When forming your legal entity with the New York State Department of Education (DOE), certain information is required prior to filing the documents with the New York State Department of State (DOS). This article concentrates on the privacy of the address of the practitioner. For information about the rules of the DOE regarding the name of the practice, confirmation of your license, and the type of legal entity, please refer to prior articles.
When filing your legal entity, you must indicate what address will be used as the DOS agent.
This is the address to which legal documents will be sent from the State Department, when necessary. This includes, but not limited to, any lawsuits or claims made against the legal entity.
The information regarding the DOS agent is of public record, and is listed on the Department of State’s website. If the practitioner wants to keep their home address private, they may want to consider the DOS agent being a separate address from their home.
The DOS agent can be the physical business address of the practitioner, the attorney’s address who formed the legal entity or another address, at the practitioner’s choosing. So long as the practitioner understands that this address will be public record, it is their sole choice on what address they would like to have listed on the filing documents for their legal entity. It is also important to understand that P.O. Boxes are not allowed to act as DOS agents.
Due to the present situation under the pandemic, many practitioners are opting to perform telehealth services and thus the need for office space is not currently necessary. It is especially important now for the practitioners to understand when forming a legal entity what address will be used for the DOS agent in order to avoid releasing any information that the practitioner may want to maintain as private.
Understanding the role of the DOS agent and the address to use can get a little confusing. The one aspect to take into consideration is whether the practitioner wants to maintain their privacy or not when it relates to their home address.
Stephanie J. Rodin, Esq.
Rodin Legal, P.C.
Tel: (917) 345-8972
Fax: (917) 591-4428