Can I be my own Registered Agent in NY?

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Deal alert! Northwest will form your LLC for $39 (60% discount). See details.

Yes, you can technically be your own Registered Agent in New York, but there’s no reason to be.

This is because New York is very different from most other states in that every Limited Liability Company (LLC) has the same Registered Agent by default. We’ll explain.

What is a Registered Agent in New York?

A Registered Agent is a person or a company who agrees to accept legal documents on behalf of your LLC if your business is involved in a lawsuit.

Note: If the New York Registered Agent is a company, it may also be called a Professional Registered Agent Service, or a Commercial Registered Agent Service.

And in New York, the New York Department of State is automatically the Registered Agent for all business entities, including LLCs.

There’s no form to fill out or special box to check when you form your LLC. This is just how New York State has decided to do things.

Note: Some states call the Registered Agent a Resident Agent or Statutory Agent. New York likes to use the term Agent for Service of Process. These all mean the same thing and we may use them interchangeably.

What does a Registered Agent do for an LLC?

Simply put, a Registered Agent receives and forwards legal mail when businesses are involved in lawsuits. The delivery of these legal documents (like a complaint or subpoena) is called Service of Process.

If your business is sued, the legal documents will be sent to your LLC’s Registered Agent. Then the Registered Agent will forward the documents to you in the mail.

For example: This means that if your New York LLC is involved in a lawsuit, the New York Department of State will accept Service of Process for your LLC. And then they will forward the documents to you.

Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.

(Why is Northwest the best? Read our Northwest Registered Agent review)

Can you list a second NY Registered Agent?

Yes, you can list a second Registered Agent (like a Commercial Registered Agent) in your LLC filing.

There are 2 benefits to doing this:

  • To save money on the New York LLC publication requirement
  • To keep your address off public record

How to save money on the New York LLC publication requirement

New York requires all LLCs to publish 2 newspaper ads within 120 days of formation. Depending on your LLC’s location, this can become expensive quickly.

For example, if your LLC is located in one of the five boroughs of New York City, the New York City newspapers’ ads can cost around $1,000 to complete the state requirements..

A Registered Agent Service won’t publish the ads for you.

However, you can save a lot of money on publication costs by using Northwest Registered Agent’s address on your LLC paperwork to publish your ads in a more affordable county.

For step-by-step instructions on publishing your LLC ads, see our free guide on New York LLC publication requirements.

Note: If you’re located in a county where publication is affordable, you don’t need to use this strategy.

Our recommendation for a New York Registered Agent Service

We recommend Northwest Registered Agent.

Northwest has been the best Registered Agent Service in the business for over 20 years.

Hiring Northwest Registered Agent can keep your address off public record, and save money on the publication requirement.

Northwest’s New York street address is located in Albany County. And Albany County has the cheapest newspaper publication fees in the state.

If you hire Northwest to be your Registered Agent, they’ll let you use their Albany address on your LLC filing. This can save you money on the publication costs by publishing your ads in an inexpensive county.

You can also use this strategy with Northwest Registered Agent to keep your physical address off public record.

How to keep your address off public records with Northwest

After you finish publishing your ads, you can continue using Northwest’s business address (to keep your physical street address off public records). Or you can update the LLC’s address to be your own street address.

Note: If you’re not concerned about this and you’re located in a county where publication is affordable, then you don’t need to hire a Commercial Registered Agent in New York. This will save you money.

Special discount for LLC University® readers

In addition to Registered Agent services, Northwest can also form your LLC.

Northwest usually charges $100 + state fees to form a New York LLC. But they offer a special price (60% off) for LLC University® readers.

Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.

(Why is Northwest the best? Read our Northwest Registered Agent review)

More information on New York Registered Agents

Check out our free New York Registered Agent lesson for more detailed explanations and requirements.

And if you’d like to list a second Registered Agent, we’ll guide you through your options and how to choose a Registered Agent.

New York Registered Agent FAQs

Is a Registered Agent a Member of an LLC?

No, a New York Registered Agent isn’t automatically an LLC Member (aka owner).

Meaning, just listing someone as a Registered Agent doesn’t make them a Member of your LLC.

Learn more: Registered Agent vs LLC Member

Is a Registered Agent required in New York?

Yes, a Registered Agent is required in New York, per state laws.

Unlike most states, New York automatically makes the New York Department of State the Registered Agent for all LLCs.

That said, you may want to hire Northwest Registered Agent Service to save money on the publication requirement, or to keep your physical address off public record.

Matt Horwitz
Matt Horwitz
Matt Horwitz is the leading expert on LLC education, and has been teaching for 15 years. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.

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1 comment on “Can I be my own Registered Agent in New York?”

Disclaimer: Nothing on this page shall be interpreted as legal or tax advice. Rules and regulations vary by location. They also change over time and are specific to your situation. Furthermore, this comment section is provided so people can share their thoughts and experience. Please consult a licensed professional if you have legal or tax questions.

  1. Hello. I am in NYC and I hired a company to be my registered agent in NYS for the first year and now I want to be my own. I know NYS is one of those state that the Department of State is your registered agent by Default. Now, I want to be either my own registered agent or return the power to the Department of State. What and how should I do it if I want to the NY Department of State?

    Reply

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