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ZenBusiness
$0 + State Fees
Varies By State & Package
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Tailor Brands
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Northwest Registered Agent
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The Best New York Registered Agent Services
Forbes Advisor Ratings
What Is a Registered Agent?
A registered agent is an individual or business entity appointed to receive official mail and legal documents on behalf of a business, such as a corporation or LLC.
The primary duty of a registered agent is to receive important documents, including legal notices, tax forms and other official correspondence. Most importantly, registered agents must always be available during regular business hours, typically Monday through Friday from 9 a.m. to 5 p.m., to receive these vital documents. By law, the registered agent is required to have a physical address where the business is registered, serving as the designated contact point for mail delivery.
Some privacy concerns may arise for individuals who do not wish to disclose their personal address as the registered agent. In such cases, commercial registered agent services are available as an alternative. These services provide a professional address for the registered agent, ensuring privacy and maintaining the necessary legal compliance.
New York Registered Agent Requirements
According to Section 302 of the Limited Liability Company (LLC) Law in New York, every domestic LLC or authorized foreign LLC must designate a registered agent for service of process, in addition to the Secretary of State. This registered agent is the individual or entity upon whom legal documents and official notices can be served on behalf of the LLC.
The requirements for a registered agent in New York can be any of the following:
- A natural person who is a resident of New York or has a business address within the state
- A domestic LLC or an authorized foreign LLC
- A domestic corporation or a foreign corporation authorized to conduct business in New York
If the registered agent chooses to resign from their position, they must file a certificate with the New York Department of State titled Certificate of Resignation of Registered Agent of (name of the LLC) Under Subdivision (d) of Section 302 of the Limited Liability Company Law. This certificate must be executed by the registered agent and should include the necessary information related to the resignation.
- The name of the limited liability company, or the name under which it was originally formed if it has been changed. For foreign LLCs, the certificate should include their name and any fictitious name agreed upon for use in New York, as per Section 802 of the LLC Law.
- The date when the articles of organization or application for authority was filed with the Department of State.
- A statement indicating the resignation of the registered agent from their position.
- Confirmation that a copy of the certificate of resignation has been sent by registered mail to the limited liability company at the post office address on file with the Department of State for the mailing of process. If the registered agent’s address is the same as the company’s office address in its jurisdiction of formation, the copy should be sent to that office.
Once the certificate of resignation is filed with the Department of State, the designation of the registered agent will terminate after 30 days. During this period or thereafter, the LLC can deliver a new certificate designating a new registered agent to the Department of State.
How To Choose a New York Registered Agent Service
In contrast to other states, New York businesses do not have the option to choose their own registered agent initially. Instead, the New York Department of State, also known as the Secretary of State or Division of Corporations, automatically serves as the default registered agent for all New York businesses.
While the New York Department of State acts as the initial registered agent, business owners are still required to provide a physical address where all legal documents can be forwarded. Although this is optional, it allows for added flexibility and convenience in managing legal correspondence for the business.
If you choose to use a registered agent in New York, there are several factors to consider. Here are some key things to look for:
- Compliance: Ensure that the service provider is compliant with the requirements set forth by the New York Department of State. They should be authorized to conduct business in the state and have a physical address in New York.
- Availability: All registered agents should be available during normal business hours to receive legal documents on behalf of your business.
- Confidentiality: The registered agent should prioritize the confidentiality of your business information. Most providers have a secure system in place to protect your data and privacy.
- Communication: Clear and consistent communication is important; confirm the registered agent provider has a system in place to notify you of any incoming correspondence.
- Expertise: Look for an agent who can provide ongoing guidance and support along with knowledge of New York laws and regulations.
- Additional services: If you need additional services, consider which provider aligns with your business needs. Some providers offer business formation.
- Reputation: Look for reviews and ratings regarding the reputation of the registered agent. What is their level of customer satisfaction and reliability?
These factors can help you when choosing a registered agent in New York. It is important that the agent you choose can meet your business requirements as well as ensure compliance with legal obligations.
Featured Partners
1
ZenBusiness
$0 + State Fees
Varies By State & Package
2
Tailor Brands
$0 + state fee
Varies by State & Package
3
Northwest Registered Agent
$39 + State Fees
Varies By State & Package
Methodology
Forbes Advisor recently conducted a comprehensive evaluation of 15 registered agent service providers in the state of New York. The goal was to determine the top options available in the market. We looked into various factors such as multistate support, same-day document delivery, user experience, reputation, customer support and pricing. The objective was to identify the most dependable, cost-effective and user-friendly services. Each criterion was assigned a weighted score, and the registered agent services with the highest scores were included in the final list.
Pricing:
The pricing of each registered agent service provider was thoroughly researched, focusing on their transparency and affordability. Providers that openly displayed their pricing plans received higher ratings. Additionally, companies offering free registered agent services for the initial year, when utilizing their business formation services, were given special consideration. The pricing and affordability aspect accounted for 20% of the overall evaluation score.
Service and Support:
In order to evaluate the customer support provided by each registered agent provider, we took into account the range of support options available. This involved assessing whether they offered phone support, live chat, 24/7 customer care and access to online knowledge base resources. The quality of service and support accounted for 15% of the total score.
General Features:
The general features provided by registered agent providers played a large part of our scoring process, accounting for 30% of the total score. This category encompassed various factors, including the provider’s capability to handle multiple states, same-day document delivery, business formation filing and user-friendly features. We evaluated the overall value and functionality offered by each registered agent service.
Mobile App:
We took into consideration the availability of mobile apps offered by the registered agent service and assigned a rating that accounted for 5% of the total score. Providers that offered mobile app functionality for both Android and Apple platforms received higher scores in this category, as it indicates added convenience and accessibility for users.
Customer Reviews:
In order to assess customer satisfaction and user experiences, we collected ratings and feedback from various platforms such as Trustpilot, G2, Capterra and BBB. This component contributed to 10% of the overall methodology score. Each registered agent service provider was given a score based on their customer reviews, ranging from 0 (lowest) to 5 (highest). This allowed us to evaluate the level of customer satisfaction.
Expert Score:
The expert score was determined by assessing various factors, including standout features, value for money, ease of use and popularity among the public. We also considered security features, additional services, money-back guarantees and exceptional customer support when assigning this score. The expert score contributed to 20% of the overall rating, providing valuable insights into the overall quality and appeal of the service.
By considering these factors and assigning weighted scores, we were able to identify the best New York registered agent services that met our criteria for reliability, convenience and customer satisfaction.
State Registered Agent Services Guides
Belle Wong, J.D., Jeff White, Katherine Haan and Natalie Cusson also contributed to this article.
Frequently Asked Questions (FAQs)
Do I need a registered agent in New York?
According to New York state law, all domestic and foreign business entities must have a registered agent in the state.
How do I appoint a registered agent in New York?
To appoint a registered agent in New York, you need to choose a registered agent, obtain their consent and complete and file the necessary forms (such as Certificate of Incorporation for corporations or Articles of Organization for LLCs). The registered agent must have a physical address in the state of New York and be available during normal business hours.
How do I change a registered agent in New York?
To change your registered agent in New York, you need to obtain written consent from the new registered agent and complete the appropriate form: Certificate of Change of Address of Registered Agent. The certificate of change must be enclosed in a white cover sheet with the title of the document including the name and address of the person to whom the receipt should be mailed to. Include the statutory fee of $5 and send to: New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Can I be my own registered agent in New York?
In New York, the Secretary of State automatically serves as your registered agent when forming an LLC. In this case, the New York Secretary of State will mail you any legal documents they receive on your behalf. If you prefer, you can also use a second registered agent such as a commercial registered agent.
Should I pay a company to act as my registered agent?
Hiring a registered agent service instead of serving as your own registered agent in New York can provide numerous advantages. These professional service providers specialize in managing legal documents and ensuring compliance with state regulations along with protecting your privacy. Many service providers also offer additional services such as hassle-free LLC formation filing, legal services and much more.
