NY Registered Agent & LLC Publication: What You Need
Introduction
When forming a New York LLC, one common question is whether specifying a registered agent affects your LLC publication requirement under Section 206 of the NY LLC Law. In short: yes, it can — but not in the way most people think. Understanding how the registered agent's address interacts with your county of office is key to ensuring your publication notices go to the right newspapers and your LLC remains in good standing.
The Role of the Registered Agent
A registered agent is the person or company authorized to receive legal documents (like lawsuits or official notices) on behalf of your LLC. Many business owners choose companies such as “United States Corporation Agents” or “Northwest Registered Agent” to handle this.
This address is typically used for Service of Process, but it does not automatically define your office location for publication purposes.
Key Distinction
Under Section 206, the county of office listed in your Articles of Organization—not your registered agent’s address—determines where your notices must be published.
However, confusion arises when formation services list only the registered agent’s address (often in Kings County or Albany County). This can mislead business owners into thinking they must publish there — or worse, skip the step altogether.
How the Registered Agent Impacts the Publication Process
While the registered agent’s address doesn’t directly control where you publish, it affects the process in these ways:
- Determining the Correct County
- The Department of State designates the county of office as listed in your Articles.
- If your Articles use the registered agent’s address instead of your actual office, your LLC may be assigned to that county for publication.
- Changing this later requires an amendment filing with the state.
- Mailing Address in the Notice
- The registered agent’s address often appears in the publication notice under “SSNY should mail process to…” This is perfectly acceptable — but it’s not the same as the publication county.
- Common Mistake
- Many DIY filers or third-party services use the agent’s Brooklyn or Albany address as both the mailing and office address. That causes the publication to be assigned to those counties, which can significantly increase or decrease costs depending on local newspaper rates.
Example
Let’s say you form ABC Consulting LLC and hire “United States Corporation Agents” in Brooklyn as your registered agent, but your business actually operates from Westchester County.
- If your Articles list Kings County, you’ll need to publish in Brooklyn newspapers (typically more expensive).
- If your Articles correctly list Westchester County, you’ll publish there — even though your agent’s mailing address is in Brooklyn.
Best Practices
- ✅ List your true business county in your Articles of Organization.
- ✅ Use your registered agent only for service of process, not as your business office.
- ✅ Keep your mailing address consistent across all filings and notices.
- ✅ Consult your publication specialist (like LLC Publishers) before finalizing newspaper selections.
How LLC Publishers Can Help
At LLC Publishers, we’ve seen this confusion hundreds of times. We review your Articles of Organization and confirm the correct county before publication — preventing costly mistakes and delays.
Our team handles:
- County verification
- Newspaper selection
- Affidavit filings
- Certificate of Publication filing with NYS
You stay compliant without the stress.
Ready to publish your LLC the right way? 👉 Get started with LLC Publishers and we’ll handle the entire process from start to finish.
Key Takeaway
Specifying a registered agent doesn’t automatically change your LLC’s publication requirements — but using the agent’s address as your business office does. Always verify which county applies to your LLC before you publish. That one detail can save you time, money, and compliance headaches.