Basics Of A New York Registered Agent
A New York State registered agent can take several different forms. For example, registered agents in this state can be a person, a corporation, or a limited liability company . A registered agent must have a physical street address in the state and should be willing to accept a business’s official mail and service of process.
New York requires that a registered agent have the ability to accept any documents sent to a business by the state:
- Demands
- Notices
- Service of process
Registered businesses in New York are required to name a registered agent. The main reason that New York businesses are required to have a registered agent is so that the state Corporations Division and the general public will be easily able to contact these businesses.
New York registered agents will have several characteristics:
- Accepting business documents and then delivering them to you as soon as possible.
- Possessing a physical office in New York. Registered agents are not allowed to use Post Office Boxes.
- Maintain regular business hours.
If you live in New York, you have the right to serve as your own registered agent. By default, the New York Secretary of State will be your registered agent. After your LLC is formed, however, you should find a new registered agent.
Once you have appointed your registered agent, that agent can receive a variety of documents on your behalf:
About New York Registered Agent Llc
We are a New York registered agent service that helps both in and out of state businesses register to do business in New York State. We also help keep local businesses in good standing with the New York Corporations Division by acting as your registered agent. We will send you timely reminders to file your biennial reports, and you can always track your due dates in your online registered agent account. We track your companys status and send you reminders based on your specific company. You will have a biennial statement due on the last day of the month you registered in. Its important to have a New York registered agent that will help you accurately maintain your company. When you do something one time every other year, its hard to remember it.
New York Registered Agent
In New York, the Secretary of State acts as the statutory agent for service of process by default. You can also choose to elect your own registered agent for your New York LLC.
In this registered agent guide, we’ll go over everything related to what a registered agent is, what they do, and how to pick one.
2021-08-27
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Domestic New York Llc
Domestic New York LLCs cost $200 to file. New York corporations cost a minimum of $135 to file . All domestic entities appoint the New York Secretary of State to receive service of process and legal notice. You must list a name and address with the NY SOS to then get these notices sent to. Its critical that you provide the NY SOS with a permanent, reliable address where you can get mail reliably. Our clients do not want a permanent record of where theyve lived filed with their corporate companies. Our clients worry about getting a law suit delivered to them from a mail room in a skyscraper. Were in Albany down the street from the NY Secretary of State, so we get these notices very fast and scan them to your online account so you can get them in real time during the day instead of after hours in a mailbox you get mail in sometimes.
You can make these corporate filings by submitting the forms and a check payment to the New York Division of Corporations at the address listed on all the state forms. You can also walk in your filings. Fax filing is available with or without expedite service. You can also file online, which is how we recommend.
Usually, normal filings are processed by the state within 2-3 business days after they are received. But right now, processing times for paper filings are delayed. Expedited filings now take a week, and standard paper filings are currently being processed in 120 days.
Pick A Company Contact
The New York Department of State will serve as your registered agent. This is the case for all New York LLCs. The state will receive official documents on behalf of your company, which could include tax notices or service of process papers that are served if your company is sued.
The state accepts these documents and then notifies the company. As a result, the state will request a point of contact for every LLC. The state will forward the documents to this person when they arrive.
In other states, LLC organizers select their own registered agent, but thats not the case in New York.
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How Are New York Registered Agents Served
- A process server, the sheriff, or any third party will walk into our office and hand us legal papers .
- The process server then gives an affidavit to the court that they served to us.
Serving a registered agent is legal proof that you were notified. Regardless of whether you look at the docs or even receive them from your registered agent service. You were notified. We take this responsibility very seriously.
You can learn more about how a registered agent is served.
What Is A New York Registered Agent
A registered agent’s job is to receive service of process in the event of a lawsuit. In New York, the Secretary of State acts as the registered agent by default. You can also choose to elect your own registered agent.
Note: Many LLCs choose to hire a registered agent service to reduce New York publication costs.
For more information on the role of registered agents, read our What Is a Registered Agent guide.
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Who Can Be A Registered Agent In New York
A registered agent in New York can be any resident of the state who is 18 years or older, a registered New York domestic business entity, or a foreign business entity authorized to do business in the state. An entity may not be its own agent.
The registered agent needs to have a physical street address in the state of New York. This can be your home address, the address of a family member, an accountant or attorney, the address of the business, or professional registered agent service. Any physical address in the state may be used, but PO Boxes and mail drop services are not acceptable since someone has to be available to sign for documents.
The agent will also need to be available to receive Service of Process on behalf of the business during normal business hours. Service of process refers to the delivery of legal documents, often a summons, subpoena, or lawsuit filed against a business entity.
Choosing A New York Registered Agent
A second concern is reliability. As you know, there are many forms, fees, and other statutory requirements that must be followed to maintain your good standing in New York. If state paperwork is lost in the shuffle of your regular daily mail, you may not see it at all. Worse, a staffer may accidentally misplace or throw away an important renewal notice or update and you may not find out your company is out of compliance until it’s too late.
As a result of these concerns, many companies choose to use a Registered Agent Service in New York, such as incorporate.com. With incorporate.com working as your Registered Agent in NY, you will never have to worry about lost or late paperwork relating to your state obligations. incorporate.com will forward your documents to you promptly, discreetly, and affordably.
Ready to sign up for our Registered Agent Services?
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Choose A Name For Your Llc
In New York, your LLC’s name must contain the words “Limited Liability Company” or the abbreviations “LLC,” or “L.L.C.”
Your LLC’s name must be distinguishable from the names of other business entities already on file with the New York Secretary of State. Names may be checked for availability at the New York Department of State Division of Corporations business name database.
You may reserve a name for 60 days by filing an Application for Reservation of of Name with the New York Department of State Division of Corporations. The application must be filed by mail. The filing fee is $20.
Using an Assumed NameYou don’t have to use your LLC’s official legal name registered in your Articles of Organization when you do business out in the real world. Instead, you can use an assumed name, also called a fictitious buisness name, “DBA” , or trade name. To do so in New York, you must register your assumed name with the New York Department of State. You register by filing by postal mail a Certificate of Assumed Name. The filing fee is $25. For more on registering business names, see Nolo’s article How to Register a Business Name.
B Hire Us To Publish For You
You can spend hours of your precious time on earth calling around to dozens of newspapers to compare publication costs. Or you can just hire us to complete the entire process for you for $375.
Well run your ads with the local paper, acquire the Affidavit of Publication, and file your Certificate of Publication form with the New York Division of Corporations for you for $375 total, and thats expedited.Just select the publication service at checkout.
| Our Filing Fee |
| $375 |
*We dont even bother with standard processing because the New York Secretary of State is notoriously slow. Hire us and its automatically expedited.
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What Is The Llc Publication Requirement
All limited liability companies doing business in New York must publish notices in two local newspapers for six consecutive weeks within 120 days of formation. Once publication is complete, the LLC must obtain an Affidavit of Publication and submit it with with a Certificate of Publication form to the New York Division of Corporations per Section 206 of the NY State Limited Liability Company Law.
The kicker?
You have to publish in the county where your principal business address is located. If that happens to be somewhere in NYC, you could easily spend over $1,000 in publication fees alone. Thats the last thing you need when youre starting a business in New York.
Its annoying. Its outdated. And worst of all, its expensive.
So we came up with a couple of solutions.
You can list our commercial address as your LLCs business address in order to publish in Albany County .
We can complete the entire process for you.
What Are The Legal Requirements For New York Registered Agents
Whether your business is a limited liability company or corporation, the state of New York requires the same from a registered agent:
- An NY registered agent must be a state resident or an LLC or corporation that provides registered agent services.
- New York registered agents must maintain a registered office .
- NY registered agents must accept legal documents during regular business hours.
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How It Works: New York Registered Agent Service
We make it easy to sign up and appoint us as your New York registered agent. This is how the entire process works.
Located in nearby Albany, NY!
Why Businesses Use A New York Registered Agent Service
Many businesses choose to use a registered agent service in New York, here are some of the major reasons why:
Lower Publication Costs
New York requires newly formed LLCs to publish a notice of formation in local newspapers. Publication can cost around $1,500 or more if the principal address is in New York City.
A registered agent service located outside the city allows an LLC to use the registered agents address as the principal address, which greatly reduces the cost of publication.
Compliance
A registered agent service maintains a compliance calendar and will remind you when annual reports or other filings are due, and help you file them.
This helps you to avoid fines and keeps your company in good standing, which is important to maintain your limited liability protection.
Legal complications, fees, or any other issues can arise if you do not respond quickly to service of process. A registered agent will scan your documents, share them with you online, and notify you when they are available.
Privacy
If you work from home, or even a private office, and act as your own registered agent, your address will be published publicly on the New York Corporation and Business Entity Database.
If you value your privacy, a registered agent service will use their own address in place of yours.
Discretion
Receiving service of process for a lawsuit at your business can be a sensitive situation to have happen in front of your employees and clients.
Flexibility
Online Storage
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How To Register A Delaware Company In New York
Would you like to register a Delaware company in New York so you can start doing business in New York with your Delaware LLC or corporation?
If you own a Delaware company and would like to start operating in the state of New York, your first step is to register as a foreign entity. This process permits a company to transact business in a state other than where it was formed. Failing to adhere to local compliance issues may put your company’s assets at risk. However, if you file for foreign qualification for a Delaware LLC that will be operating in the state of New York, you can ensure your Delaware LLC is both legal and compliant in the state of New York.
If you’re interested in registering a Delaware company in New York, you’re probably wondering, “What does New York require in order to register my Delaware LLC as a foreign entity?”
New York Foreign Llc Certificate Of Authority
If you own a limited liability company out of state, it is known as a foreign LLC to the New York Division of Corporations. For a foreign LLC doing business in New York, you will need a Certificate of Authority from the New York Division of Corporations this grants the LLC foreign qualification. If youve got the gumption, you can use our guide below to register your own Foreign LLC in New York. If you want to hire a professional to get it done quickly and accurately, then thats our bread and butter. All without suckering you into huge fees like them other guys.
The first thing you should do is see if a New York Foreign LLC is right for you.
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What Are The Options And Different Ways You Can Change Your New York Registered Agent
To change your New York registered agent you will need to provide the completed Certificate of Change form for your entity type, to the New York Department of State by mail, fax, or in person. The person signing the form must have authority to confirm that the change was approved, but it does not need to be an original signature. See the link below for all New York Department of State corporate forms.
The address for service of process may only be amended by filing a Certificate of Change or Certificate of Amendment. The amendment is twice as expensive.
The New York Department of State accepts cash, check, money order, MasterCard, Visa and American Express. Dont send cash if you submit the certificate by mail. Checks should be payable to Department of State. If you pay by credit or debit card, include a . Faxed documents must include credit or debit card authorization.
If you request expedited service, you must include separate payment. Include an additional check or money order. If you pay by credit card, indicate the level of service requested in the space provided on the Credit Card/Debit Card Authorization Form.
To ensure your former agents service and obligations come to a full stop, check out our New York registered agent resignation page.
Can I Use Your New York Registered Office Address To Get My Mail
- Most of our clients list our registered office address on their articles of incorporation.
- We dont want all your mail, thats not what we do.
- We will throw away junk mail and forward any document from a government agency .
- The US Postal office might not deliver your mail reliably to us if you dont have a lease at our address.
- As the registered agent, things come directly to us, Rapid Registered Agent, LLC care of you.
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Our New York Registered Agent Service:
You dont need to publicly create a history of addresses youve lived or worked at. By using our service, you show stability for your business and do not create a permanent history of where youve lived.
You will be legally notified by a state agency about extremely important legal notices. We are right down the street from the Secretary of State in Albany and the state notifies us instead of just simply sending you a letter.
We scan all your legal notices to your online account in real time, where youll be emailed and notified about your documents as they arrive. It will be quicker than coming home and checking your mailbox. We store these documents for you so you can access them at any time.
We allow our clients to list our Albany office address as your county of business so that you can fulfill your New York LLC publication requirement in Albany instead of the city. Doing this, youll save about $1000 in publication costs.
Hire us, and get an in-house consultation free of charge. We work with payment processors to get our clients signed up to accept credit card payments and more at low rates.
Were the cheapest, fastest, and its all we do. Theres no additional fees.
Sign up online and youll have an online account instantly with the forms you need to file along with filing instructions for doing filings with the New York Division of Corporations.