Updated September 6, 2026. Quick answer: In New York, this role is called a The mandatory default is the “agent for service of process” role filled automatically by the NY Secretary of State (LLC Law Section 301); LLCs may additionally designate an optional “registered agent” under Section 302., governed by N.Y. LLC Law Section 301 (mandatory statutory designation of the Secretary of State as agent for service of process), Section 302 (optional registered agent), Section 211-A (Certificate of Change to add/revoke/change a registered agent or process-mailing address). New York is the only one of these states where a private registered agent is optional rather than mandatory, because the Secretary of State is the compulsory default agent for every LLC by statute (Section 301); and New York explicitly does not dissolve LLCs for registered-agent/biennial-statement lapses, unlike Ohio’s 30-day cancellation or New Mexico’s 30-day revocation trigger.
What the address rule requires
New York does not require every LLC to maintain a private registered-office street address the way most states do, because Section 301 makes the Secretary of State the mandatory default agent for every domestic and foreign LLC; the LLC instead keeps a mailing address on file for the Secretary of State to forward process to. If an LLC additionally designates an optional Section 302 registered agent, that agent must be a natural person resident in the state or with a business address in the state, or a qualifying domestic/foreign entity.
Who can serve as your registered agent
For the optional Section 302 registered agent: (1) a natural person who is a resident of New York or has a business address in the state; (2) a domestic LLC or authorized foreign LLC; or (3) a domestic or foreign corporation authorized to do business in New York.
What happens if you don’t have one
New York LLCs cannot actually be without an agent for service: Section 301 requires every LLC’s articles of organization (or application for authority) to designate the Secretary of State as agent, and this designation is mandatory for formation. An optional Section 302 registered agent, if named, sits on top of that baseline rather than replacing it. Because the Secretary of State is always the LLC’s default agent, New York does not administratively dissolve LLCs for lacking a registered agent. Separately, if an LLC misses its $9 biennial statement (which keeps the Secretary of State’s forwarding address current), the Department of State flags the entity “past due”; hurting its ability to get a certificate of good standing for banking, financing, or contracts; but this does not itself trigger dissolution.
How to change your registered agent
$30 to file a Certificate of Change (Form DOS-1359 for domestic LLCs) with the NY Department of State to add, revoke, or change a Section 302 registered agent (or update the address the Secretary of State mails process to); optional expedited processing costs an extra $25 (24-hour), $75 (same-day), or $150 (2-hour). (source: New York Department of State, Division of Corporations: Certificate of Change (Domestic Limited Liability Companies) filing page and Form DOS-1359-f)
This page covers what New York’s own law requires. For the general question of whether you should pay a commercial service or serve as your own agent, see registered agent: do you actually need to pay for one.
Every citation on this page was read directly from the state’s own statute, Secretary of State site, or official filing form this session (or, where that site could not be reached, from an independently cross-checked legal-database mirror of the same codified text, disclosed below). General information, not legal advice; fees and specific procedures can change, and your state’s Secretary of State has the final say for any individual filing.
Related: New York’s LLC Certificate of Good Standing cost, including who issues it and how fast you can get one.