Before you start your business in the State of New York, you must designate a registered agent service for the service of process. This can be done at the time of formation or any time afterward.
You may form a New York LLC online and appoint a qualified individual or corporate entity to serve as your registered agent in New York by filing Articles of Organization with the Department of State, Division of Corporations.
This article will provide more detailed information on New York Registered Agent’s requirements and duties.
New York Registered Agent Education Requirements
All registered agents appointed must be familiar with the duties and responsibilities of a registered agent for the service of the process. The New York Department of State does not require prospective agents to complete any special or formal education.
However, because there are additional responsibilities associated with being a New York Registered Agent, the person must have familiarity with the laws and procedures related to their role.
Do I Need a New York Registered Agent?
All corporations, limited liability companies, and limited partnerships formed in New York must appoint a registered agent for the service of the process.
What is Service of Process?
Service of process is the notification to an individual or business that they are being sued. The registered agent is responsible for receiving service of process documents on behalf of their client when lawsuits are filed against them.
Who Can Serve as My New York Registered Agent?
As long as you have a physical address in New York, any individual or corporation may serve as your agent. A business operating in another state is not eligible to be appointed New York Registered Agent.
Appointing An Individual
The person you appoint as your registered agent must have a physical address in New York.
- They cannot just be a P.O. Box or Business Office in New York because their residence will not accept service of process.
- Instead, they must have a place where the documents can be delivered in person or by mail to notice being sued formally.
- If an individual is your New York registered agent for service of process, the only requirement is to reside in New York and maintain a static address.
- If you live within New York City, it would be wise to appoint someone residing outside city limits since the service of process is more complicated within the five boroughs.
Appointing A Company
If you appoint a New York corporation as your registered agent, they must have a physical address in New York.
- If the business is located out of state, it cannot serve as the registered agent for service of process from another state.
- As an individual, if a business has a P.O. Box or Business Office instead of a physical location within New York, the documents may not be served. This can result in a court dismissing your case because no actual notice was given to the party being sued.
- Also, it would help if you never used yourself as your own New York Registered Agent for Service of Process due to personal liability issues involved with this role.
What are the duties?
- The New York Registered Agent’s duties are to accept process documents on behalf of the client, usually by mail or in person.
- They must also maintain records on their clients (the company you hired them to form) for at least one year after receiving said documents.
- Lastly, the registered agent is responsible for providing actual notice of being sued to their client.
What Happens If My New York Registered Agent Doesn’t Accept Service of Process?
If your agent does not accept service of process within 30 days from receipt or refuses to sign an acknowledgment proving that they have received the document, the court may dismiss your case as a result.
In addition to this possibility, it will be difficult and cost more money if you attempt to serve the documents yourself.
Why Businesses Use a New York Registered Agent Service?
The most straightforward reason is that it’s easier to let the experts handle it. Businesses looking for a hassle-free method of doing business within New York know that using a Registered Agent Service has many benefits, including:
- Able to maintain anonymity, avoiding public scrutiny
- Save time and avoid costly mistakes
- Efficient management saves money by outsourcing all compliance duties (filing fees, E&O insurance)
- Since the agent is responsible for maintaining records for one year after receiving service of process documents, no need to worry about staying compliant with state regulations
- New York Registered Agent Services make sure your company stays in good standing by providing legal support when needed. If any issues arise regarding tax or regulation that needs further answering, they can provide expert advice.
Lower Publication Costs
New York requires publication in the local newspaper to take notice of being sued. This is not necessary with a registered agent service since the court knows they are taking responsibility for providing essential information, which saves money on your end.
Businesses looking to start a new venture in New York must research their mandated regulations.
If you go through all the trouble of forming an LLC or Corporation, it’s best to stay compliant with all filing requirements.
- A registered agent service in New York will provide the necessary forms and support needed to keep your business intact throughout its existence.
- A popular misconception is that having a registered agent automatically keeps you in compliance. However, this is not true.
- It’s important to note that the only duty of a registered agent is to accept service of process documents on behalf of their client, nothing more.
- Suppose any issues arise regarding tax or regulation that needs further answering. In that case, they can provide expert advice but do not offer legal counsel since they aren’t an attorney or law firm.
Some people wrongly believe that using a registered agent service gives your additional business privacy. Still, the truth is they are not much different than using yourself as the New York Registered Agent.
When you go this route, you must sign an acknowledgment to serve as your agent, which may leave you open to personal liability if something goes wrong.
Since these companies are private entities, they will not disclose the contents of received documents to third parties.
This may come in handy if you want to avoid any possibility of your competitors finding out about lawsuits against your company due to them reporting directly with the New York Department of State.
You have the freedom to request a New York Registered Agent service that will allow you to make changes in your company’s structure, along with court representation if needed.
The ability to change agents at any time you wish may come in handy should your current agent get sick or pass away unexpectedly.
With a New York registered agent service, you have access to an online database of all filed documents, which may come in handy should you need to search for or print old information.
Since they have a presence in nearly every state, you may be able to find a registered agent service that will offer better rates than someone operating exclusively in New York.
How Much Does a Registered Agent Cost?
It depends on what service you need and where your business is located. Some companies will offer a flat rate, while others charge by the event (service of process, publication in the local paper).
Even though they’re paid to take responsibility for receiving documents, it’s important to note that they are not obligated to give notice when such documents arrive.
When it comes to fees associated with New York registered agent services, there are typically three charges that will need to be considered: formation (I.E., creation), annual (I.E., renewal), and filings (i.e., entity status changes).
Most registered agent services will include filing fees for the first two years in their formation charge for new entities, while others will make you aware of this upfront.
When it comes to annual filings, some registered agents specializing in business and corporate law offer pricing based on the number of forms, while others set a flat fee, although prices can be negotiated, keep in mind that they’re not required to perform any work unless your company’s status changes.
Default Judgment and Administrative Dissolution
These are the two most common reasons why businesses get their entity status revoked in New York.
- The first occurs when a company doesn’t take action to defend itself against a lawsuit, which gives the plaintiff the right to obtain a court order requiring your business to be dissolved. If you want to avoid this from happening make sure you keep track of upcoming deadlines and respond accordingly.
- Administrative dissolution is an option if your company can’t meet minimum filing requirements or fails to make necessary annual filings during consecutive years. In this case, they have 30 days from when it’s ordered for them to file a statement of withdrawal with their office of the Secretary of State at which point they’re reinstated as a going concern. Once both conditions are met they must then file all outstanding reports and fees before their business status is reinstated.
How It Works: New York Registered Agent Service
- The first step to finding a New York registered agent is to search online. Some will offer flat rates while others are location-based. Should you notice that many are available near your company’s business address, it may be because they operate out of shared office spaces.
- To make sure you’re not working with someone who doesn’t have the proper insurance coverage, request proof of their general liability policy which should cover bodily injury or property damage resulting from the performance of services.
- Once you find an agent that meets your needs, request several quotes for personal service and email forms so both parties can agree on terms.
- Since this is an ongoing relationship, any changes to your company’s information must be forwarded immediately to ensure they’re kept up-to-date.
- Once you’re established with a registered agent service, refrain from contacting them directly when you need to file documents.
- To ensure compliance, the law requires that all documents be sent via certified or registered mail, which can then be forwarded or hand-delivered to their offices depending on what they offer.
When you’re just starting out it’s important to have someone in place that will meet your initial filing requirements. Since there are various types of entities available in New York State, some registered agent services provide formation packages for new companies looking to get their limited liability company (LLC), corporation, or non-profit status established quickly.
While they may not offer every option under the sun, these quick start office filing services typically include standard forms necessary to create an entity.
This means you’ll still need to file annual reports and pay applicable fees as well as set up a bank account, but having an experienced professional walk you through this process is much more helpful than trying to figure things out on your own.
If you’re looking to do business in New York but your company’s operations are based elsewhere, this service allows companies outside of the United States to register their existing entity.
As long as they’ve already been formed, your company can avoid having to start all over again by filing an application for qualification under Section 1511 which involves giving notice to the Secretary of State and paying $200 since they’ll need to publish a notice in two newspapers.
Change Agent Service
Once you’ve established a business relationship with a New York registered agent service, you can then appoint them to act as your change of agent for this process.
This aspect of the services offered is often overlooked and not discussed during negotiations, but it’s common practice since it allows companies to make sure their paperwork is up-to-date without having to keep track of themselves.
Since all changes made must be communicated in writing, it’s important that they’re filed correctly through either certified or registered mail. Otherwise, the Secretary of State may reject them on technical grounds which means there could be further delays before the process can continue.
Best New York Registered Agent Service
Whether you’re a new business owner looking for someone to handle your filing requirements or an established corporation in need of assistance transitioning the work to another party, finding the right registered agent service is important.
Since there are so many available options, it’s critical that you find one that fits your needs and budget – both now and in the future. Although they can assist with setting up bank accounts, incorporating, and other filings, some may not offer much beyond these services.
On the other hand, those who provide formation packages may also be willing to help make necessary changes as well as take care of foreign qualification requests. Others even prepare annual reports which means this aspect of your company’s compliance can be taken care of without having to worry about it.
Book of Business
Established in 1998, Book of Business is a Readington-based registered agent service that offers an array of solutions to help clients with compliance requirements.
- Book of Business provides representation services for more than 40,000 businesses around the world.
- The company serves as the legal address for their clients meaning they’re responsible for receiving official correspondence in relation to corporate matters. This also means working in tandem with the Secretary of State so paperwork can be filed in a timely fashion.
- No matter how big or small your business might be, their team will work diligently to ensure all transactions are completed within their set deadlines.
- A flat fee per year covers sales tax filing, EDD registration, and other forms essential when doing business in California.
- If you have existing entities being managed by another service, you can change your registered agent to Book of Business without filing separate forms.
- What’s more, they act as the legal address for their clients, meaning correspondence is received in relation to corporate matters. This also means working in tandem with the Secretary of State so paperwork can be filed on time.
- Book of Business offers a flat annual fee that covers sales tax filing, EDD registration, and other forms essential when doing business in California.
- They also act as the registered agent service for existing entities being managed by another service provider so there’s no need to file additional documentation.
Tips on choosing a New York registered agent service
It’s smart to hire a reliable registered agent, particularly if you do business in other states. If your paperwork is filed incorrectly, it can delay the registration process which might result in fines and penalties.
With the right registered agent, you’ll be able to avoid missing deadlines and costly mistakes.
- As with most things, hiring an affordable option may seem like a tempting idea at first but could lead to more problems down the line.
- On the other hand, choosing one that offers extensive services beyond managing filings may prove too expensive for some businesses so it pays to find one that has just enough features without charging excessive rates.
- Whether you’re still deciding on what type of business entity to use or looking for assistance transitioning work to another party, finding the right New York registered agent service is essential.
With so many options available, it’s important to find one that fits your needs and budget – both now and in future endeavors.
Can I Be My Own New York Registered Agent?
The short answer is no. There are certain formalities that must be completed by the New York Secretary of State for any company doing business within the state.
As an owner, officer, or director of your corporation, LLC, or limited liability partnership you could act as your own registered agent. However, this isn’t recommended as the Secretary of State will send all correspondence to you at the registered address which means it could be overlooked or ignored.
If there’s a non-service-related issue, how would anyone know? And what happens when someone submits necessary forms but they’re sent back because they’re not filled out correctly?
By hiring a reliable service to handle daily paperwork and filing requirements, you’ll avoid missing vital information that could impact your overall compliance. That said, you’ll still be responsible for certain notarization and procedural tasks.
What do I need to know before filing a New York business entity?
The incorporation process is quick and easy but there are a few things you should keep in mind before going forward.
For one, your company name must include the phrase Corporation, Incorporated or LLC – that way it’s easily distinguished from sole proprietorships as well as general partnerships that don’t have “LLC” after their names.
In addition, you’ll need to know how many shares of stock your corporation will hold as well as how much money it takes to start a new company in New York. Unlike other states, a standard yet detailed description of all issued and outstanding shares of stock is required during the filing process.
To avoid wasting time and money hiring a New York Registered Agent Service is always an easy choice.
Since the process of being served documents, maintaining records, and providing notice of being sued can get complicated, many companies will appoint themselves as their own agent for service of process letters.
In doing so, they create a liability for themselves that can have negative consequences by allowing another party to sue them personally.