New York requires every LLC to maintain a agent for service of process with a physical address in the state. Our service includes one year of New York agent for service of process in the $299 flat formation fee.
A agent for service of process is the person or company designated to receive official mail on behalf of your New York LLC. That includes two kinds of mail: service of process (lawsuits — the court papers that start a case against the LLC), and official New York state correspondence (annual report reminders, tax notices, dissolution warnings).
Every state requires LLCs to have one. The logic is simple: if someone wants to sue the LLC, there has to be a reliable address in New York where the papers can be served. If the state needs to contact the LLC, same thing.
New York requires a physical street address in the state — no P.O. boxes, no out-of-state addresses, no virtual offices with a mail-forwarding arrangement. The agent has to actually be there to accept service.
The agent must be present at the listed address during normal business hours to accept service of process in person.
New York allows the agent to be an individual over 18 who's a New York resident, or a business entity authorized to transact business in New York.
The agent's name and address must be listed in the Articles of Organization and kept current. Change the agent by filing a change-of-agent form with the state.
New York has a publication requirement: within 120 days of formation, your LLC must publish a notice in two newspapers — one daily, one weekly — designated by the county clerk, for six consecutive weeks. After publication you file a Certificate of Publication with the Department of State. Costs vary by county and are steepest in Manhattan, where total publication expense routinely exceeds $1,500.
Yes — as long as you're a New York resident with a physical New York address and you're available during business hours to accept service. There's no statute preventing it. But there are three practical reasons most founders don't:
The agent for service of process's address is part of the public record. Using our Albany office as your agent for service of process means your New York LLC's public-facing address is a commercial one, not your home — which is the single most common reason founders use a commercial agent.
Here's what's included in the first year with every formation:
Agent for service of process renewal is $119/year, opt-in. We don't store your payment method between years and we don't auto-charge. You can also change to a different commercial agent at any time, or designate yourself — we'll send you the New York change-of-agent form and instructions on how to file it.
Reservation takes three minutes. A formation specialist in Albany handles the rest.