How to Find the Best Registered Agent in New York
This guide will help you find the best registered agent in New York. We’ll explore key factors to consider, evaluate top providers, and equip you with the knowledge to make an informed decision for your business’s registered agent needs.
What is a New York statutory agent for service of process?
A registered agent is a third-party representative that accepts service of process and official correspondence from the state.
New York is the one state in the United States that doesn’t require a registered agent upon formation. The New York Department of State acts as the statutory agent for service of process, or registered agent, by default.
You can choose to appoint yourself, or an outside registered agent service, rather than the state of New York to accept legal notices and important documents that include:
- Articles of Organization – formation documents for limited liability company (LLC)
- Certificate of Incorporation – filed by corporations upon formation in New York
- Biennial statement fee – due every two years before the end of the anniversary month
- Certificate of Status – proof of good standing in New York
- Corporation tax – due to the New York Department of Taxation and Finance
Your statutory agent is a physical presence
A registered agent in New York is physically present in the state and will accept official documents during normal business hours as a third-party representative.
When you appoint an outside registered agent, you can use the service’s address as the business address for public record purposes.
An agent is a reliable point of contact
Having a point of contact between you and the New York Department of State
Division of Corporations, State Records, and Uniform Commercial Code ensures that time-sensitive documents are received and responded to in a timely manner.
A business has 20 days to respond to a legal summons in New York.
Failing to respond to a subpoena will result in default judgments and other monetary sanctions.
A statutory agent for service of process receives time-sensitive documents so that you can respond promptly.
A statutory agent is a New York compliance calendar
The New York biennial statement is due once every two years at the end of the business formation anniversary month, which isn’t an easy due date to remember.
If you forget to submit the fee, it can result in losing good standing and liability protection in New York.
Professional registered agent service providers keep compliance calendars to update you on approaching due dates and assist you in filing the statement fee.
Cost of a registered agent in New York
The New York Department of State acts as a statutory agent for service of process by default.
You can appoint yourself for no charge if you’re at least 18 and have a physical address in New York, as well as:
- Family member
When to appoint a statutory agent
You will appoint a statutory agent when you submit the New York business formation documents to the New York Department of State Division of Corporations.
An LLC appoints a registered agent or service when submitting the Articles of Organization.
Corporations in New York provide statutory agent information when submitting the certification of incorporation.
How does a New York LLC appoint a statutory agent?
File the Articles of Organization
You will complete the Articles of Organization form (DOS 1336) and submit it by mail or in-person to the New York Department of State Division of Corporations.
Mail and physical address:
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, you will use the New York State Business Express website to submit the Articles of Organization online.
Appoint your statutory agent
The fourth section of the Articles of Organization will ask if you’re appointing a registered agent other than the Secretary of State and to provide the statutory agent information if you have selected one.
Pay your New York filing fees
The state fee for filing the Articles of Organization in New York is $200.
The New York Department of State Division of Corporations does offer expedited business filing services for an additional cost.
- 24-hour – $25
- Same day – $75
- 2-hour – $150
The cost to file your LLC Articles of Organization in New York is $200.
How to change your statutory agent in New York
The New York Department of State requires a business to send an official notification if there is a change in statutory agent or to update the registered office address.
Submit the certificate of change form by mail or in person
You will complete the appropriate certificate of change and submit it by mail or in-person to the New York Department of State.
The New York Department of State takes seven business days to process a change in registered agents.
The cost to switch registered agents in New York is $20 for nonprofits, and $30 for all other business stuctures.
How to resign as a statutory agent in New York
First, you must send the company you’re representing a copy of the certificate of resignation of registered agent form.
You must then submit the certificate of resignation of registered form to the New York Department of State Division of Corporations.
The certificate of resignation of registered agent will ask you to provide information.
- Company name
- Date of formation
- Resignation statement
- Confirm a copy was sent to the company
The New York Department of State does charge for withdrawing consent to act as a statutory agent – $20 for LLCs, $60 for corporations, and $10 for LLPs.
Benefits of appointing a statutory agent in New York
It reduces publication costs
The publication requirement cost in New York City is approximately $1500 or more if your registered business address is in the city.
If you use a registered agent address outside of New York City, you’re cutting your formation costs quite a bit.
You’re shielding your asset protection
The biennial statement fee is due every two years. You risk losing good standing and liability protection in New York if you miss the due date.
Appointing an outside statutory agent helps you remain compliant by sending you reminders about annual reports and filing the proper paperwork.
You keep your personal address out of the New York public record
A small business owner puts personal street addresses at risk of becoming public record when appointing themselves as their own registered agent.
In New York, anyone can search the New York Corporation and Business Entity Database by:
- Business name
- Entity type
- Business structure
When you appoint a registered agent service, you can use the agent’s address as the business address on your registration to keep your personal address out of the public record.
You’re provided peace of mind
Process servers in New York can serve legal documents at your office without alerting you first.
Professional registered agents accept service of process and other sensitive documents away from customers so that you maintain your good reputation.
Your work schedule stays flexible
According to New York state law, a statutory agent must be available during regular business hours, Monday through Friday,
By appointing an outside registered agent service, you can come and go from the office without the responsibility of the required availability.
24-hour access to the Certificate of Status
Banks require that you submit proof that you’re in good standing with the state of New York.
The Certificate of Status is proof of your good standing with the New York Department of State.
The best-registered agent services provide business owners with access to an easy-to-use online account that allows constant access to the Certificate of Status and other formation documents when needed.
LLC expansion is highly accessible
Expanding an LLC out-of-state requires appointing a registered agent before you begin the formation.
Electing to have a registered agent already gives you instant access to foreign LLC formation services.
What’s the difference between a registered agent and a resident agent or statutory agent for service of process?
A resident agent, a registered agent, and a statutory agent are the same. The central role of an agent is to accept service of process and important documents from the New York Department of State.
What happens if my New York registered agent resigns?
When a statutory agent resigns in New York, the Department of State will list you as your own registered agent for 30 days unless you appoint a new one first.
What is the difference between a registered agent and an LLC Member in New York?
An LLC member is the owner of the LLC, while a registered agent is simply a third-party representative that accepts business-related documents on behalf of a business.
Is a New York registered agent liable?
Statutory agents aren’t responsible for the bad dealings of a business or the debt a company accrues doing business.
Can I have my New York business mail delivered to my registered agent?
Professional registered agent services don’t typically offer business mail-forwarding and only receive official correspondence. You can use a PO box or virtual address for business mail. New York registered agent services offer some scanning and other business services for an additional fee.
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