Every LLC or Corporation formed in Texas under Texas statute Business Organizations Code 5.200 is required to designate a registered agent.
A registered agent must have a physical address in Texas where they can accept legal documents (service of process) and official mail like tax notices.
The registered agent can be you, a family member or a professional service. They must be available to receive documents during normal business hours, and they must be able to sign for them.
What is a registered agent?
A registered agent is the person or company designated to receive service of process on behalf of a business entity (usually an LLC, corporation or C Corp). The registered agent’s job is to accept official paperwork from the government and legal notices.
In most states, registered agents are required to maintain a physical address in the state and be available during normal business hours. This requirement is especially important if you operate a home-based business and are not always available at your registered office.
A professional registered agent should be reliable, accurate and consistent. They should be available to accept legal documents in person at the address listed on your public papers, such as the Articles of Organization or Certificate of Formation.
Why do I need a registered agent?
If you own a limited liability company (LLC), corporation or nonprofit in Texas, it’s a state requirement to designate a registered agent. The person or business entity you choose to be your registered agent will receive service of process and official mail on behalf of your company.
Choosing a registered agent helps ensure that time-sensitive documents such as annual report renewals, tax notices and lawsuits are sent to the right people in a timely manner. This position is also necessary to receive important state-related notifications, such as garnishment notices and certificates of good standing.
Whether you want to appoint yourself, someone within your organization or a third party, the process is simple. All you need to do is fill out and submit Form 401-A with the Secretary of State’s office and pay a $15 filing fee.
How do I choose a registered agent?
A Texas registered agent is required for all LLCs, corporations, limited partnerships (LPs), and limited liability partnerships (LLPs). They accept official documents on behalf of the business.
A registered agent can be an individual or an entity. They must be a resident of Texas and available during business hours to accept service of process.
If you are a Texas resident, there are 4 options for you to choose from:
Option 1: Assign yourself as your own registered agent.
You can do this by filing Form 401-A with the Texas Secretary of State and paying a $15 fee.
Opting for a registered agent service is a good choice for many reasons, including legal compliance and improved privacy.
Most registered agent services are affordable and will provide you with a secure private mailbox to keep all your important legal documents safe. They will also be able to notify you of any upcoming state requirements to help you keep your business in compliance.
How do I change my registered agent?
If you want to change your registered agent in Texas, you can do so by filling out Form 401 – Statement of Change of Registered Office/Agent. You can submit this form by mail, fax or online using the SOSDirect system.
If your business is a limited liability company (LLC), you can also update the registered agent on your Certificate of Formation. This is a quick and easy way to make changes to your LLC information without filing additional paperwork.
However, you will need to submit this document within the filing period or your company could be liable for penalties and fines.
A registered agent is responsible for receiving legal mail on behalf of your company and for promptly forwarding it to you. They must have a physical street address in Texas and be available during regular business hours to accept service of process.