How to Change or Cancel Your Registered Agent in New York

To change or cancel your registered agent in New York, file a Certificate of Change (Form DOS 1359) with the NY Department of State. The filing fee is $30. Standard processing takes up to 120 days, but expedited options are available starting at $25 for 24-hour processing. Once your registered agent is revoked, the Secretary of State automatically serves as your agent for service of process under Section 302 of the NY LLC Law — at no cost.

When to Change or Cancel Your Registered Agent

Most New York LLC owners don't need a paid registered agent because the Secretary of State already handles service of process for free. Common reasons to file a Certificate of Change include:

• Canceling a paid RA you don't need — saving $100–$300 per year
• Switching to a different RA provider — found a better price or service
• Updating your LLC's service of process address — you've moved and need to update where legal documents are forwarded
• Revoking an RA that was auto-added by your LLC formation service without you realizing it was optional

What You Need Before Filing

Before completing the Certificate of Change, gather this information:

• Your LLC's exact legal name — must match what's on file with the Department of State (check the DOS entity search)
• Date of formation — the date your Articles of Organization were filed
• County of office — the county listed on your Articles of Organization (this determines your publication county)
• Current registered agent information — the name and address of your current RA
• New forwarding address — where you want the Department of State to forward legal documents after canceling your RA

Step-by-Step: File a Certificate of Change (DOS 1359)

The Certificate of Change form allows you to make three types of changes. You can select one or more on the same form:

1. Change your service of process address — update where DOS forwards legal documents
2. Change your registered agent — switch from one RA to another
3. Revoke your registered agent — cancel your RA entirely and let the SoS handle it

Here's the process:

Step 1: Download Form DOS 1359

Download the Certificate of Change from the NY Department of State website. The form is a fillable PDF.

Step 2: Complete the Form

Fill in your LLC's legal name, date of formation, and county of office. Then check the appropriate box:

• To revoke your registered agent, select that option and leave the new agent fields blank
• To change to a different agent, provide the new agent's name and address
• To update your forwarding address, provide the new address where DOS should send legal documents

Step 3: Sign and Submit

Have an authorized member or manager sign the form. Submit it with the $30 filing fee to:

NY Department of State Division of Corporations, State Records & UCC One Commerce Plaza 99 Washington Avenue Albany, NY 12231

You can submit by mail (include a check payable to "Department of State") or in person at the Albany office.

Step 4: Cancel with Your RA Provider

After filing with DOS, log into your registered agent provider's dashboard and cancel your subscription separately. The state filing and the provider cancellation are two independent steps — filing DOS 1359 does not automatically cancel your RA subscription, and canceling with your provider does not file the state paperwork.

Processing Times and Expedited Options

Standard processing for a Certificate of Change takes up to 120 days — this is not a typo. The NY Department of State processes filings in the order received, and the backlog is significant.

If you need faster processing, DOS offers expedited options:

Expedited fees are in addition to the $30 filing fee. Verify current fees and processing times on the NY DOS website.

Practical tip: If you're canceling a paid RA to save money, the standard $30 filing is usually fine — your RA continues operating during the processing period. But if you're changing your forwarding address because you've already moved, consider expedited processing so legal documents aren't sent to an old address.

Critical: Update Your Forwarding Address

This is the most common mistake LLC owners make when canceling a registered agent. Here's why it matters:

1. Someone sues your LLC
2. They serve the Secretary of State (your default agent)
3. DOS forwards the lawsuit to the address on file
4. If that address is still your old RA's office, and you've canceled — you may never receive it
5. The plaintiff gets a default judgment against your LLC

The fix is simple: On Form DOS 1359, update the service of process forwarding address to your current home or office address in New York.

Certificate of Change vs. Certificate of Resignation

These are two different forms filed by two different parties:

In most cases, you file the Certificate of Change. The Certificate of Resignation is used when the agent decides to stop serving your LLC — for example, if you stop paying them or they're going out of business. If the agent resigns, the resignation takes effect 30 days after filing, and the SoS automatically becomes your agent.

How to Cancel with Your RA Provider

Filing the Certificate of Change with DOS is the legal step. But you also need to cancel your subscription with your registered agent provider to stop recurring charges:

• Northwest Registered Agent — cancel through your online dashboard or call customer service
• LegalZoom — cancel through your account settings or contact support
• ZenBusiness — cancel via dashboard or email support
• Bizee (formerly Incfile) — cancel through your account dashboard
• Harbor Compliance — contact support to cancel

Important: Cancel with your provider after filing DOS 1359 — not before. Your RA continues to receive and forward documents until the state processes your change. If you cancel with the provider first, there may be a gap where no one is receiving your legal mail.

How LLC Publishers Helps

Changing your registered agent is a separate process from LLC publication. But if you're an LLC owner reviewing your compliance obligations, you may also need to complete the publication requirement.

Every New York LLC must publish notice of formation in two designated newspapers within 120 days of formation under Section 206 of the NY LLC Law. LLC Publishers handles the entire process:

• Select county-approved newspapers for your county
• Run your legal notices for six consecutive weeks
• Collect notarized affidavits of publication
• File your Certificate of Publication with the Department of State

Frequently Asked Questions

Disclaimer

The information in this article is for general informational purposes only and does not constitute legal advice. While we strive for accuracy, laws and procedures may change. For specific legal questions about your LLC, consult with a qualified attorney. LLC Publishers provides publication services and administrative filing assistance, but we are not a law firm and cannot provide legal advice.

Key Takeaways

• File Form DOS 1359 (Certificate of Change) to change or cancel your registered agent — the filing fee is $30
• Standard processing takes up to 120 days — expedited options available from $25 (24-hour) to $150 (2-hour)
• Update your forwarding address on the form — this is critical if your RA's address was your service of process address
• Cancel with your RA provider separately — the state filing and provider cancellation are independent steps
• The Secretary of State is your free default agent — under LLC Law §302, you don't need a paid RA to receive legal documents
• Certificate of Change ($30) is for you — Certificate of Resignation ($20) is filed by the agent, not the LLC owner
• Registered agent changes don't affect publication — you still need to complete the publication requirement within 120 days of formation