Why New York requires a resident agent
New York turns the usual model around: the Secretary of State must serve as agent for service of process for every corporation and LLC, domestic or authorized foreign, and a resident agent is an optional addition. If you designate one, the agent must be a natural person who resides in NY or has a NY business address, or a corporation formed in NY or authorized to do business there, and for LLCs a domestic LLC or authorized foreign LLC also qualifies. N.Y. Bus. Corp. Law § 305(a); N.Y. Ltd. Liab. Co. Law § 302(a)-(b)
What happens if you lapse
- If the person or firm whose address is on file to receive process resigns and the corporation files no certificate designating a new address, New York suspends its authority to do business unless the address is supplied by a current biennial statement, and filing the new address annuls the suspension. N.Y. Bus. Corp. Law § 306-A(b)-(c)
- A corporation that does not file its biennial statement, which keeps its address for process current, is listed as past due once 30 days pass and becomes delinquent after two years and 60 days notice, and the delinquency is lifted only when the current statement is filed and a $250 fine is paid. N.Y. Bus. Corp. Law § 409(1)-(2)
Switching to us
We prepare and file the change of resident agent for you. New York charges $30 for an LLC Limited Liability Company Law 1101(v) and $30 for a corporation Business Corporation Law 104-A(f).
Official New York links
- New York Department of State - (518) 473-2492 press '9' for english
- Business entity search
- Forms
- Annual report filing
Frequently asked
Do I need a resident agent in New York?
Almost every state does, and the New York rule is set out above with its citation. Where the law leaves a choice, a resident agent is still the practical way to make sure service of process reaches you.
How much does New York resident agent service cost?
$129 a year, with no setup fee, the same price in all 50 states plus DC, Puerto Rico and the U.S. Virgin Islands. Service of process is received and scanned the same business day.
Can I switch my New York resident agent to ResidentAgents.com?
Yes. Order online and we prepare the change of agent filing for you; the state's filing fee is shown on this page.
Source: incFACTS, New York (statutes and fees as retrieved 2026-08-04). The facts on this page are restated in our own words with the citations kept, under the incFACTS cite guide.
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