How to Change a Registered Agent in Westchester, NY

A registered agent, also known as a resident agent or statutory agent, is your organization’s official point of contact for legal and government correspondence. Every business needs a good registered agent to stay up-to-date and quickly respond to legal and regulatory changes. But maybe you’ve moved or you’re receiving sub-standard service from your current registered agent — you don’t necessarily need to stick with the same registered agent. 

Whatever the reason, when you decide to change your resident agent, you must follow an effective and efficient process. 

In this guide, we’ll look at how to change a registered agent in Westchester, NY. We’ll offer advice and shed light on the procedures and the need for compliance in this crucial business process.

The Process of Changing a Registered Agent in Westchester, NY

In many jurisdictions, like Westchester, NY, the appointment of a registered agent is a legal requirement. But that doesn’t mean you have to stick to the same agent as long as your business is around. Here’s a guide on how to change a registered agent in Westchester, NY.

Review the State Requirements

Before you start, review the New York Department of State requirements. Different states have different rules and processes, so understand the local regulations before changing. At the moment the New York State requirements are simple. Download the Certificate of Change from the Department of State’s website. You will have to complete it and submit the request for change. 

Identify the New Registered Agent

Choose a new registered agent for your business. The agent could be an individual, or you could opt for a professional organization providing registered agent services. Your chosen agent must have a physical address in Westchester, NY. Choose an agent that operates during regular business hours to receive your documents.

Notify Your Current Registered Agent

Before making the change, you should check your registered agent contract. It may include terms and conditions for termination of the agreement. Your current registered agent can help to streamline the changeover, so inform them of the change and provide them with any necessary documentation.

Prepare the Required Documentation and File

To change your registered agent, you must file a Certificate of Change with the New York Department of State. Section 805-A(b) of the business corporation law governs the Certificate of Change form requirements. 

Once you have completed the Certificate, fold it into a white sheet of paper containing the name and address of the person to whom the department must send the filing receipt. A $5 filing fee must accompany the form, which can be mailed or delivered to the New York Department of State. 

Check the official name of your corporation and the incorporation date on the State Department website. Errors are not acceptable and will delay the process.  

Update Internal Records and Monitor Communication

Update your internal records to reflect the new registered agent once the change is successfully concluded. You will have to make changes to documents like your operating agreement and Articles of Incorporation or Organization. 

Ensure the new registered agent receives legal documents and official notices on your behalf and monitor their performance.

Confirm Changed Information

Once the State Department confirms the change, review its business entity register to ensure that it accurately reflects the information. In this way, you can avoid any future problems.

What Are the Fees Associated with Changing a Registered Agent in Westchester, NY?

The fee for changing a registered agent in Westchester, NY, is $5. You can pay using a money order payable to the Department of State. Credit and debit card payments are also acceptable on completion of the application (available on the website).  

If your change is time-sensitive, you can also pay for expedited services as follows:

• $25 per document processed in 24 hours
• $75 for same-day processing
• $150 for two-hour processing

How Long Does It Take to Change a Registered Agent in Westchester, NY?

You can expect the State Department to complete your change of registered agent within seven days of filing the change request. If you can’t wait that long, you can pay for an expedited change and have the change in place in two to 24 hours. 

Who Should You Notify About Changing Your Registered Agent in Westchester, NY?

It is in the interest of your business to inform all interested parties when changing your registered agent. Here is a list of the organizations that must know about the change:

• Your current registered agent: Notify your current agent so that they know when to end their services. 
• Legal advisor or attorney: Your lawyer can offer legal guidance during the change. They also need to ensure the delivery of all legal correspondence to the correct address.
• Internal stakeholders: Directors, managers, and other relevant internal stakeholders must have the correct registered agent details.
• Financial institutions: Banks and other financial institutions, like insurance agencies, must have up-to-date contact information. 
• Tax agencies: Tax authorities may need accurate contact information to send letters. 
• Clients and business partners: Key business partners and suppliers may need to know about the changes.

What Happens if You Fail to Change Your Registered Agent in Westchester, NY?

Failing to change your registered agent in Westchester, NY, can have serious consequences for your business. Here are some of the outcomes you could expect:

Legal Consequences

Your registered agent is designated to receive all legal documents and official notices. Legal documents may be sent to the wrong address if you fail to update the contact information. If you don’t receive the documents, legal proceedings may progress without your knowledge. Default judgments against your business could follow.

Administrative Dissolution or Forfeiture

Failure to maintain a registered agent in New York State may lead to administrative dissolution. You may forfeit your business entity. The state may no longer legally recognize your business, with severe consequences.

Fees and Penalties

States can impose fees and penalties for non-compliance with registered agent requirements. 

Inability to Receive Important Documents

Your business may not receive important documents like tax notices, regulatory communications, or official government agency correspondence. Complications, fines, or penalties could follow.

How Often Can You Change Your Registered Agent in Westchester, NY?

There are no limits on the number of times you can change your registered agent in Westchester, NY. However, frequent changes may raise concerns among the authorities and other business stakeholders. 

Frequent changes could raise unnecessary costs and disrupt communications. You may also have to update your internal documentation every time you change your registered agent, creating even more expense. 

Let doola Help Keep Your Business Informed and Compliant

By understanding the state’s requirements and following the necessary steps, you can change from one registered agent to another without sacrificing business efficiency. A reliable registered agent serves as your official business contact, helps you maintain operations across state lines, and gives your business a level of privacy. 

As you operate your business, consider looking for professional advice to navigate for a smooth transition. doola helps businesses through every step of the business process, from the heady days of starting a new business to business closure. 

If you’re considering a change of registered agent in Westchester, NY, call doola for effective and efficient service. Let doola take care of the legal aspects of your business, while you take care of future business prospects. 

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