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What Is A New York Registered Agent?

By: Startup 101
Last Updated: November 15, 2024

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A New York registered agent (also referred to as a resident agent or statutory agent in some states) is a person or company designated to be a company’s official point of contact.

A registered agent receives service of process (legal mail such as a summons, subpoena, or lawsuit) and forwards it to the appropriate person in the company. The state requires registered agents for a New York Limited Liability Company (LLC), corporation, or Limited Liability Partnership (LLP), but sole proprietorships and general partnerships do not need one.

Also See: Guide To Starting A Business In New York

New York Registered Agent Requirements

The requirements for registered entities to have a New York registered agent are found in New York Statutes BSC § 302 (LLC) and BSC § 305  (corporation), which state that registered entities will have and continuously maintain a registered agent. If a business does not have a registered agent recorded with the New York Department of State, it may risk falling out of “good standing” with the state in which it is registered. Without a registered agent, the state can dissolve your business entity, meaning you will no longer have the entity’s liability protection unless you file for reinstatement and pay a fee. By not maintaining a registered agent, an entity may lose its good standing with the state, and the owners may lose their liability protection.

There are a few requirements to be a registered agent in New York, which include:

  • A New York resident 18 years or older may be appointed. Alternatively, a registered business entity, such as a registered agent service, may be appointed.
  • Having a physical address (often referred to as a registered office or principal office). This can be the actual address of the business, the home address of an owner, or even the address of a friend or family member. PO Boxes and mail drop services are not allowed to be used since someone has to be available to sign for documents.
  • The agent is generally available to receive service of process on behalf of the business during normal business hours, normally between 9 a.m. and 5 p.m.

Can I Be My Own Registered Agent In New York?

Yes, you can serve as your own registered agent in New York, provided you meet the state’s requirements above. This option is the least expensive and isn’t overly complicated, but there are a few potential drawbacks. A few of these include:

  • Privacy: The registered agent’s name and address are listed on the State of New York business database. This can be concerning if someone runs a small business on the side and doesn’t want their employer to know about it. Also, if the business is sued, the notice will be delivered to the registered office address, and employees, customers, or neighbors can witness the event. Last, if the registered office address is the owner’s home address, there is also the remote possibility of a vindictive litigant or upset customer finding the address and showing up at the business owner’s home.
  • Availability: New York requires the registered agent to be available at the registered address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.
  • If the Business Expands to Additional Locations: If the business has a physical presence in multiple states (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states and would require that a registered agent be appointed in each state.
  • Due Date Reminders: Registered agent services often provide biennial report reminders and state updates, which is nice to ensure the entity remains in good standing with the state.

Several alternatives are available if a business owner chooses not to serve as a registered agent in New York. They can appoint a trusted individual, such as a family member, friend, or employee, who meets the state’s requirements and is willing to take on the responsibility. Law firms or accountants familiar with the company’s affairs may also offer this service. A cost-effective solution is hiring a professional registered agent service specializing in fulfilling this role.

How much does a New York registered agent service cost?

There is no cost for the business owner to be the registered agent. If a commercial registered agent service is hired, expect to spend between $100 and $150 per year, depending on the services provided.

Northwest Registered Agent is a popular registered agent service that charges $125 annually and offers several extras, such as document scanning and mail forwarding. It’s also worth noting that some entity formation companies, like Bizee, include a registered agent service at no cost for the first year when you register your corporation or LLC with them.


How Can A Registered Agent Be Changed In New York?

To change a registered agent in New York, submit the Certificate of Change of Registered Agent Form and the filing fee to the New York Department of State. In addition to filing this form, the LLC operating agreement or corporation bylaws should be updated to include the new registered agent’s information.

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