Can Secretary Of State Act As Registered Agent For Llc In Ny

What is a New York Registered Amanuensis (and why is it so confusing)?

When it comes to forming an LLC, New York is a country with a lot of quirks (things that are exterior of the norm).

The biggest quirk is the paper publication requirement, which is a major expense for most people if they don't follow a publication strategy. The land requires that all LLCs in New York publish 2 ads in the newspaper inside 120 days of formation.

And the 2nd biggest quirk is nigh Registered Agents, or more particularly, the delivery of service of process.

In near states, a Registered Agent is required to class an LLC. A Registered Agent is a person or company who agrees to accept legal mail (known as "Service of Procedure for an LLC") on behalf of your LLC in case your business gets sued. A Registered Agent can be a person, similar the owner of the LLC, or a professional person Registered Amanuensis company, too called a Commercial Registered Agent.

However, Section 301 of the New York LLC Statute states (among other things):

The Secretarial assistant of State shall be the agent for every LLC upon which procedure may be served. No LLC may be formed in New York unless its Articles of Organization designates the Secretary of State as the agent for service of process.

Said another way, the Secretary of State acts as the agent for all LLCs in the country.

To further complicate things, the land will allow an LLC to also have a Registered Agent listed.

So if the state acts as the agent for all LLCs (and requires information technology), what would exist the point of hiring a Registered Agent for your New York LLC?

How it works:

The answer is the newspaper publication requirement.

Since the county location of the LLC's office dictates where the newspaper ads must be published, hiring a Registered Agent (one located in an affordable canton, similar Albany) who will allow yous employ their address can salve you a lot of money.

For people in the 5 boroughs, this tin salvage you $1,000 or more on newspaper fees.

In order to publish your ads in an Albany county, we recommend hiring Northwest Registered Agent ($125 per year).

This will let you to use their Albany address and publish your newspaper ads in that county. A few months later (in one case all the publication requirements are met), you tin can change your address if needed.

Too, Northwest Registered Agent will allow you use their accost throughout your Articles of Organization (county location/office address, address for forwarding of service of process, organizer's accost, and filer'due south address) in order to keep yours off public tape.

This privacy feature is offered at no additional cost. We observe this particularly helpful, since so much junk postal service gets sent to the address you list in the Articles of Organization.

Special discounted pricing for LLC University® readers

Northwest usually charges $100 + state fees to form an LLC. However, we've negotiated a discounted rate (60% off) for LLC University® readers.

They won't publish your ads for you (we'll show you how to do that here), however, they'll assistance salve you money on your paper fees and they'll keep your address off of public records.

Founder & Educator, LLC University®

Matt Horwitz has been the leading expert on LLC education for the past decade. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC that other companies weren't offer. He's cited by Entrepreneur Mag, Yahoo Finance, and the US Chamber of Commerce, and was featured past 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 assay to convert state laws into simple instructions anyone tin can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.