New York LLC Registered Agent Rules
Q: What are the registered agent rules in New York?
A: New York LLCs must have the Secretary of State serve as the statutory agent for service of process under N.Y. Ltd. Liab. Co. Law § 301. You may also designate an additional registered agent with a New York address. Members can serve as registered agents. To change your agent, file a Certificate of Change with the Department of State for a $30.00 fee.
Mandatory Statutory Agent
The Secretary of State automatically serves as your LLC's statutory agent for service of process under N.Y. Ltd. Liab. Co. Law § 301. This requirement cannot be waived or eliminated. All legal documents and service of process are delivered to the Secretary of State on your LLC's behalf.
Additional Registered Agent
Under N.Y. Ltd. Liab. Co. Law § 302, you may designate an additional registered agent with a New York address. This agent receives copies of legal documents alongside the Secretary of State. Members, managers, or employees of your LLC may serve as the additional registered agent—no third-party service is required.
Changing Your Registered Agent
To change or add a registered agent, file a Certificate of Change with the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code. The filing fee is $30.00. No consent from the current agent is required.
File online: https://filing.dos.ny.gov/
Mail to: One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231
Contact: (518) 473-2492
Key Requirements
Your additional registered agent (if designated) must maintain a physical address in New York. The address must be current and capable of receiving legal documents reliably. Verify your registered agent information in the New York business records database at https://apps.dos.ny.gov/publicInquiry/ to confirm accuracy after filing any changes.
Because the Secretary of State is your automatic statutory agent, you cannot operate without registered agent representation. Even if you do not designate an additional agent, the Secretary of State will receive all service of process documents on your LLC's behalf.
This is general information, not legal advice.