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How To Resign As A Registered Agent In New York

To resign as a registered agent in New York, you must send a copy of a Certificate of Resignation of Registered Agent by registered mail to the company from which you are resigning as agent. Then, send the original Certificate of Resignation of Registered Agent to the New York Department of State by mail, fax or in-person.

There are different resignation forms and fees depending on whether the company is domestic or foreign and entity type. The fees to resign as a New York registered agent are: $60 for corporations, $20 for LLCs and LPs, $10 for LLPs. Standard processing time for the resignation of a New York registered agent is seven business days, but filing may be expedited for additional fees.

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The Steps To Resign As A New York Registered Agent:

  1. To resign, the New York registered agent must send a copy of a Certificate of Resignation of Registered Agent by registered mail to the company they had been representing.
  2. Then, deliver the original Certificate of Resignation of Registered Agent by mail, fax or in-person to the New York Department of State. Make sure to use the appropriate form depending on entity type (corporation, LLC, LLP, LP) and whether the company is domestic or foreign. Include payment for the appropriate fee based on entity type: $60 for corporations, $20 for LLCs and LPs, $10 for LLPs.

The New York registered agent’s resignation becomes effective thirty days after the certificate is filed with the New York Department of State, Division of Corporations or when a new registered agent is appointed by the entity, whichever comes first.

If the entity is not dissolving you’ll also need to change your New York registered agent to appoint your new agent. Need a new agent? Check out our registered agent service.

Items To Include On The New York Resignation Of Registered Agent

The following items must be on the New York registered agent’s certificate of resignation:

  1. Name of company
  2. Name under which the company was formed, if different from above
  3. Date of incorporation/formation/organization
  4. A statement that the registered agent resigns
  5. Indicate whether a copy of the resignation has been sent by registered mail to the company at their address for mailing of process; or, if the address for service of process is the address of the registered agent, that the resignation has been sent by registered mail to the office of the company in its state of formation/incorporation/organization
  6. Date
  7. Signature of registered agent
  8. Filer’s name and mailing address

New York Registered Agent Resignation FAQ

Must The Registered Agent Notify The Company Before Filing Resignation With New York?

Yes. The New York registered agent must send a copy of their resignation to the company they had been representing before filing it with the state.

Is There A Fee To Resign As A Registered Agent In New York?

Yes. The fees to resign as a New York registered agent depend on entity type:

Corporations: $60
LLCs and LPs: $20
LLPs: $10

Payment can be made by cash (in-person only), check, money order or credit card (VISA, MasterCard, American Express). Make checks payable to “New York Department of State”. Fees for faxed filings must be paid by credit/debit card and must include the Credit Card/Debit Card Authorization Form.

Can The New York Registered Agent File Their Resignation Online?

No. The New York registered agent cannot file their resignation online. Currently only business formation filings can be completed electronically.

How Long Does It Take The State To Process A Registered Agent Resignation In New York?

Routine processing of the resignation of a New York registered agent is seven business days. Processing may be expedited for additional fees:

24-hour processing costs $25
Same-day processing costs $75 (must be received by 12:00pm)
Two-hour processing costs $150 (must be received by 2:30pm)

Mark the envelope containing your business filing “Expedited Processing”. Fees for expedited services must be paid with a separate check from the filing fee payment.

When Does A Registered Agent’s Resignation Become Effective In New York?

The New York registered agent’s resignation becomes effective thirty days after the certificate is filed with the New York Department of State or when a new registered agent is appointed by the entity, whichever comes first.

What If The New York Registered Agent Resigns While The Company Is Still Active?

New York companies must designate the Department of State as their agent for service of process; having a registered agent is not a requirement. If your New York registered agent resigns, it will not affect your business’s standing. However, hiring us as your registered agent will save you time and money.

If your company is an LLC, New York has a requirement that you must publish notice of the formation of your business in the local newspaper of the city in which your business’s registered office is located. Since the New York Department of State is located in New York City, this publication cost can be quite expensive—over $1,000. If you hire Northwest Registered Agent to act as your agent for service of process, we can save you money since our office is located in Albany, which has cheaper publication rates.

If your company is a corporation, there is no requirement to publish notice of your company’s formation in local newspapers. However, the New York Department of State receives mountains of documents each day; so, if you want to ensure fast processing, hire us for speedy service and gain access to a wealth of corporate tools.

What’s The Simplest Way To Resign As A Registered Agent In New York?

Start a FREE Northwest Registered Agent Account to access the forms or hire us to complete it for you. At Northwest Registered Agent, we offer a variety of services to lighten the load on your business and all filings are processed the same day you order.

Which New York Agency Does The Registered Agent Send Their Resignation To?

Submit the New York registered agent’s certificate of resignation and payment for the appropriate filing fee by mail, fax or in-person to:

New York Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave
Albany, NY 12231-0001

Fax:
518-473-1654

For inquiries call:
518-473-2492

New York Department of State Division of Corporations, State Records and UCC website

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