agent/Office form in New York.
What does the Certificate of Change of Registered Agent do?
It appoints a new registered agent for your company or organization in New York.
How much does it cost to change my registered agent in New York?
The cost for filing the Certificate of Change of Registered Agent is $30 in New York.
How long does it take to change my registered agent in New York?
It takes 1-2 weeks for the New York Department of State to process your Certificate of Change of Registered Agent.
Can I change my registered agent myself or do I need a lawyer?
You can file the Certificate of Change of Registered Agent yourself, but you may choose to use a lawyer or registered agent service.
Who can be a registered agent in New York?
A registered agent can be any individual or company with a physical address in New York who agrees to accept legal documents on behalf of your company or organization.
Do I need to notify my current registered agent before I change them in New York?
Yes, you should notify your current registered agent of the change in writing.
Can I change my registered agent with the New York Department of State online?
Yes, you can file the Certificate of Change of Registered Agent online through the New York Department of State website.
Is there a deadline for changing my registered agent in New York?
There is no specific deadline to change your registered agent, but it is recommended to do so as soon as possible if you wish to change.
Can I change my registered agent in New York to someone who is not located in New York?
No, your registered agent must have a physical address in New York.
Can my registered agent also be my company’s legal counsel in New York?
Yes, but the registered agent must agree to be available during normal business hours to accept service of legal documents.
What if I don’t have a physical address in New York?
You can use a registered agent service or a lawyer who has a physical address in New York as your registered agent.
Will changing my registered agent affect my company’s annual report filings in New York?
No, changing your registered agent will not affect your company’s annual report filings.
What happens if I don’t change my registered agent in New York?
If you don’t have a registered agent or if your registered agent is not available during normal business hours, you may not receive important legal documents and may be in danger of losing your company’s good standing status in New York.
Do I need to provide any documents other than the Certificate of Change of Registered Agent to change my registered agent in New York?
No, the Certificate of Change of Registered Agent is the only document you need to file to change your registered agent in New York.
Can I change my registered agent for only some of my businesses in New York?
Yes, you can file a separate Certificate of Change of Registered Agent for each business you want to change the registered agent for in New York.
Can I change my registered agent before my current one has resigned in New York?
Yes, you can appoint a new registered agent in New York before your current one resigns as long as they have agreed to the change.
What is the process for changing my registered agent for a foreign (out-of-state) business in New York?
The process for changing your registered agent is the same for foreign (out-of-state) businesses. You need to file a Certificate of Change of Registered Agent with the New York Department of State.
Can I change my registered agent for a non-profit in New York?
Yes, the process for changing your registered agent is the same for non-profits in New York.
Will changing my registered agent affect my EIN (Employer Identification Number) in New York?
No, changing your registered agent will not affect your EIN.
Can I change my registered agent for a LLC in New York?
Yes, the process for changing your registered agent is the same for LLCs in New York.
How do I contact the New York Department of State if I have questions about changing my registered agent?
The New York Department of State website has contact information for the Division of Corporations, State Records, and Uniform Commercial Code.
Can I change my own corporation or LLC’s registered agent without approval of Board of Directors or Members in New York?
Generally, authorized individuals must sign-off on the change of the registered agent. The level of approval required will depend on the specifics of your corporation or LLC.
Can I change my registered agent for doing business in New York from an individual to a company or an attorney?
Yes, you can change your registered agent from a person to a company or attorney.
Once I file the Certificate of Change of Registered agent, how long do I have to wait before switching agents in New York?
You can quickly switch your registered agent after the amendment has been processed which can take a couple of weeks depending on circumstance.
How do I find a reliable registered agent in New York?
You can find registered agent providers online or from referrals from other business owners in New York.

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In Conclusion

During your business, you may arrive at a point where you need to change the registered agent. The need may arise when the existing agent wants to quit, or you are terminating the existing agent or expanding your business. Changing the New York registered agent can be necessary in various situations. It is quite simple as it can be done online and through mail filing. This article has it all. If you have any queries about changing a registered agent, you can drop a comment below in the box.

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