New York doesn't require a registered agent. Under LLC Law section 301 and Business Corporation Law section 305, the Secretary of State is the agent for service of process for every New York LLC and corporation, and it mails papers to the address you give it. You can add a registered agent as well, and if that agent resigns, the designation ends 30 days after the resignation is filed.
If you've formed a company in another state, New York can look odd. Most states make you name an agent with a street address before they'll file your formation papers. New York works the other way round: the state is your agent by law, and a registered agent is an optional extra. Here's how that works, and when adding one makes sense.
The Secretary of State is your statutory agent
LLC Law section 301(a) says the Secretary of State is the agent of every domestic LLC whose articles of organization make that designation, and of every foreign LLC on which process may be served. Section 301(b) says no LLC can be formed or authorized to do business in New York unless its articles of organization or application for authority designate the Secretary of State this way.
When someone sues the company, they can serve the Secretary of State, who then mails a copy to the post office address on file. If you've given an email address, the state can send an email notice that process has been served electronically. The address on file stays in place until you file a certificate or other instrument changing it.
Corporations work the same way. Business Corporation Law section 305 starts with in addition to such designation of the secretary of state, because the state is already the corporation's agent.
Why the address on file matters so much
Because the state forwards papers rather than holding them, the mailing address is the weak point. If it's an old office or a former partner's home, legal papers about a claim against your company could go somewhere nobody's checking. That's the reason New York asks LLCs and corporations to confirm the address every two years in a biennial statement, and why it's worth checking now if you haven't looked since you formed the company.
Adding a registered agent in New York
LLC Law section 302(a) says that in addition to the Secretary of State, an LLC may designate a registered agent upon whom process can be served. The agent can be:
- a natural person who is a resident of New York or has a business address in New York
- a domestic LLC or an authorized foreign LLC
- a domestic corporation or a foreign corporation authorized to do business in New York
For corporations, section 305(a) allows a natural person who lives in New York or has a business address there, or a domestic or foreign corporation formed or authorized in the state. Section 305(b) says the designation can be made, revoked or changed by filing the appropriate certificate.
When a registered agent is worth having
A registered agent adds a person who gets papers directly, rather than waiting for the state to post them on. Owners usually add one when:
- they don't have a reliable New York mailing address of their own
- they don't want a home address on the public record
- they'd like a professional to log and forward papers quickly
- the company is managed from outside New York
It's a convenience, not a legal requirement. You can run a New York LLC for years with only the Secretary of State as agent, as long as the mailing address is right.
How a New York registered agent resigns
Under LLC Law section 302(d), an agent resigns by filing a certificate of resignation with the Department of State. It must state the LLC's name, the date its articles of organization or application for authority were filed, that the agent resigns, and that the agent has sent a copy by registered mail to the LLC at the address on file for process.
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Section 302(e) says the designation ends 30 days after the certificate of resignation is filed. The LLC can file a certificate naming a new registered agent during that time or afterwards. For corporations, section 305(d) sets the same 30-day rule, ending the designation 30 days after the department files the resignation or a certificate revoking or changing the designation, whichever is earlier.
Paperwork piles up fast, so our biennial statement walkthrough is worth bookmarking.
New York fees connected to agents
LLC Law section 1101 sets these fees, as of October 2026:
| Filing | Fee |
|---|---|
| Resignation of a registered agent of an LLC | $20 |
| Biennial statement of the address for process | $9 |
| Articles of organization (for comparison) | $200 |
| Application for authority of a foreign LLC (for comparison) | $250 |
Deadlines and forms for another filing are listed in our Delaware registered agent explainer.
A quick New York checklist
- Make sure your articles designate the Secretary of State, which the law requires.
- Give a mailing address that someone checks every week.
- Decide whether a registered agent adds enough to be worth it for your company.
- If your agent resigns, name a new one or confirm your address within the 30 days.
- If you're forming now, our New York LLC guide covers publication and fees, and the general registered agent guide compares other states.
Frequently asked questions
Do I need a registered agent in New York?
No. The Secretary of State is the statutory agent for every New York LLC and corporation. A registered agent is optional under LLC Law section 302 and Business Corporation Law section 305.
Who can be a registered agent in New York?
For an LLC, a natural person who lives in New York or has a business address there, a domestic or authorized foreign LLC, or a domestic or authorized foreign corporation.
How does a New York registered agent resign?
By filing a certificate of resignation with the Department of State and sending a copy by registered mail to the company. The designation ends 30 days after filing.
How much does it cost to resign as a New York registered agent?
The fee for the resignation of a registered agent of an LLC is $20 under LLC Law section 1101, as of October 2026.
Where does the New York Secretary of State send legal papers?
To the post office address the company has on file for process, and by email notice if an email address has been designated. You keep it current with the biennial statement.
