How to Change a Registered Agent in New York

If you have a business in New York, you must have a registered agent and registered office. Registered agents are essential for businesses as the first point of contact, ensuring that the government and the public can reach the company during regular business hours. 

If you need to delegate a new registered agent or switch registered agent services, you must file with the New York Secretary of State. Changing a registered agent is simple, but you’ll have to make the required filings and pay the associated fees. Read on for how to change registered agents in New York.

The Process of Changing a Registered Agent in New York

Whether you have a corporation, partnership, or LLC in New York, you must maintain a registered agent and registered office. To change your registered agent in New York, you must file the Certificate of Change for Domestic Limited Liability Companies with the Secretary of State. 

You must pay a $30 filing fee for the Certificate of Change through a check, money order, or credit card. Checks or money orders should be made payable to the Department of State. The New York Certificate of Change must be submitted by mail, fax, or in person.

The form can be mailed to:

New York Department of State, Division of Corporations

One Commerce Plaza

99 Washington Avenue

Albany, NY 12231

New York specifies a few key criteria. First, the name of the limited liability company and the date of filing of the Articles of Organization must match the Department of State records. You can double-check this at the New York Department of State’s website. 

In New York, you’re not required to use the Certificate of Change form but may instead draft your own form or use a form available from legal supply stores. If you choose the latter, it’s important to consult an attorney for correct filing. 

What Are the Fees Associated With Changing a Registered Agent in New York?

To file the change of registered agent in New York, you must pay a $5 filing fee by money order, MasterCard, Visa, or American Express for Domestic corporations. You can request an expedited handling service. The New York Department of State will process a document within 24 hours for $25, the same day for $75 per document, or within two hours for $150 per document.

For domestic LLCs in New York, the change of registered agent filing fee is $30. 

How Long Does It Take to Change a Registered Agent in New York?

Changing a registered agent in New York takes time, as the processing times are currently delayed. All standard paper filings that you submit by mail, fax, or in person may take up to 120 days or four months to process.

Who Should You Notify About Changing Your Registered Agent in New York?

When changing registered agents in New York, you must notify the existing registered agent and get permission from the new registered agent. Depending on your operating agreement, you will generally need a resolution by the members or board of the organization. Once you file with the Secretary of State, you may also need to inform stakeholders and relevant government agencies and update the company’s operating agreement.

What Happens if You Fail to Change Your Registered Agent In New York?

If you fail to update filings after changing your registered agent in New York, you risk failing to receive critical information or service of process. You could face fines, penalties, or forced dissolution of the company. If you need to dissolve your LLC in New York legally, follow the steps outlined here to avoid the risk of forced dissolution.  

How Often Can You Change Your Registered Agent in New York?

You can change registered agents in New York as often as needed. Each time you do so, you must file a new Certificate of Change form with the Secretary of State of New York. You will also need to pay the $30 filing fee. 

The registered agent must have a physical street address in New York. You will need to update the Articles of Organization to reflect the new registered agent and the registered address. 

Changing Registered Agents in New York

Changing registered agent services in New York will protect your company and ensure you receive all government or public communication efficiently. If you move the company from another state or expand operations to New York, you’ll also need a New York registered agent. 

If you need help with a new LLC formation in New York, doola can help with formation and compliance. Additionally, simple bookkeeping services can support busy founders like you. Get doola Books here to get help with bookkeeping without hiring an accountant. 

FAQs