The State of Texas requires all corporations, LLCs, and nonprofit organizations to appoint a registered agent when they file their formation documents. Learn who your Texas registered agent is, what their duties are and how to choose the best one for your business.

The person or company you select as your Texas registered agent must agree to act as your representative by completing Form 401-A. It’s important to understand that a company or individual must be available to accept legal notices at their registered office address during regular business hours.

Requirements

If you are a Texas business, you will need to designate someone as your registered agent. This person or organization will receive and accept legal documents, such as process notices, for your company and forward them to the right people.

You may choose to act as your own registered agent or hire a commercial registered agent service. Having a professional registered agent will ensure that you don’t miss any filings, tax deadlines, or important state correspondence.

When you select someone to serve as your registered agent, they will need a physical address in Texas that is accessible during normal business hours. They must also be available to accept service of process notices during those hours.

A registered agent can be anyone that meets certain requirements, including being at least 18 years old and not having an issue with their address being public. You can also use a friend or family member as your registered agent.

Service of Process

Every Texas business entity is required to appoint a registered agent in the state. This person is responsible for receiving official documents on behalf of the business entity, including service of process (service of a lawsuit).

It is crucial that a registered agent has an address in Texas where process servers can personally serve legal papers during normal business hours. This can be a difficult requirement for some businesses.

Therefore, a majority of businesses choose to work with a professional registered agent service rather than acting as their own. This reduces risk and increases privacy, flexibility, and convenience.

If the business entity does not appoint or maintain a registered agent in Texas, it may be involuntarily terminated or revoked by the state. A company that fails to comply with this requirement can also face fines and penalties.

Notices from the Secretary of State

Every LLC, corporation, nonprofit and legally formed business entity in Texas must appoint someone on its formation documents to serve as its registered agent. This allows the general public to search the state database and find that company’s legal point of contact if they need to get in touch with the business.

A Texas registered agent accepts mail and legal notices on behalf of a business entity and forwards them to the company’s owner. This prevents the company from missing vital legal documents and notification, such as a notice of service of process or a state filing.

To change your Texas registered agent, you can either file a statement online on SOSDirect or by submitting Form 401: Statement of Change of Registered Office/Agent. Changing your registered agent is easy, and can save you time in the long run.

Fees

Choosing the right registered agent can be crucial to your business’s compliance and legal standing. Without the proper registered agent, you could face expensive fines and even see your business dissolved by the state.

Having a professional Texas registered agent ensures that you receive critical paperwork on time and confirms that your filing requirements are met. They also offer annual report reminders and help keep your company in good standing with the state.

The costs associated with being a Texas registered agent vary by company. In general, professional registered agents charge between $40 and $350 per year.

To change your registered agent, fill out Texas Form 401-A and present with a duplicate copy to the Secretary of State by mail, fax or in person. The filing fee is currently $15.