How To Change A Registered Agent In New York? (Guide)

Delina Chantel Yasmeh
Published by Delina Chantel Yasmeh | Author
Last updated: June 21, 2024
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If you're looking to change your registered agent for your New York LLC, there are certain steps you'll need to take.

While changing your registered agent is simple, you must ensure you take the proper steps to complete the change successfully.

Our LLC experts have been handling similar cases for years, and with extensive knowledge in this field, we can provide you with the guidance and support you need. In this article, we'll help you learn how to change your registered agent easily.

Quick Summary

  • To change your registered agent in New York, you must submit a Certificate of Change of Registered Agent to the New York Department of State.
  • You have the option to either file the required paperwork by yourself online, use a professional service or send it by mail/fax. 
  • The US Small Business Administration notes that 99.8% of New York's businesses are small, emphasizing the need for proper legal representation through registered agents.
  • From my perspective, the role of a registered agent is often underestimated, yet it's fundamentally essential for maintaining your business's legal standing in New York.

How To Change Your New York Registered Agent?

To change your New York registered agent, you need to fill out and submit a Certificate of Change form to the New York Department of State [1].

Drawing from my experience, you can file the form online, by mail, in person, by fax, or use a professional registered agent service to change your agent.

1. Changing Your Registered Agent Using A Professional Service

Holding a document with different people in the background

Given the significant growth in new businesses, with 78,100 establishments opening in New York between March 2021 and March 2022, as per statistics by the US Small Business Administration, many entrepreneurs might find themselves needing to change their registered agents [2].

If you're among this burgeoning group and prefer to use a New York registered agent service, you will need to follow these steps:

  • Choose a reliable registered agent service.
  • Provide the necessary information to your new LLC registered agent.
  • Sign the necessary documents.
  • Pay the New York Certificate of Change state fee of $30 plus the service charge.
  • Update your business records.

Your professional service will file a Certificate of Change of Registered Agent with the New York Department of State on your behalf.

"Registered agent services can be helpful if you don't have enough time or knowledge to handle the change of LLC registered agent."

-Jon Morgan, Co-Editor & Co-Founder of Venture Smarter

2. Changing Your Registered Agent Online

You can file the Certificate of Change with the New York Department of State online by following these steps:

  • Access the New York Department of State's Online Filing System: Visit the New York State Department of State's website and navigate to the online filing system for business documents.
  • Create or Log In to Your Account: If you don't already have an account, you will need to create one. Otherwise, log in with your existing credentials.
  • Select the Correct Form: Look for the "Certificate of Change" form. This form should be available in the section relevant to your business type (LLC, corporation, etc.).
  • Fill Out the Form: Enter all required information, such as your business name, the current registered agent's details, and the new agent's details.
  • Pay the Fee: There will be a fee of $30. Payment methods usually include credit cards or bank transfers. During our submission, we paid the fee using American Express.
  • Submit the Form: After payment, submit the form electronically.  For our company, once we submitted the form, we received a confirmation email with details of our submission.

3. Changing Your Registered Agent By Mail, In-Person, or Fax

Shaking hands outdoors after changing a registered agent in New York

To change your agent in New York by mail, In-person, or fax, you must use the appropriate form based on your type of business.

  • Download the Certificate of Change Form: The form is available on the New York Department of State's website. Print it out after downloading.
  • The forms that can be used for changing your registered agent include the following:
  • Complete the Form: Fill in all necessary fields with accurate information about your business and the new registered agent.
  • Attach the Fee: Pay the state fees and include a check or money order. Please note that the fee for nonprofits is $20, and for all other entities, it is $30.
  • Submission: If you want to mail in the form, send it or take it to the following address:

New York Department of State
Division of Corporations, State Records, and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001

For one of our corporations. we faxed the form by sending it to the following number: (517) 474-1418

After submitting the form via fax, we also received a confirmation of receipt from the New York Department of State.

After we had completed the submission process, the registered agent for our corporation was changed within 24 hours as we paid an additional $25 for expedited service.

The SOS also offers other expedited services, such as same-day delivery for $75 per document or within two hours for $150 per document.

Learn more about what is a registered agent for a non-profit?

Related articles:

Who Can Be A New York Registered Agent?

Group of senior executives having a dicussion

Any individual who is a resident of New York or a corporation authorized to do business in the state can be a registered agent in New York.

For the business to operate in New York, the registered agent must have the following:

  • A physical street address located in the state
  • The agent must be on duty during normal business hours to receive legal documents and essential correspondence on behalf of the business.
  • Must be of legal age if it's an individual

FAQs

What Happens If I Don’t Have A Registered Agent In New York?

Failing to maintain a registered agent may result in penalties, including the potential for dissolution of your business.

Can I Change My Registered Agent At Any Time?

Yes, you can change your registered agent at any time, provided you file the necessary paperwork and pay the fee​.

Can I Be My Own Registered Agent In New York?

Yes, you can be your own registered agent in New York if you meet the state requirements.

Reference:

  1. https://dos.ny.gov/system/files/documents/2023/01/1556-f.pdf
  2. https://advocacy.sba.gov/wp-content/uploads/2023/11/2023-Small-Business-Economic-Profile-NY.pdf

 

About The Author

Author
Delina Chantel Yasmeh, J.D./Tax LL.M, specializes in Mergers and Acquisitions at Deloitte and PwC, managing billion-dollar transactions. Educated in Accountancy at California State University and holding advanced degrees from Loyola Law School, she is highly skilled in tax law. Delina also dedicates time to pro bono work for women and children.
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Growth & Transition Advisor
LJ Viveros has 40 years of experience in founding and scaling businesses, including a significant sale to Logitech. He has led Market Solutions LLC since 1999, focusing on strategic transitions for global brands. A graduate of Saint Mary’s College in Communications, LJ is also a distinguished Matsushita Executive alumnus.
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