New York Registered Agent: If you wish to start a New York LLC, you have to appoint a registered agent. According to New York State Law, it is mandatory to have a New York Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in New York, and who can be a registered agent for your LLC. Read this guide carefully before you hire a New York Registered Agent.
On this page, you’ll learn about the following:
What is a New York Registered Agent
A registered agent (or a statutory agent or a resident agent) in New York is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the New York LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in New York, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in New York
You may have several options for hiring a registered agent in New York. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in New York can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in New York always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in New York
You can choose a New York Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a New York Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in New York
At the time of submitting the New York Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the New York LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in New York by mail, you need to download the New York LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on New York Articles of Organization.
Cost of a New York Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in New York.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in New York
To change the New York registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the New York Secretary of State via mail, Fax, or in person.
File By Mail or In-person
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the New York Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: New York Department of State
Division of Corporations, State Records, and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001
Fax: (518) 474-1418
How to Pay: The filing amount is payable to the New York secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in New York Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in New York. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in New York ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances, as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in New York to publicly upload their address to the New York Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the New York SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in New York or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
New York Registered Agent and Business Laws
The registered agents of New York are responsible for addressing all legal aspects and issues that are related to New York LLC law. Each state has its own business laws. New York is not an exception. Every state is governed by its own unique business laws. These are the top business regulations that every business must comply with.
Interest Rate Laws
Every state has its own laws on interest for businesses. The general guidelines don’t define a minimum interest rate. It’s not surprising that companies are more likely to agree to higher interest rates. New York has interest rates that are 16% when written. It is the general rate of interest. The rate of interest on judgment is 9%.
New York has a Usury Law. This law has higher interest rates for advances and loans. The law decides on the interest rate. Borrowers can recover the entire amount of excess if violating this law. Also, the interest amount will be forfeited and can recover twice the interest amount paid.
The general purpose of antitrust laws is to find cartel formations in any market. A cartel is the combination of rivals with a disproportionate influence over the supply or price. Cartels in all markets are illegal. New York has the same Antitrust Laws that apply to other states.
The law of New York states that you can bring an action in this regard within four years. The law also grants plaintiffs the right to recover attorney fees as well as other damages.
Deceptive Trade Practices Laws
New York has the Deceptive Trade Practice Law. However, it has penalties for trading and deceptive acts. The case can be filed by any attorney general. Plaintiffs can recover attorney’s fees and triple the actual damage or $1000, whatever is more.
Civil Statute of Limitation Laws
The Civil Statute of Limitations Laws in New York is like the laws in other states. If you are found guilty, the law provides for jail time and heavy fines. There is a time limit to the time you can file suit. Other actions and sanctions can be enforced if you fail to make a claim within the deadline. Up to 10 years of the time limit is given to plaintiffs in order to bring the claim. The judgment can take up to 20 years.
Agents who are registered handle these cases and laws. New York has registered agents that can assist you in navigating these laws.
How to Remove a Registered Agent for LLC in New York
A registered agent for LLC in New York can be removed by filing a Certificate of Change with the New York Secretary of State by paying a filing fee of $5.
The role of a registered agent for a Limited Liability Company (LLC) is vital, as they act as a liaison between the LLC and state government agencies. In New York, a registered agent is required by law, and choosing the right one is crucial to maintaining compliant operations. However, there are instances when an LLC may need to remove a registered agent due to various circumstances. Understanding the process of removing a registered agent is essential for all LLCs operating in New York.
The first step is to review the LLC’s operating agreement, which typically specifies the provisions and procedures for removing a registered agent. The operating agreement acts as the constitution for the LLC and sets out the rules and regulations governing the organization. If the operating agreement does not contain adequate instructions on removing a registered agent, LLC members should consult with an attorney or refer to the New York Limited Liability Company Law, as it provides guidance on this matter.
Once the proper path for removing a registered agent is established, LLC members should proceed through the necessary administrative steps. Members must file a “Certificate of Change” form with the New York Department of State, Division of Corporations. This form legally documents the removal of the existing registered agent and appoints a new one. It is crucial to complete the form accurately and provide all the required information to prevent potential delays or complications.
Additionally, a written resignation letter should be obtained from the current registered agent, acknowledging their voluntary resignation from their position. This step ensures that there is a formal record of the registered agent’s departure and helps avoid any misunderstandings or disputes.
It is important to note that the resignation of a registered agent should not interrupt the LLC’s compliance with the law. Therefore, before proceeding with the removal process, LLC members should ensure that there is a designated replacement agent ready to take over promptly. Failure to maintain a registered agent can potentially lead to sanctions, fines, or even the revocation of the LLC’s legal status.
In some cases, LLC members may find it challenging to remove a registered agent, especially if the agent is uncooperative or unresponsive. If this occurs, seeking legal advice is highly recommended to address the situation appropriately.
Overall, the process of removing a registered agent for an LLC in New York requires significant attention to detail and adherence to state laws and regulations. It is essential for LLC members to carefully review their operating agreement and consult with professionals to navigate this process effectively. By following the proper procedures, an LLC can ensure a seamless transition and maintain compliance with New York state requirements.
The RA change application form must be submitted to the New York Secretary of State in order to change the registered agent in New York. The New York Department of State, Division of Corporations, State Records, and Uniform Commercial Code, One Commerce Plaza, 99 Washington Ave., Albany, NY12231-0001, or via fax, depending on the option that works best for you, maybe contacted about this. New York charges $30 for the changing of a registered agent.
A registered agent in New York may be obtained with ease. You must be at least 18 years of age and a resident of the state in order to register as an agent. In New York, being a registered agent doesn’t call for any particular educational preparation.
Anyone is eligible to serve as a registered agent in New York. Anybody who meets the requirements, including your spouse, family, LLC members, and you, may serve as a registered agent. Both the applicant and the recipient must be legal adults who live in New York.
You must fill out a RA Change Form and provide the new address if you want to change a registered agent’s address in New York. The New York Department of State, Division of Corporations, State Records, and Uniform Commercial Code, One Commerce Plaza, 99 Washington Ave, Albany, NY 12231-0001, or via fax, depending on whatever option is most convenient for you, is where you should send the completed form. For the New York SOS, this form should be sent.
You must go to the New York Secretary of State website to locate a company’s registered agent in New York. The option of finding the company by name will be presented to you. You may choose the registered agent’s name to see the data if you input the company name.
Any legal notifications, permits, and processes must be received by the company’s registered agent in New York, who also serves any necessary paperwork. Having a registered agent is required in New York. In New York, you have the option of working with an expert or serving as your own registered agent.
By providing their information while registering a firm in New York, registered agents may be designated. There is a part in the formation document where you must provide information about the registered agent, such as name, address, and contact information. Don’t forget to provide your personal details if you’re acting as a registered agent.
Following these procedures will allow you to look for a registered agent’s address:
1. Access the New York Secretary of State’s website.
2. Find a corporation using its name.
3. Verify the address list and Registered agent sections.
The address of the registered agent in New York may thus be found in this manner.
Visit the New York Secretary of State’s website to look up a company in the city. The “Search” option is where you’ll find it. The name of the registered agent and the name of the company may both be used to find it. To retrieve the business information, choose “registered agent” and input your registered agent’s name.
You must meet 3 major requirements to become a registered agent in New York. You need to be older than 18 years old, to start with. A resident in the state is a requirement two. You need a New York street address, in other words, to do this. The last need is that you must be authorized to do business in New York.
In New York, it is simple to locate a corporation’s registered agent. Visit the New York Secretary of State’s website to complete this. Navigate to the Business Search menu item. You may look for a company by name by choosing the option “Look up by name.” The registered agent information may be checked after you have the company.
A registered agent in New York must write a letter of resignation to the business that they are currently working for if they wish to quit. A resignation notification should be given to the New York Secretary of State to certify the registered agent’s resignation during a predetermined period of time and be sent with the resignation letter.
The New York Secretary of State must receive the RA Change Form before you may alter a registered agent there online. It’s not possible to update a new registered agent in every state online. To find out whether the online option is offered, visit the New York SOS website.
Three options exist in New York to get a free registered agent. As your own registered agent, you may take the initial step. The second is if any of your friends, family members, or partners choose to register as a registered agent. In New York, free registered agent services are offered by a few company creation firms.
A registered agent in New York may be readily found online. Visit the New York Secretary of State’s official website, please. Choosing “search by name” is an option if you know the company name. You may look for a registered agent’s information from the list when you discover the business information.
The Division of Corporations, State Records, and Uniform Commercial Code, One Commerce Plaza, 99 Washington Ave, Albany, NY 12231-0001, is where the registered agent form for the state of New York should be delivered. You must choose a registered agent and provide all of their information on the formation paperwork when registering your firm. After that, send it via mail to the aforementioned address.
It is required in New York for your business to have a registered agent. In contrast, you could run into legal issues if your firm lacks a registered agent. Therefore, it’s essential to work with a registered agent in New York (you may alternatively serve as your own registered agent).
A deceased registered agent will leave your firm without a registered agent. The presence of a registered agent on behalf of your business is required in New York. Any remaining power will be useless if he or she passes away. Companies are required to inform the SOS as soon as they replace or alter their registered agent.
If the registered agent’s name is disguised or not, cannot be answered with certainty. An LLC member’s or the owners’ identities may be concealed from public registration in certain states. If your LLC is unidentified, it can happen. You may not be able to conceal the name of the registered agent in certain states. To find out more, look at the New York Secretary of State’s company registration rules.
Call (518) 473-2492 if you’d like to find out the registered agent’s details in New York. The New York Secretary of State is open from 8 am to 5 pm on weekdays (central time). The division you’re searching for may be reached by dialing this number and following the instructions.
The permission of a registered agent to act as the company’s representative is a written declaration that the agent is prepared to do so. In order to alter or appoint a new registered agent in New York, the SOS must be notified in advance by the newly designated agent.
A registered agent and a resident agent are not distinguishable in this way. Occasionally referred to as a resident agent in New York, the registered agent. A resident agent is referred to as a registered agent in the majority of states. Resident agents are used in a few states.
A legal fine and responsibility may be levied against the person appointing a registered agent in New York without the approval of the person who will be represented by that person as the registered agent. Additionally, individuals have the ability to reject any obligation imposed by the procedure.
The answer is that your LLC may still be sued even if it has no registered agent in New York. Any corporate entity in New York may be sued in a number of ways. Another method of suing the firm will be available if no one is available to accept the court filings.
The designation is revocable in New York by the registered agent. By signing the declaration of refusal and delivering it to the Secretary of State, the individual may reject the designation. On the SOS website, you may get the rejection statement.
Before you choose a registered agent for your New York LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.