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
- Cost of a New York Registered Agent
- How to Change a Registered Agent in New York
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 –
ZenBusiness – $99 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 Northwest Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.
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, Northwest Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you will get registered agent service free for 1 year.
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.
If you are wondering how to remove a registered agent from an LLC in New York, read this article. There are several reasons why you might want to change the registered agent for your LLC, including expansion plans. The registered agent must be available to receive mail and respond to requests during business hours. If you are the only listed agent, it may be time to change. You can also notify former employees and associates to act as new registered agents. You should note that changing registered agents costs between zero and $50, depending on the number of states you have to change. If you’re looking for expedited service, you can pay as much as $100.
While changing the registered agent may seem like a complicated process, it can be simple and straightforward. You can hire a registered agent service to handle this paperwork for you. You can also do it yourself if you have the time. You can review registered agent services before choosing one. You will need to submit a Certificate of Change in New York, and you’ll need to pay a small fee.
To change your registered agent in New York, you must submit a Certificate of Change form to the Department of State. You can send this form by mail, fax, or in person. Make sure that the person signing it is a person with authority to certify the change, so you won’t have to provide a copy of your original signature. You can find these forms on the New York Department of State’s website.
It’s important to understand that in New York, you’ll need to list a registered agent, either the Secretary of State or a registered agent office in the state you’re operating in. However, you can change the registered agent at any time. In many cases, it will save you hundreds of dollars. You can even opt to change your registered agent in a lower-cost state.
To remove a registered agent from an LLC in New York, you should first review the articles of organization or operating agreement. New York law requires businesses to have a name that is distinguishable from any other company. Personal names and geographic terms can help meet this requirement. The State Senate also provides information about LLC names. You can also search for business names in New York by visiting the Department of State’s website.
If you want to change the registered agent in New York, you can do so by paying a $5 fee. You can pay the fee using a check or by credit card, and then fill out a ‘Certificate of Change’ form. However, it is important to note that the change process in New York is not approved when it comes to the Biennial Statement or Articles of Organization. Rather, hiring someone to do the task can save you a lot of hassle.
All corporations and limited liability companies doing business in New York are required by state law to appoint a New York registered agent. New York registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public for mailing and other official purposes. This might harm your privacy. Hence, it is recommended to outsource the RA service. Also, if you outsource it to professionals, it will be hassle-free.
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.