Selecting the right name is an essential first step for your New York LLC, requiring you to ensure the name’s availability. Searching the NY business entity database is vital to avoid infringing on existing business names and intellectual property rights within the state.

Our New York LLC name search guide offers essential tips on checking LLC name availability in New York, reservation, and registration, helping you secure a unique and compliant business identity efficiently.

How Do I Look Up an LLC in New York?

Summary: To look up an LLC in the state of New York, you can follow these steps:

1. Search the New York Corporation and Business Entity Database.
2. Click on the “Search Corporations” tab on the left-hand side of the page.
3. Select “Entity Name” from the drop-down menu.
4. Enter the name of the LLC you are searching for in the “Entity Name” field. You can search for an exact match or use a partial name search.
5. Click on the “Search Corporations” button.
6. If the LLC is registered in the state of New York, its information should appear in the search results. You can view the entity’s filing date, status, jurisdiction, and other details.
7. If you need additional information or assistance, you can contact the New York State Department of State’s Division of Corporations at (518) 473-2492 or via email at corporations@dos.ny.gov.

New York Secretary of State (Contact)

Mailing Address

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

Physical Address

One Commercial Plaza
99 Washington Ave.
Albany, NY 12231

Hours: Monday–Friday, 8:45 a.m.–4:30 p.m. ET

Email: Corpinfo@sos.New York.gov

Phone: (518) 473-2492

What is a New York Business Entity?

A New York business entity is a business that is legally recognized and registered to operate within the state of New York. The formation and regulation of these entities fall under the jurisdiction of the New York Department of State’s Division of Corporations.

Like in most states, there are different types of business entities that can be formed in New York, such as:

1. Sole Proprietorship: This is the simplest type of business entity. It’s owned and operated by a single person, and there is no legal distinction between the owner and the business. All the business’s income and liabilities are considered to be the owner’s personal income and liabilities.
2. Partnership: This is a business entity owned by two or more people who share the profits and losses of the business. There are different types of partnerships, such as general partnerships, limited partnerships, and limited liability partnerships, each with different structures and levels of personal liability for the partners.
3. Corporation: This is a legal entity that is separate and distinct from its owners, who are known as shareholders. Corporations provide the most protection from personal liability but are subject to corporate taxation and have more complex formation and reporting requirements.
4. Limited Liability Company (LLC): This is a business structure that combines the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. The owners of an LLC are known as members, which can be individuals, corporations, other LLCs, or foreign entities.

New York Department of State Entity Name Search

To establish a business entity in New York, the appropriate formation documents must be filed with the New York Department of State, and a filing fee must be paid. The exact process, costs, and documents required depend on the type of entity.

New York LLC Lookup Guide

New York LLC Entity Search: A New York LLC search (also known as a New York Business entity search) is a search that is used to find information about an existing business or to determine if the name you are looking for is available in New York.

The following information is typically what is searched for when searching for information about an existing business:

• It was legal or not?
• Its condition.
• It has a business address
• What is the name of its registered agents?

You should be aware that guidelines exist for choosing a name for a new business. The LLC search will assist you in finding them.

Methods for a New York LLC Search

A New York LLC search can be done by various methods.

You can access the following pages:

Search by name.

• • Make sure you enter your name exactly how you want it to be. A similar variation might not be possible if the original is already taken.

Filter by Status

• • You can select to search all entities, or only active entities by clicking the “Status” button.

Filter by type

• • The “Begins with” filter allows you to search by the name it begins with.
  • Search by partial filtering to find out what words are in a name.
  • You can search for specific parts of words in a name using the Contains filter. This can lead to a lot of results.

Check LLC name availability on the New York Department of State Website. You can do this by reviewing the order forms. This will show you whether your name is available. You can stop the form once you know if it’s available.

You can also take these steps during the name selection process:

Verify URL availability

• • Although you might not have a business website in your immediate plans, it may be something you want to do in the future. A URL that contains your business name is a good idea.

Verify email address availability

• • Similar to the above, an email address for your company should match your business name.

Pros of Starting an LLC

Starting an LLC has many benefits, including:

• Pass-through taxes. An LLC does not require you to file a corporate tax return. LLC owners report profit and loss on the 1040 form. Double taxation is not possible.
• There is no residency requirement. An LLC can be owned by anyone without having to be a U.S. citizen or permanent resident.
• Legal protection. An LLC provides limited liability for your business debts and obligations.
• Credibility enhancement. An LLC will make suppliers, lenders, and partners more likely to work with your company.

Cons of starting an LLC

There are some disadvantages to starting an LLC:

• The potential for growth is lower To attract investors, stock cannot be issued.
• Lesser uniformity. Different states have different rules regarding LLCs.
• Self-employment tax. This is applicable to LLC earnings.
• You may be subject to tax on appreciated assets. These may apply if you convert a business to an LLC.

How to form an LLC

These steps will help you set up an LLC in New York.

1. Reserve a name and create a new one
2. File Articles of Incorporation with the Secretary of State.
3. Decide whether managers or members will manage the business.
4. You can decide the number of owners.
5. Register for the required business licenses, and certificates.
6. Filing Form SS-4, or getting your Employer Identification Number (IRS)
7. Any other ID numbers you may need, as they can vary by local jurisdiction. These ID numbers include unemployment tax and disability.

New York LLC Prices

Forming an LLC can cost you:

• New York State fee $200
• A $50 Certificate of Publication Fee
• A Biennial Statement fee of $9 every two years.

New York Business Tips

When it comes to forming an LLC in New York, it’s essential to consider the best LLC services and registered agents in New York. A good LLC service may prevent delays and effect the length of time to form your New York LLC due to filing errors from diy entreprenuers.

To begin, conduct a New York LLC name search to ensure the availability of your desired business name.

Once you’ve confirmed its availability, you can proceed with preparing the essential formation documents, including registering your New York business name and drafting a New York LLC operating agreement, which outlines the internal structure and management of your LLC.

It’s advisable to gather all required information and submit your filings promptly. Furthermore, applying for a business licenses in New York if you are required is something to consider and obtaining a New York Employer Identification Number (EIN) from the IRS is essential for tax purposes if you plan to have employees.

You may want to be your own registered agent in New York, or if you ever want to change your New York registered agent, the options are available for a smooth transition.

In the event that you decide to dissolve an LLC in New York, ensure compliance with the state’s dissolution procedures to avoid any potential legal or financial complications.

Consulting with professional dissolution services like Bizee can provide valuable guidance and assistance throughout the dissolution process, ensuring a smooth conclusion to your LLC’s operations in New York.

Additional Steps to Consider

1. Trademark Search

When searching for a business name, it’s important to note that availability doesn’t necessarily mean the name is free to use if it’s already a registered trademark.

To avoid potential complications down the line, it’s wise to conduct a thorough trademark search using the Trademark Electronic Search System before finalizing a business name.

2. Choose a Registered Agent

After you have chosen an LLC name that is distinctive and unique, you can now choose your LLC’s Registered Agent.

3. Check if the Domain Name is Available

To check if a domain name is available, you can follow these steps:

1. Go to a domain registrar website, such as GoDaddy.com or Namecheap.com.
2. In the search bar on the homepage, type in the domain name you want to check.
3. Click on the search button to see if the domain name is available or not.
4. If the domain name is available, you will be prompted to purchase it. If it’s not available, the registrar will suggest some alternative options or you can try a different domain name.

4. Check if Social Media Name is Available

Check if a social media name is available for a new business name

5. Register New York Business Entity

When you complete the required documents for filing a new business entity, you then register your business and business name with the state. The state of New York will either approve your business name or reject it.

If you hire a good LLC service like Northwest Registered Agent, ZenBusiness or Bizee, these LLC services have business name tools available for you to do a quick search.

6. Register an Employer ID Number (EIN) With the IRS

An Employer Identification Number (EIN) is a unique nine-digit number assigned by the Internal Revenue Service (IRS) to identify businesses and other entities for tax purposes.

7. Create a Brand Logo

Creating a business logo involves several steps. There are affordable online services that can design a logo for you and assist with the process.

Define your brand: Before you start creating a logo, you need to define your brand’s personality, values, and mission. This will help you create a logo that accurately represents your brand.

8. Write a Business Plan

Writing a business plan involves a comprehensive process that covers various aspects of your business, including the industry, market research, marketing and sales strategies, financial projections, and more.

9. Open a Business Bank Account in New York

A bank account is generally required for a new Limited Liability Company (LLC) or corporation to separate personal finances from business finances and to establish a clear record of business transactions.

Note that the specific requirements for opening a bank account for an LLC may vary depending on the bank and state where you are located. It’s best to contact the bank you plan to use to inquire about their specific requirements.

New York LLC Name Search FAQs

How can I verify if an LLC is being used in New York City?

You can use the New York Corporation or Business Entity Database tool to check if your business name appears.

Can I name my LLC after me?

Although there is no prohibition against naming your LLC after yourself (most experts recommend against it).

An advantage of an LLC is that you can choose a different business name, which can make your business sound more professional.

What words are prohibited in a New York LLC’s name?

It is not possible to include words in business names that suggest that the company is a bank or financial institution, or that it is affiliated with a local or state government agency.

You can also view a lengthy list of prohibited and restricted words in New York on the Department of State Website.

Do I need an LLC name generator?

An LLC name generator is a great tool to help you choose a name for your LLC.

What is a brand?

A brand name is a name that a company gives to a product line or product. It can be the exact same as the company name, or something else.

Do I need to include LLC in the name?

Yes. Yes. in their legal name.

Is it necessary to renew my New York business name?

New York does not require LLCs to renew their names.

Is it possible for my business name to be different from the New York LLC name?

Some companies prefer to operate under a different name than their legal name. It can be called either a “doing business as” (DBA) or an assumed New York name.

LLC assumed names in New York are filed with Department of State.

Do I need a DBA for my LLC?

If your LLC plans to conduct business under another name than its legal name, a DBA is not required.

While there are free templates available online, we recommend getting an LLC operating agreement from a trusted source like Northwest Registered Agent, Incfile, or ZenBusiness. They can provide you with a free template.

Visit any of these LLC services for a free LLC operating agreement template

• Northwest Registered Agent
• Incfile
• ZenBusiness

Making a clear and thorough operating agreement today will help your company succeed down the road. Read on to learn what is covered in this document and how to construct one.

What is an LLC Operating Agreement?

An operating agreement is essential if you’re forming a New York (LLC). This legal document offers information about the ownership and routine operations of your company as well as instructions for situations like the dissolution of the LLC.

An operating agreement is an internal document of the LLC. It is not legally required in New York for LLC owners to file an operating agreement with the Secretary of State along with the Articles of Organization (the documentation required to formally incorporate an LLC).

An operational agreement is, however, officially recognized by New York law, which defines it as “the written agreement which shall be entered into among all of the members as to the conduct of the business and affairs of a limited liability company.”

The state also advises that all LLC members sign into a written (rather than verbal) operating agreement. If you cover all the pertinent concerns, you may rest comfortably knowing that the state will respect your operating agreement.

An LLC Operating Agreement is Required in New York

Why You Should Have a New York LLC Operating Agreement

Protect yourself from liability: An operating agreement aids in separating the members (owners) of an LLC from the corporate body. The operating agreement separates the members’ personal liabilities from the LLC’s obligation in the event that the company encounters legal issues, such as a lawsuit. In the event that the company entity is sued, your personal assets as a member, such as money and property, are safeguarded.

Put verbal agreements in writing: If you’re forming an LLC with partners, you’ve probably already spoken about the specifics of the company, like how much money each partner will put into it. It can be tempting to rely on verbal agreements since you trust your partners, but doing so is a bad idea. It is a fact that disagreements happen in business. In case of disagreements, having information like how much each partner owns in writing will be helpful.

Protection from the state: Without an operating agreement, your LLC will be subject to the “default rules” of New York. This protects your agreement against interference from the state. An operating agreement safeguards you by preventing the state from literally interfering with your business.

Consider the division of earnings as an illustration. State law may require that profits be distributed equally among LLC owners when the LLC is dissolved. An operational agreement allows you to determine how profits are allocated in relation to the ownership share each owner has in the company.

Make the most of the flexibility an LLC provides: The most adaptable legal business entity you can create is probably an LLC. Less strict regulations apply to management, reporting, and taxes than, say, to a corporation. The operating agreement, which allows you to specify anything from members’ voting rights to what happens if a member wishes to quit the LLC and what processes are necessary to dissolve the LLC, is the key to this flexibility.

Legitimize your company: An operational agreement gives your company legitimacy by demonstrating to outsiders that it is being run ethically. Before they open a company bank account for you, for instance, the majority of banks will demand to see an operating agreement.

A serious angel investor will also request to see an operating agreement before investing in your company if you are looking for capital from private sources.

What Should My New York LLC Operating Agreement Contain?

There won’t be any duplicate operating agreements. An operating agreement must address the particular needs that each firm will have given its uniqueness. However, any operating agreement in New York must unquestionably have a few key elements. How to write a New York operating agreement and what should be included in it is described in this section.

Source: From the ZenBusiness website, an LLC operating agreement should include:

1. LLC Name
2. Ownership
3. Management Structure
4. Duties of Members and Managers
5. Voting Rights and Responsibilities
6. Distributions
7. Holding Meetings
8. Buyout and Buy-Sell Rules
9. Succession Planning
10. Dissolution
11. Modifications to the Operating Agreement
12. Single-Member LLC Statue
13. Severability Provision

1. LLC Name

Indicate the company name exactly as it is written in the New York Articles of Organization. This document is used to formally create your LLC and is filed with the Secretary of State in New York. It is how the name appears in the official state registry and how the state would formally acknowledge it.

Use the full business name, including the words “Limited Liability Company” or an authorized abbreviation (“LLC,” “L.L.C.,” “L.C.,” or “LC”), and avoid using an acronym or nickname.

2. Ownership

Give a breakdown of the percentage of each owner’s ownership in addition to the full names of the members (owners). There are various methods for calculating purported “degrees of ownership.”

Many companies decide to connect ownership with capital investments made by each member. For instance, if you invest $1,000 in the business and your partner contributes $500, you would be entitled to two-thirds ownership as opposed to your partner’s one-third.

If your LLC has just one member, you will own the entire company.

3. Management and Organizational Structure

An LLC may be managed by its members or by its managers. Which management structure you intend to use must be stated in your New York Articles of Organization. In a member-managed LLC, the owners—known as members—are in charge of managing day-to-day business operations. In an LLC that is managed by a manager, the owners delegate management of day-to-day activities to the manager.

The management structure and the methods for altering it should be outlined in your operating agreement.

4. Manager and Member Responsibilities

As part of their participation in the LLC, members, and management have a variety of responsibilities to undertake. Your operating agreement should specify the exact responsibilities and rights of management, including what they may and cannot do on the company’s behalf.

Even members who are not active in day-to-day operations must still perform obligations like attending scheduled member meetings and participating in votes as needed.

5. Voting Rights and Responsibilities

The ability to vote on significant business decisions, such as a prospective buyout or the addition of a new member, is often granted to LLC members. It should be stated in the operating agreement who has the right to vote on certain matters.

It is possible to distribute voting rights among members unevenly. The voting power may reflect this and give the two-thirds owner two votes and the one-third owner only one, for instance if one member owns two-thirds of the business and the other one-third.

6. Distribution and Allocations

The division of gains and losses among members is referred to as distributions. Profits may be allocated equally or in accordance with ownership stakes. It’s entirely up to you; however, as profit distribution may sometimes be a source of disagreement among partners, you must make sure it is specified in the operating agreement.

Include details about how and when profits will be transferred, such as to members’ bank accounts at the conclusion of the fiscal year. You might also wish to be aware that each member is liable for paying any necessary taxes on any earnings.

7. Holding Meetings

Like corporations, LLCs are not compelled by law to hold periodic shareholder meetings or similar events. Despite this, it makes sense to schedule monthly meetings for members and management to discuss company developments and future changes.

Include this commitment right away in the operating agreement. You won’t have to worry later about persuading resistant participants. Additionally, members who refuse to fulfill this commitment may be subject to a vote to remove them from the LLC.

8. Rules for Buyouts and Buy-Sells

As your company grows, you can welcome new members or lose long-time members who want to take advantage of other opportunities. Describe the requirements for adding a new member, such as the amount of capital investment required and who will vote to approve them.

Include specifics about what must be done when a member resigns, including what happens to their ownership stake. For instance, the operating agreement can state that the surviving members must be given the first opportunity to purchase the retiring member’s stock in the company.

9. Succession Planning

The term “succession planning” describes what happens if an LLC member passes away or retires. What happens to their ownership stake in the company should be specified in the operating agreement.

Can they give it to their own relatives or friends? Does a current member need to receive their share?

Members may alter their own estate planning records (such as a will) to comply with the operating agreement’s requirements once these recommendations have been made clear to them.

10. Dissolution

The LLC must be dissolved if its members decide they don’t just want to cease working for the company but also want to quit running it totally.

• What conditions must be met for the council to be dissolved?
• Do all members need to agree in order for this motion to pass?

Also, when you shut down your LLC in New York State, remember to file your Articles of Dissolution. There is a $60 filing fee associated with this. Include a description of the formal procedures for closing the company in the operating agreement. This could entail actions like filing your final taxes and supplying the state with the required Articles of Dissolution.

11. Modifications to the Operating Agreement

Operating contracts are designed to be flexible. For instance, if a new member joins, the operating agreement must be updated to reflect their name as well as any capital contributions, responsibilities, and voting rights.

Include instructions on how to change the operating agreement, and who needs to approve this by voting or signing it. This will serve as your manual for any subsequent updates.

12. Single-Member LLC Statute

It could seem as though many of the aforementioned ideas don’t apply to you if your LLC only has one member. For instance, since you—the LLC’s single owner—will make all decisions, voting could seem unnecessary.

From a legal perspective, the operating agreement still has to specify this! Include a sentence in your operating agreement that states unequivocally that you are the LLC’s single owner, possessing 100% ownership rights, and that you have the power to act on behalf of the LLC without conducting votes or having meetings.

You risk trouble with third parties, such as lenders who provided you with a business loan, if you conduct certain acts without having this stated in an operating agreement.

13. Severability Provision

You may have seen similar legal language like this in other contracts. In essence, it says that if one provision of the operating agreement is declared unconstitutional, the remaining provisions remain legitimate. This makes sure that your operating agreement won’t be completely useless due to a single minor error.

New York Business Tips

When it comes to forming an LLC in New York, it’s essential to consider the best LLC services and registered agents in New York. A good LLC service may prevent delays and effect the length of time to form your New York LLC due to filing errors from diy entreprenuers.

To begin, conduct a New York LLC name search to ensure the availability of your desired business name.

Once you’ve confirmed its availability, you can proceed with preparing the essential formation documents, including registering your New York business name and drafting a New York LLC operating agreement, which outlines the internal structure and management of your LLC.

It’s advisable to gather all required information and submit your filings promptly. Furthermore, applying for a business licenses in New York if you are required is something to consider and obtaining a New York Employer Identification Number (EIN) from the IRS is essential for tax purposes if you plan to have employees.

You may want to be your own registered agent in New York, or if you ever want to change your New York registered agent, the options are available for a smooth transition.

In the event that you decide to dissolve an LLC in New York, ensure compliance with the state’s dissolution procedures to avoid any potential legal or financial complications.

Consulting with professional dissolution services like Incfile can provide valuable guidance and assistance throughout the dissolution process, ensuring a smooth conclusion to your LLC’s operations in New York.

New York Operating Agreement FAQs

In New York, is an LLC Operating Agreement required?

An operating agreement in New York is strongly advised even though it is not legally necessary. Your operating agreement is an internal document, which means you’ll keep it on file with your own business documents.

This important legal instrument makes membership (ownership) and regular activities clear. In the event of liability difficulties, such as lawsuits, protecting members’ (owners’) personal assets by separating them from the corporate entity is important.

Where can I get an LLC New York operating agreement?

Most LLC services provide a prepared template for you to draft your operating agreement. However, because every firm is unique, you should speak with a business lawyer to make sure your operating agreement covers all necessary details.

Is an Operating Agreement needed for a single-member New York LLC?

Yes. The answers to membership and operational-related questions, which are frequent sources of disagreements between partners, are clarified by an operating agreement. As a single-member LLC, the operating agreement also limits your personal liability, defending you financially and personally in the event that the company encounters legal issues.

Am I allowed to draft my own LLC operating agreement in New York?

Technically, this is allowed. With the use of ready-made templates, which offer the pertinent key points and employ necessary legal wording, you may build your own operating agreement for your New York LLC. However, you should always have a local attorney evaluate the final document to make sure you haven’t overlooked anything that is particular to your state or business model.

Legally speaking, you are not required to hire a lawyer to draft your operating agreement. However, you should always have your operating agreement reviewed by a business lawyer who is knowledgeable about the legislation in your state. They can draw attention to particular problems unique to your company that isn’t covered by pre-existing templates.

They can also assist you with clauses that provide indemnification for members who might be named in disputes, arbitrations, or investigations as a result of their employment with the company.

References

Small Business Administration (Operating Agreements)
New York LLC Laws
New York Secretary of State: LLC Formation Guide
ZenBusiness

However, understanding the costs associated with LLC formation is essential for effective financial planning.

This comprehensive article breaks down the various expenses involved in establishing and maintaining an LLC in the Empire State.

For official information and resources on forming an LLC in New York, visit the New York Department of State.

This official state resource provides valuable guidance to assist you throughout the LLC formation process.

New York LLC Formation Fee

Creating an LLC in New York begins with the submission of the Articles of Organization to the New York Department of State. The New York LLC formation fee is $200. This fee covers administrative costs related to reviewing and processing your LLC formation documents.

New York Publication Requirement

New York imposes a unique requirement known as the Publication Requirement. Within 120 days of filing your Articles of Organization, you are required to publish a notice of your LLC’s formation in two newspapers in the county where your LLC’s office is located.

The cost of fulfilling this requirement varies depending on the newspapers you choose and their advertising rates.

New York Biennial Statement Fee

To maintain your LLC’s active status in New York, you must file a biennial statement every two years with the New York Department of State. The New York biennial statement fee is $9. Filing this statement ensures that your LLC’s information remains current and accurate.

New York Registered Agent Fee

Appointing a registered agent is a crucial step when forming an LLC in New York. A registered agent receives legal documents and official notices on behalf of your LLC. You can choose to serve as your own registered agent or hire a professional service, which typically incurs fees ranging from $100 to $300 annually.

New York State Business License Fee

While New York doesn’t impose a state-level business license requirement, certain industries and professions may necessitate specific licenses or permits.

These requirements vary based on the nature of your business and its location.

New York Professional Licensing Fees

Professions that require specialized training or licensing, such as doctors, lawyers, and other regulated occupations, may incur additional professional licensing fees in New York. The specific fees depend on the profession and the relevant regulatory board.

Local Business License Fees in New York

Some local municipalities in New York may require a local business license. These licenses are typically issued by local governments and come with varying fees based on your business’s location and type.

Optional LLC Fees in New York

New York provides optional services like expedited processing and name reservation, both of which involve additional fees. Expedited processing ensures faster approval of your LLC formation documents, while name reservation allows you to secure your chosen business name before filing.

Business Insurance Premiums

While not mandated by the state, obtaining business insurance is highly recommended to mitigate potential risks and liabilities. Insurance premiums vary depending on factors such as the size, industry, and nature of your business.

Cost to Register a Foreign LLC in New York

If you already have an LLC registered in another state and wish to operate in New York, you’ll need to register as a foreign LLC. The cost to register a foreign LLC in New York is $250. This fee provides your foreign LLC with the authorization to conduct business within the state.

Conclusion

Understanding the costs associated with forming and maintaining an LLC in New York is crucial for successful business planning. From the initial New York LLC formation fee to potential professional licensing fees and the unique Publication Requirement, each expense plays a role in establishing and running your LLC.

By utilizing resources such as the New York Department of State website, you can navigate the LLC formation process confidently, ensuring compliance with state regulations and optimizing your financial resources.

You may need to get a business license. Find out more about the types of New York business licenses available and how to obtain one.

Is a New York LLC required to have a business license?

A business license is not required for every business. Most companies that sell goods or services require a Certificate of Authority. It is used to collect and pay sales taxes.

A professional license is required for businesses that provide professional services. The Office of the Professions in New York offers a list of licensed professionals, such as lawyers, doctors, and CPAs. The NY.gov website lists licensed professions, such as home inspectors and barbers.

Vendors without a physical retail location might need to apply for a General Vendor License. A liquor license is required for businesses that sell alcohol.

To determine the licenses and permits that you will need for your business, visit the New York Business Express Business Wizard website and complete the application. To determine your licensing and permit requirements if you’re opening a New York City business, visit the NYC Business website.

What are the requirements for a New York business license?

Before you can start your business, it is important that you obtain all necessary licenses. Each business is unique, so you must carefully review the license checklists before applying. Failure to get licenses to do business could result in fines and penalties.

Types of business licenses

Knowing what type of license you will need to start a business is crucial. No one type of business license will work for all businesses. You need to be able to identify the right license.

These are just a few examples of business licenses you’ll need:

• Sales tax certificate. Allows sellers of goods to collect and pay state taxes
• Licensee professions
• Professionals who are licensed. To be used by lawyers, CPAs, and other professionals.
• General Vendor License. For vendors who don’t own a retail space, but still sell goods and services.
• Liquor license. This license is for establishments that sell alcoholic beverages to the general public (the State Liquor Authority issues it).
• Food permit. Food permits are required by the Department of Health for food sellers and producers.

Steps to Obtaining Your New York Business License

To get the correct business license for your company, you will need to contact each state agency. These steps will help you obtain the correct license.

1. To determine the licenses and permits that you require, visit the New York Business Express Business Wizard website
2. To apply for the license you need, go to the issuing agency
3. You can submit the application to obtain a sales tax certificate via the New York Business Express portal
4. All applications required for professional service licenses must be completed
5. To obtain a license, you must pay the appropriate fees

What is the cost of a New York business license?

New York does not have a set fee for business licenses. Each business will require its own license if required. A sales tax certificate is not required to be paid. A professional business license can be obtained for $50-150.

Bottom line

New York does not require a single business license. Business owners need to look deeper to determine if they are required to have a license. A sales tax certificate is required for most businesses selling goods. Professionals may also require a license to operate.

New York Business Tips

When it comes to forming an LLC in New York, it’s essential to consider the best LLC services and registered agents in New York. A good LLC service may prevent delays and effect the length of time to form your New York LLC due to filing errors from diy entreprenuers.

To begin, conduct a New York LLC name search to ensure the availability of your desired business name.

Once you’ve confirmed its availability, you can proceed with preparing the essential formation documents, including registering your New York business name and drafting a New York LLC operating agreement, which outlines the internal structure and management of your LLC.

It’s advisable to gather all required information and submit your filings promptly. Furthermore, applying for a business licenses in New York if you are required is something to consider and obtaining a New York Employer Identification Number (EIN) from the IRS is essential for tax purposes if you plan to have employees.

You may want to be your own registered agent in New York, or if you ever want to change your New York registered agent, the options are available for a smooth transition.

In the event that you decide to dissolve an LLC in New York, ensure compliance with the state’s dissolution procedures to avoid any potential legal or financial complications.

Consulting with professional dissolution services like Incfile can provide valuable guidance and assistance throughout the dissolution process, ensuring a smooth conclusion to your LLC’s operations in New York.

Frequently Asked Questions (FAQs).

Is New York required to have a business license?

You may need a sales tax certificate or a professional license depending on your business type. New York law requires that all businesses registered as legal entities to operate a business must register.

Corporations and limited liability companies (LLCs), must be registered with the state. While sole proprietors and partnerships don’t need to register their business entities, many must file a DBA with their county to do business under another name.

What is an LLC?

A limited liability company (LLC) is a business entity, not a license. The legal structure permits a company to be registered in the state. A business license, such as a sales tax certificate and a professional license, may be required depending on the type of business. Learn more about establishing an LLC in New York.

What is an EIN Number? 

An EIN (Employer Identification Number) is a unique nine-digit number issued by the Internal Revenue Service (IRS) to businesses such as a New York LLC and other entities operating in the state of New York or any other state.

An EIN is also known as:

• Federal Tax ID Number
• Employer Identification Number
• EIN Number
• Federal Employer Identification Number (FEIN)

What is an EIN Used For?

An EIN Number (Federal Tax ID Number) is used to identify businesses for tax purposes, similar to how a Social Security Number identifies individuals.

Here are a few situations that may require you to get an EIN for your New York LLC:

1. Hiring Employees: If you plan to hire employees for your New York LLC, you will need an EIN. This number is necessary for reporting taxes and other employment-related obligations.
2. Opening a Business Bank Account: Most banks require an EIN to open a business bank account. Having a separate bank account for your New York LLC helps maintain clear financial records and separates your personal finances from your business finances.
3. Filing Taxes: An EIN is necessary for filing federal tax returns for your LLC. Even if your LLC is a single-member LLC, it will still require an EIN for tax purposes.
4. Applying for Business Permits and Licenses: Many local and state government agencies in New York may require an EIN when applying for specific permits or licenses for your LLC.

When Should I Get an EIN?

After you have formed an LLC (Limited Liability Company), it is generally recommended to obtain an Employer Identification Number (EIN) as soon as possible.

How Much Does an EIN Cost?

Obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) is generally free of charge. The IRS does not charge a fee for issuing an EIN. You can apply for an EIN online through the IRS website or by mail, fax, or phone, and there is no cost associated with the application process.

EIN Services by Northwest 

Do New York LLCs Need to Have an EIN?

In New York, businesses, including sole proprietorships, partnerships, corporations, and limited liability companies (LLCs), are generally required to obtain an EIN if they have employees or meet certain other criteria, such as withholding taxes on income paid to a non-resident alien. The EIN Number helps the IRS track business activities and ensure compliance with tax laws.

To obtain an EIN Number in New York, businesses can apply directly with the IRS by completing Form SS-4 (Application for Employer Identification Number). The application can be submitted online, by mail, or by fax.

Alternatively, businesses can authorize a third-party, such as an accountant, tax professional, or LLC service like Northwest Registered Agent to apply for an EIN on their behalf.

It is important for businesses in New York to obtain an EIN Number to fulfill their tax obligations and ensure proper identification for their business entity.

Does a Single Member LLC in New York Need to Get an EIN Number?

A single-member New York LLC (Limited Liability Company) is generally not required to obtain an EIN (Employer Identification Number) if it has no employees and operates as a “disregarded entity” for tax purposes.

A single-member LLC will need an EIN if you plan to:

Open a Business Bank Account: Many financial institutions require an EIN to open a business bank account. An EIN acts as a unique identifier for the business when conducting financial transactions, including obtaining a business credit card or getting a business loan.

Having a business bank account helps prevent confusion between personal and business finances and ensures that financial records are appropriately attributed to the entity. Having a separate business bank account also simplifies accounting and facilitates the tracking of business income and expenses.

Single-member New York LLC: Here are a few key points to consider

1. Default Tax Classification: By default, a single-member LLC in New York is treated as a “disregarded entity” for federal tax purposes. This means that the IRS does not recognize the New York  LLC as a separate entity, and the owner reports the business income and expenses on their personal tax return using their Social Security Number (SSN).
2. Use of SSN: The owner of a single-member LLC can use their SSN for tax and reporting purposes, similar to a sole proprietorship. The business income and expenses are reported on Schedule C (Profit or Loss from Business) of their personal tax return (Form 1040).
3. Exceptions and Changes: There are certain situations where a single-member LLC in New York may need an EIN, such as if the LLC has employees, is required to file certain federal excise tax returns, or chooses to be taxed as a corporation. Additionally, if the single-member New York LLC later adds additional members, it will be required to obtain an EIN.

From the IRS: https://www.irs.gov/businesses/small-businesses-self-employed/single-member-limited-liability-companies

Depending on elections made by the LLC and the number of members, the IRS will treat an LLC either as a corporation, partnership, or as part of the owner’s tax return (a “disregarded entity”).

An LLC will need an EIN if it has any employees or if it will be required to file any of the excise tax forms… Most new single-member LLCs classified as disregarded entities will need to obtain an EIN. An LLC applies for an EIN by filing Form SS-4, Application for Employer Identification Number

A single-member LLC that is a disregarded entity that does not have employees and does not have an excise tax liability does not need an EIN. It should use the name and TIN of the single member owner for federal tax purposes. However, if a single-member LLC, whose taxable income and loss will be reported by the single member owner needs an EIN to open a bank account or if state tax law requires the single-member LLC to have a federal EIN, then the LLC can apply for and obtain an EIN.

How Do I Apply for an EIN Number for a New York LLC?

Here is a step-by-step guide on how to apply for an EIN number:

1. Determine Eligibility: Before applying for an EIN number (federal tax ID number), make sure you are eligible. EINs are typically required for businesses, including sole proprietorships, partnerships, corporations, and LLCs. Certain entities, such as trusts, estates, and non-profit organizations, may also need an EIN.

2. Access the Online Application: The quickest and easiest way to apply for an EIN number is through the online application on the Internal Revenue Service (IRS) website. Go to the IRS website and search for “EIN application” or directly visit the “Apply for an Employer Identification Number (EIN)” page.

3. Choose the Appropriate Application Type: The online application will present different options for application types. Select the one that best suits your situation. Common options include “Sole Proprietor,” “Partnership,” “Corporation,” “LLC,” and “Non-Profit Organization.”

4. Provide Required Information: Fill out the online application form with accurate information. You will be asked to provide details about the business entity, such as the legal name, address, and type of organization.

Additionally, you’ll need to provide the name and Social Security number or Individual Taxpayer Identification Number (ITIN) of the responsible party, who is typically the owner or principal officer.

• IRS EIN Online Application: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online
• Form SS-4 (Application for Employer Identification Number): https://www.irs.gov/pub/irs-pdf/fss4.pdf

5. Review and Submit the Application: Double-check all the information you have entered to ensure its accuracy. Once you are satisfied, submit the application electronically. The system will validate the information, and upon successful submission, you will receive your EIN immediately.

6. Print or Save the Confirmation: After receiving your EIN, it is advisable to print or save the confirmation notice for your records. This notice serves as proof of your EIN and can be used for various purposes, such as opening bank accounts or filing tax returns.

7. Understand Additional Requirements: Depending on the nature of your business and state regulations, there may be additional requirements to fulfill, such as obtaining state-level tax identification numbers. Research the specific requirements for your business to ensure compliance.

Federal Tax ID Number Confirmation Letter

Confirmation Letter: Once your EIN is assigned, the IRS will provide you with a confirmation letter. The confirmation letter serves as official documentation of your EIN and includes your entity’s name, address, and the assigned EIN. The letter typically arrives by mail and can take several weeks after receiving your EIN.

Remember to keep a copy of your EIN and confirmation letter in a safe place, as you may need it for various tax-related purposes, such as opening a business bank account or filing tax returns.

Note: If you prefer not to apply online, you can complete Form SS-4, the Application for Employer Identification Number, and submit it by mail or fax to the appropriate IRS office. The processing time for mail or fax applications is longer compared to the online application.

EIN Number vs. Social Security Number: Key Differences

An EIN Number (aka Federal Tax ID Number) and Social Security Number (SSN) are both identification numbers used in the United States, but they serve different purposes and are assigned to different entities. Here are the key differences between EIN Numbers and Social Security Numbers:

1. Purpose:
– EIN Number: An EIN is primarily used to identify businesses, nonprofit organizations, estates, trusts, and other entities for tax purposes. It is issued by the Internal Revenue Service (IRS) and is required for various business-related activities such as filing taxes, hiring employees, and opening business bank accounts.

– Social Security Number: A Social Security Number is a unique nine-digit number issued by the Social Security Administration (SSA) to individuals. It is primarily used for tracking an individual’s earnings and contributions to the Social Security system, determining eligibility for government benefits, and for identification purposes.

2. Entity Type:
– EIN Number: EINs are assigned to business entities, including sole proprietorships, partnerships, corporations, limited liability companies (LLCs), and nonprofit organizations. It is not assigned to individuals unless they are operating a business entity or have specific tax requirements.

– Social Security Number: Social Security Numbers are assigned to individual persons. They are used to track an individual’s employment history, eligibility for Social Security benefits, and for personal identification in various contexts.

3. Issuing Authority:
– EIN Number: EINs are issued by the IRS. Businesses and entities can apply for an EIN through the IRS either online, by mail, or by fax.

– Social Security Number: Social Security Numbers are issued by the Social Security Administration (SSA). They are typically assigned to individuals when they apply for a Social Security card through the SSA.

4. Usage:
– EIN Number: EINs are primarily used for business and tax-related purposes. They are used when filing business tax returns, paying employment taxes, opening business bank accounts, applying for business licenses, and conducting various business-related transactions.

– Social Security Number: Social Security Numbers are used for personal identification and tracking of an individual’s earnings and contributions to the Social Security system. They are required for employment purposes, filing personal tax returns, applying for government benefits, obtaining loans, and other personal financial transactions.

5. Confidentiality:
– EIN Number: EINs are generally considered public information. Once assigned, EINs can be searched and verified by the public through various sources, such as the IRS Business Entity Search tool.

– Social Security Number: Social Security Numbers are considered sensitive and confidential personal information. They should be protected and shared only when necessary for authorized purposes to prevent identity theft and fraud.

It’s important to understand the differences between EIN Numbers and Social Security Numbers to ensure their proper usage and protect personal and business information.

How to Change or Update an EIN Number for Your New York Business

Changing or updating an EIN (Employer Identification Number) for your New York business typically involves updating the business’s legal and tax information with the Internal Revenue Service (IRS). Here’s a brief overview of how to change or update an EIN number:

1. Understand the Need for Change:
Determine the reason for the change. Common reasons include changes in business structure (e.g., from a sole proprietorship to an LLC or corporation), changes in ownership, or errors in the initial EIN application.

2. Notify the IRS:
Contact the IRS Business and Specialty Tax Line at 1-800-829-4933 to inform them of the desired changes. Explain the reason for the change and provide any necessary documentation to support the request.

3. Obtain Necessary Forms:
Depending on the type of change, you may need to complete and submit specific IRS forms. For example:
– Change in business structure: File the appropriate form to reflect the new structure, such as Form 8832 (for LLCs) or Form 2553 (for S-corporations).
– Change in ownership: File Form 8822-B (Change of Address or Responsible Party – Business) to update the responsible party information.

4. Update Business Records:
Ensure that your business records, including licenses, permits, and financial accounts, are updated with the new EIN and any other relevant changes.

5. Notify Other Agencies and Entities:
Inform other relevant entities and agencies of the EIN change, such as state tax authorities, banking institutions, and business partners.

It’s crucial to consult the IRS and possibly seek professional advice to ensure compliance with the appropriate procedures and requirements for changing or updating an EIN.

Links for Changing or Updating Information:
1.
2. IRS Change of Address or Responsible Party – Business (Form 8822-B): https://www.irs.gov/forms-pubs/about-form-8822-b

New York Business Tips

When it comes to forming an LLC in New York, it’s essential to consider the best LLC services and registered agents in New York. A good LLC service may prevent delays and effect the length of time to form your New York LLC due to filing errors from diy entreprenuers.

To begin, conduct a New York LLC name search to ensure the availability of your desired business name.

Once you’ve confirmed its availability, you can proceed with preparing the essential formation documents, including registering your New York business name and drafting a New York LLC operating agreement, which outlines the internal structure and management of your LLC.

It’s advisable to gather all required information and submit your filings promptly. Furthermore, applying for a business licenses in New York if you are required is something to consider and obtaining a New York Employer Identification Number (EIN) from the IRS is essential for tax purposes if you plan to have employees.

You may want to be your own registered agent in New York, or if you ever want to change your New York registered agent, the options are available for a smooth transition.

In the event that you decide to dissolve an LLC in New York, ensure compliance with the state’s dissolution procedures to avoid any potential legal or financial complications.

Consulting with professional dissolution services like Incfile can provide valuable guidance and assistance throughout the dissolution process, ensuring a smooth conclusion to your LLC’s operations in New York.

References and Links from the IRS

Limited Liability Companies (LLCs)
Employer ID Numbers
Apply for an EIN Online
Single-Member Limited Liability Companies (LLCs)

Remember to consult a tax professional or visit the official IRS website for the most up-to-date and accurate information regarding the application process for an EIN number.

However, there are some important things to keep in mind when considering whether to act as your own Registered Agent.

What is a Registered Agent for an LLC?

In the United States, a registered agent for a limited liability company (LLC) is a designated individual or company that is appointed by the LLC to receive important legal and official documents on behalf of the LLC.

The registered agent’s address is typically the address that the state government and other official entities will use to deliver documents to the LLC, such as tax notices, legal summons and complaints, and other official correspondence.

• The registered agent must have a physical address in the state where the LLC is registered
• Be available during normal business hours to receive and sign for important documents.

The registered agent plays a critical role in ensuring that the New York LLC is properly notified of any legal actions or proceedings, and can help ensure that the LLC stays in compliance with state regulations.

In many states, including New York, having a registered agent is a legal requirement for LLCs. By designating a registered agent, the LLC can ensure that it receives important legal and official documents in a timely manner and that it is able to respond appropriately to any legal actions or proceedings.

New York Registered Agent Requirements

In New York, a registered agent is an individual or a company that is appointed by a business entity to receive legal documents and other important correspondence on behalf of the company. The requirements for a New York registered agent are as follows:

1. Eligibility: The registered agent must be an individual who is a resident of New York or a company that is authorized to do business in New York.

2. Availability: The registered agent must have a physical street address in New York where they can receive service of process and other legal documents during normal business hours.

3. Accessibility: The registered agent must be available during normal business hours to receive legal documents and other important correspondence on behalf of the company.

4. Consistency: The registered agent must be consistent in their availability and must not change their physical address or contact information without notifying the business entity they represent.

5. Authorization: If the registered agent is a company, they must be authorized to do business in New York and must have filed the required documents with the New York Secretary of State.

6. Consent: The registered agent must provide written consent to act as the registered agent for the company.

It’s important for business owners to choose a reliable and trustworthy registered agent to ensure that their legal documents and other important correspondence are received promptly and handled properly.

If you are comfortable with these requirements and feel confident that you can fulfill the responsibilities of being a Registered Agent, then you can certainly act as your own Registered Agent in New York.

However, if you prefer to hire a third-party Registered Agent to handle these responsibilities, you can also do so.

Hiring a third-party Registered Agent can have some benefits, such as:

• Allowing you to maintain your privacy by not having your personal address listed publicly as the Registered Agent.
• Ensuring that someone is always available to receive legal documents and notices during regular business hours.

However, there will be additional costs associated with hiring a third-party Registered Agent.

Requirements summary: While you can be your own Registered Agent in New York, it is important to carefully consider the requirements and responsibilities associated with this role before making a decision. If you are unsure whether acting as your own Registered Agent is the right choice for your business, you may want to consult with an attorney or a business formation service for guidance.

What Does a Registered Agent Do?

The primary responsibilities of a New York registered agent include:

1. Receiving legal documents: The registered agent is responsible for receiving legal documents, such as lawsuits, subpoenas, and other legal notices, on behalf of the business entity they represent. This ensures that the company is properly notified of any legal actions or proceedings and has an opportunity to respond in a timely manner.
2. Receiving other official correspondence: In addition to legal documents, the registered agent also receives other official correspondence, such as tax forms, regulatory notices, and other important business-related mail.
3. Maintaining accurate records: The registered agent is responsible for maintaining accurate records of all the legal and official documents they receive on behalf of the company. This ensures that the company has a clear record of all legal proceedings and other important business-related correspondence.
4. Forwarding documents to the company: After receiving legal and official documents, the registered agent is responsible for forwarding them to the company in a timely manner. This ensures that the company is aware of any legal proceedings or other important matters that may affect its business.

Overall, the New York registered agent plays a critical role in ensuring that a business entity receives important legal and official correspondence in a timely and efficient manner.

Who Can Be a Registered Agent for an LLC In New York?

In New York, a registered agent for a limited liability company (LLC) can be an individual who is a resident of New York, or a corporation or other business entity that is authorized to do business in New York. The registered agent must have a physical street address in New York where they can receive service of process and other legal documents during normal business hours.

What is a Registered Agent Service?

A registered agent service is a professional service that provides a physical address for a business entity and receives service of process and other legal documents on behalf of that entity.

The registered agent service acts as an intermediary between the business entity and the legal system, ensuring that the entity is properly notified of any legal actions or proceedings.

Registered agent services are commonly used by businesses that operate in multiple states or that do not have a physical address in the state where they are doing business.

By appointing a registered agent service in a particular state, the business entity can ensure that it is in compliance with state law and that it receives important legal and official correspondence in a timely manner.

Should I be My Own Registered Agent in New York?

There are pros and cons to being your own registered agent for an LLC. Here are some of the key factors to consider:

Pros:

1. Cost Savings: If you act as your own registered agent, you will not have to pay a third-party registered agent service, which can save your business money.

2. Control: As the registered agent for your own LLC, you will have full control over the handling of important legal documents and correspondence, which can be important for some business owners.

3. Privacy: By acting as your own registered agent, you can keep your personal information private, as opposed to using a third-party registered agent service that may disclose your personal information.

Cons:

1. Availability: As the registered agent for your LLC, you must be available during normal business hours to receive important legal documents and correspondence. This can be challenging if you are frequently out of the office or if you have other commitments that prevent you from being available during these hours.

2. Public Disclosure: If you act as your own registered agent, your name and address will be listed in public records, which can result in an increased volume of unsolicited mail or even unwanted visitors.

3. Compliance Risks: As the registered agent for your LLC, you will be responsible for ensuring that all important legal documents are received and handled properly. If you miss a deadline or fail to properly handle a legal notice, it can result in serious consequences for your business.

Question summary: Acting as your own registered agent can save your business money and give you more control over important legal documents. However, it also comes with added responsibility and the risk of compliance errors.

It’s important to carefully consider the pros and cons before deciding whether to act as your own registered agent or hire a third-party registered agent service.

This FAQ page aims to demystify the complexities involved in setting up and operating an LLC in the Empire State.

Whether you’re curious about fees, legal requirements, or ongoing maintenance, we’ve got the answers to help you navigate the business landscape with ease.

New York LLC FAQ

What Are the Basic Steps to Form an LLC in New York?

To form an LLC in New York, you’ll need to follow several key steps. These include selecting a unique business name, appointing a Registered Agent, filing the Articles of Organization, publishing a legal notice in local newspapers, and obtaining necessary permits and licenses.

For comprehensive instructions, you can check out the New York Department of State’s Division of Corporations website.

Do I Need to Publish a Legal Notice to Form an LLC in New York?

Yes, after filing the Articles of Organization, you are required to publish a legal notice in two newspapers for six consecutive weeks. This requirement is unique to New York and is a mandatory part of the LLC formation process.

For further guidelines on how to fulfill this requirement, visit the New York Department of State’s guide on LLC publication.

What is the Role of a Registered Agent in New York LLCs?

A Registered Agent serves as the legal contact for your LLC in the state of New York. This is the entity or individual designated to receive official notifications, legal documents, and government correspondences.

The agent must have a physical address in New York. For more information on how to appoint a Registered Agent, visit New York’s Registered Agent information.

How Much Does It Cost to Form an LLC in New York?

The costs associated with forming an LLC in New York include a $200 filing fee for the Articles of Organization. Additionally, the cost of publishing legal notices can range from $50 to several hundred dollars, depending on the newspapers chosen.

To ensure you are aware of all costs, visit New York Department of State’s Division of Corporations Fee Schedule.

Can I Form a New York LLC Online?

Yes, you can file for an LLC online through New York’s Electronic Filing System, which makes the process quicker and easier. You’ll still need to adhere to the other requirements such as appointing a Registered Agent and publishing a legal notice.

To initiate the online filing, you can visit the New York Department of State’s Division of Corporations Online Filing system.

New York Business Name Search

How Do I Perform a New York Business Name Search?

To conduct a business name search in New York, you can use the New York Department of State’s Division of Corporations’ online search feature. This database will help you find if the business name you intend to use is unique and not already registered by another entity in the state. To start your name search, visit New York Business Entity Search.

What Should I Consider When Choosing a Business Name in New York?

When picking a business name in New York, there are several criteria you should consider. The name should be unique, and it should not be deceptively similar to another registered entity. Additionally, certain restricted words and phrases require special permission for use. You can find a detailed list and guidelines on New York’s Naming Guidelines.

Are There Any Fees for Conducting a Business Name Search in New York?

Generally, the basic search function for New York business names is free of charge. However, if you require a more detailed or certified search result, then there are applicable fees. These fees can range depending on the level of detail and verification you require. For more information on fees, check the New York Department of State’s Division of Corporations Fee Schedule.

New York Registered Agent

What is the Role of a New York Registered Agent?

A New York Registered Agent serves as the official point of contact for your LLC or corporation in the state. This agent is responsible for receiving important legal documents, government correspondence, and service of process on behalf of the business.

The New York Department of State automatically acts as the agent for service of process for all LLCs, but you can designate another agent if you wish. More information is available on the New York Department of State’s Registered Agent page.

How Do I Change My Registered Agent in New York?

To change your Registered Agent in New York, you need to file a “Certificate of Change” with the New York Department of State. The document should include the name of the current agent and the name and address of the new agent.

There is a filing fee involved, and you can either mail the document or file it online. For the form and further instructions, visit New York Department of State’s Change of Registered Agent page.

Are There Requirements for Who Can Be a Registered Agent in New York?

In New York, a Registered Agent must have a physical address in the state, also known as a “Registered Office.” P.O. Boxes are not acceptable for this purpose. The agent should be available during regular business hours to receive official correspondence and legal notices.

A business entity can act as its own registered agent, but certain restrictions apply. More details are available on New York’s Registered Agent Requirements.