A registered agent is a requirement for businesses operating in New York, serving as the official point of contact for legal and state communications. This designated entity or individual is responsible for receiving important documents on behalf of a company. Understanding the role and eligibility for appointing a registered agent is part of maintaining a business in good standing.
The Role of a New York Registered Agent
A registered agent in New York acts as a recipient for service of process, which includes legal notices and lawsuit documents. The agent also receives official communications from the state, such as tax notices and annual report reminders, ensuring a business can be properly notified of any legal action. The legal basis for this requirement is found in New York’s Business Corporation Law Section 304 and Limited Liability Company Law Section 301.1NYS Open Legislation | NYSenate.gov. Section 304 – Statutory Designation of Secretary of State as Agent for Service of Process2NYS Open Legislation | NYSenate.gov. Section 301 – Statutory Designation of Secretary of State as Agent for Service of Process By having a registered agent, a business ensures a designated party is available during business hours to receive these documents, allowing the business to respond in a timely manner.
Eligibility for Serving as a New York Registered Agent
To serve as a registered agent in New York, an individual or entity must meet specific criteria. An individual must be a resident of New York State. Alternatively, a domestic corporation or LLC, or a foreign corporation or LLC authorized to do business in New York, can act as the registered agent. A requirement for any registered agent is maintaining a physical street address within New York; P.O. boxes are not permissible for this purpose. This ensures there is a physical location where legal documents can be hand-delivered. Many businesses opt to hire a commercial registered agent service, which specializes in fulfilling these duties.
Preparing Your Registered Agent Information and Forms
Before designating a registered agent, a business must gather the agent’s full legal name and their physical street address in New York, including the county. This information is required for a business’s formation documents, such as the Articles of Organization for an LLC or the Certificate of Incorporation for a corporation. For existing businesses looking to change their agent, this information is entered on a Certificate of Change. For corporations, this is Form DOS-1550, as outlined in Business Corporation Law Section 805, while LLCs use Form DOS-1359-f, per Limited Liability Company Law Section 211.3NewYork.Public.Law. N.Y. Business Corporation Law Section 805 – Certificate of Amendment (2025)4NYS Open Legislation | NYSenate.gov. Section 211 – Amendment of Articles of Organization These forms are available from the New York State Department of State’s Division of Corporations website.
Filing Your New York Registered Agent Designation or Change
For new businesses, the registered agent designation is included in the initial formation documents filed with the New York State Department of State. These documents, along with any required cover sheets, are mailed to the Division of Corporations. The filing fee for Articles of Organization for a domestic LLC is $200.5Department of State. Articles of Organization for Domestic Limited Liability Company To change a registered agent, a business must submit the appropriate Certificate of Change form, which must be mailed to the Department of State with the required $30 filing fee.6Department of State. Certificate of Change for Domestic Limited Liability Companies
Risks of Not Having a New York Registered Agent
Failing to appoint or maintain a registered agent can lead to significant consequences. If a business does not have a designated agent, the Secretary of State is appointed by default to receive service of process, which can result in delays in receiving legal notices. A risk of this situation is a default judgment. If a lawsuit is filed and the business owner does not receive the summons and complaint in a timely manner, they may fail to appear in court, leading to a judgment against them. Non-compliance with registered agent requirements can also result in the loss of good standing with the state, which can create difficulties in obtaining financing or conducting other business activities.