Friday, April 19, 2024

Is A Registered Agent Required In New York

What About Small New York

New York LLC – How to Start an LLC in New York – Short Version

As youve probably noticed, the registered agent services weve listed here serve businesses across the country. But if you Google New York Registered Agent, youll probably see results for local services, too. These can be local entrepreneurs with a knack for clerical tasks, offices dedicated to serving businesses in their counties, or statewide companies.

On one hand, using a local service can have its advantages. Some will be cheaper than nationwide firms . And each state has its own nuances for business compliance requirementsNew York included. A registered agent service that services New York alone will have detailed knowledge about those requirements. Granted, most national services do a good job understanding local requirements. But they probably wont give you the same homegrown New York feeling as a local agent service.

That said, national businesses like Northwest Registered Agent and ZenBusiness give you streamlined solutions. Lets say youre using a local New York-only registered agent service, but its time to add locations in Pennsylvania. You could search for an additional agent that services Pennsylvania businesses. But thats going to require a lot of additional paperwork, including new receipts, new automatic payments, more emailsyou get the idea. But if youre using a national service, you can cut down the new paperwork and focus on what really matters: growing your business.

How To Register Your Registered Agent In New York

When you form your LLC, your registered agent information is required on the articles of organization.

When you file your articles of organization, the registered agent is officially registered as your agent as soon as your LLC filing is approved. You can file your articles of organization in New York online, or you can download the form and file by mail.

NOTE: If you dont already have an NY Business Express account, you will need to create one before filing online.

If you want to file by mail, you can and mail the articles of organization and the $200 filing fee to:

New York StateDivision of Corporations, State Records and Uniform Commercial CodeOne Commerce Plaza

How Do New York Registered Agents Get Served

Serving a registered agent is legal proof that you were notified. Regardless of whether you receive the documents your New York registered agent signs for on your business behalf, once they accept the documents, youve been notified. You need a New York registered agent you can trust. Here is what happens when we are served with a lawsuit in NY:

  • A process server, sheriff, or third party will walk into our Albany office and hand us the documents , which we sign for.
  • We scan the document to your online account, immediately triggering our notification system.
  • The process server then gives an affidavit to the court as confirmation that they served us.

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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 States 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 StateDivision of Corporations, State Records, and Uniform Commercial Code One Commerce Plaza

Fax: 474-1418

Fee: $30

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.

New York Registered Agent

New York Registered Agent: LLC Options &  Requirements

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.

Recommended: Get a free year of registered agent services when you form an LLC with Northwest Registered Agent .

by the TRUiC Team

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Best Overall Registered Agent Northwest Registered Agent

Northwest Registered Agent is the best registered agent service in New York because they provide great value at a very competitive price, with stellar customer support to guide you through the challenges of setting up and running your company.

Youll get all the services you need for your company to operate legally as an LLC for $125 per year.

They provide your all-important business address to receive official mail, service of process, and other important documents from the New York Department of State on behalf of your business entity, during regular business hours.

They also scan your important documents and put them in an online portal for you to access, and give you notifications about upcoming compliance filing deadlines to keep your New York LLC in good standing with the New York State Department of State Division of Corporations, in accordance with the law.

But their real difference is their customer support. When you sign up, you get lifetime access to their customer support team , a mix of US-based former accountants, lawyers, and entrepreneurs whove faced the same challenges youre up against and can talk you through the simplest way to solve them.

With more than 3,000 positive Northwest Registered Agent reviews, you can be confident that my experiences aren’t a one-off.

If you want a great product at a competitive price with patient, helpful, and polite support, head to Northwest Registered Agent now.

How To Elect A Registered Agent In New York

In New York, the Secretary of State acts as the statutory agent for service of process for all New York organizations by default.In addition, you can choose to elect a registered agent for your New York organization. You will be given this option when you complete your organizations formation documents.

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What Do New York Registered Agents Do

Per N.Y. Limited Liability Company and Business Corporation Law , at minimum, a New York registered agent will:

  • Accept documents on behalf of your business in New York.
  • Have a registered office in New York. That means they need to have a physical address in state where they can accept legal documents and official mail.
  • Keep normal business hours.

Thats all just a fancy way of saying your registered agents address acts as the official place where any service of process and official mail for your New York LLC, New York corporation or New York nonprofit will be sent.

However, the right registered agent service can do much more. At Northwest, we go above and beyond the minimum to ensure top speed, security, privacy and support.

Step : Create A New York Llc Operating Agreement

What is the New York LLC Publishing Requirement?

All New York LLCs are required to have an operating agreement. This may be a verbal or written agreement.

What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.

Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.

For more information on operating agreements, read our New York LLC operating agreement guide.

Recommended: Download a template or create a Free Operating Agreement using our tool.

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New York Registered Agent Faq

As your New York registered agent, our primary duty is to accept service of process and legal correspondence on behalf of your business. When your company is sued or notified by the state, all documents or lawsuits will be delivered to our registered office in New York. We instantly scan and upload any notifications or mail we receive to your Filing Solutions Portal. You can customize service to include notifications to your attorney or business partners and modify the types of alerts we send when a new document has been uploaded.

CFS will also send annual report reminders, provide online document tracking and management tools, enhance personal privacy and business security, as well as provide access to state business forms or pro filing tips.

Hire the registered agent. Why? A registered agent is required in order to form a business entity in New York. If you form your business first, you can change registered agents at any time, but it involves more paperwork. Plus, you can use our Albany address to save on publication fees if your LLC is located in NYC.

When you hire CFS as your registered agent in New York, we can wait to enter your business name until after the business is formed if youre doing the filing on your own. We even provide tips for fast filings and can help walk you through the formation process. Or you can simply hire us to form your LLC or corporation for you in your online account.

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.

For help forming your LLC, use our New York LLC guide.

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New York Business Fast

  • Business Formation Speed: Usually same-day if filed online, paper filings take 7 business days
  • Cost to Form a Business: $200 for LLCs $125 for corporations
  • How to Register: File the Articles of Organization or Certificate of Incorporation online or by mail
  • Biennial Reports: Due every other year by the end of your LLCs anniversary month costs $9 to file
  • State General Business License: Not required, but industry licenses may apply

New York State Registered Agent: Everything You Need To Know

Nys Dec Fishing License Regulations

Many business entities in New York, including limited liability companies, are required to appoint a registered agent.3 min read

A New York State registered agent accepts service of process for a business. Many business entities in New York, including limited liability companies, are required to appoint a registered agent.

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What Makes Northwest Different From Other Services

At Northwest, we do business the right way. Were dedicated to getting you your docs fast, protecting your privacy and offering you support. Heres how:

  • Same-Day Scans, Instant Notifications: We accept and scan your docs at our local office the same day. We notify you instantly and reach out to you if your essential mail goes unread.
  • Privacy by Default®: We automatically minimize the exposure of and access to your personal data. If we can put our address on a public doc instead of yours, we do. If we dont have to list your personal info, we dont. We have tough privacy policies to keep your data safe and private. And we never sell your data.
  • Free Limited Mail Forwarding: Of course well get you your state and legal mail. Thats our job. But what if we get some of your regular business mail? It happens a lotclients and businesses trying to connect with you via your registered agent. We scan 5 documents per year for FREE. We can also scan additional mail at a per document rate of $15.
  • Corporate Guides®: Have questions? We have answers. Our guides are business experts whose sole job is to provide phone and email support for all your toughest business questions.

Best New York Registered Agent Service

Northwest is the best registered agent service based on overall quality and transparent pricing. Northwest offers a seamless user experience and best-in-industry customer service and privacy protection.

When you choose Northwest as your registered agent service, you’ll get an online account to access essential documents, mail forwarding, and business address services.

Northwests virtual mailbox service will scan your mail and forward it to you electronically. This means that you can keep track of your mail no matter where you are in the world.

Registered Agent Standard

If you want to explore all of your options, check out this article on the 7 Best Registered Agent Services written by our friends at Startup Savant.

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Appointing A New York Registered Agent For Your Llc

Home » Blog » Appointing a New York Registered Agent for Your LLC

When registering an LLC in New York, a requirement for all businesses registered in the state is to have an agent for service of process. Agent for service of process is the states term for a registered agent, as receiving service of process papers is one of the most important functions of a registered agent. They act as the official contact for a business, both for lawsuits and other purposes.

Should I Be My Own Registered Agent

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In New York, the Secretary of State will act as your statutory service of process by default. You can also choose to elect yourself as your businesss registered agent.

NY Publication Requirement

When forming an LLC or corporation in the State of New York you are required to publish a notice of formation in the local newspaper of where the business is formed. This is known as the New York publication requirement.If you are starting a business in a county with high publication costs , it could save you a significant amount of money to hire a registered agent service with an office in a low-cost county. Most New York registered agent services are stationed in Albany county for this reason.

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How To Appoint A Registered Agent

You will have the option to appoint a registered agent when you file your LLCs articles of organization. You can either hire an LLC formation service to take care of this for you or go through the steps yourself.

If youre going through everything yourself, there are some specific terms youll come across in the articles of organization and other documentation:

  • Agent for Service of Process: New Yorks term for registered agent, especially when the Secretary of State is serving as the default agent. The agents role is to receive any service of process documents and other communications.
  • Registered Agent: the same as agent for service of process, although more commonly used when you select an entity other than the Secretary. The agents role is to receive any service of process documents and other communications
  • Registered Office: the street address of the registered agent, which must be in New York. This is where official communications are addressed and where process papers would most likely be served
  • Principal Office: the primary location of your business, which doesnt necessarily have to be in New York also referred to as the businesss forwarding address.The address doesnt have to be made public. This is where the Secretary or registered agent will forward any communications received.

New York requires articles of organization to be filed online. Youll have the option to select a registered agent other than the Secretary of State during this process.

Acting As Your Own Registered Agent

You can be the Registered Agent for your New York corporation if you have a business office in the state. There can be some drawbacks to this approach:

  • The Registered Agent must have a physical street address in New York. If youre forming a corporation outside the state, youll need to use an in-state Registered Agent.
  • Someone must always be available during business hours at the New York address to sign for important documents.
  • The Registered Agents name and address are part of the public record and available through the NYS Department of State Division of Corporations website. If you prefer to keep your name and address private, you should use a Registered Agent service.
  • If you change your business address or move out of state, you need to file additional documentation with the Department of State for the new address. This won’t be necessary if you use a Registered Agent service, making a move or address change much simpler.

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Prepare And File With New York

Creating your LLC in New York requires you to file one original of the Articles of Organization with the New York Department of State. New York also requires new LLCs to publish in designated newspapers notices advertising the formation of the LLC and submit to the Department of State a Certificate of Publication along with publication affidavits within 120 days of forming.

New York does not require you to submit an Operating Agreement to form your LLC. However, it is important for every LLC to have an Operating Agreement, establishing the rules and structure of the business. The Operating Agreement is a private agreement and is not filed with the state. Read our article on LLC operating agreements for more information.

Cons Of Using A Commercial Registered Agent Service

New Mexico Registered Agent
  • Additional Cost: The only true downside of using a commercial registered agent service is the additional cost that comes with using their service, as compared to serving as your own registered agent. While this is true, most registered agent services have fees that are $150 per year or less. This cost is much less than the costs and fees you could face if you were unable to fulfill your registered agent obligations. You can think of the cost as similar to a form of insurance better to pay a reasonable flat fee than take the risk of much higher costs if there was an issue that occurred by serving as your own registered agent.

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