Every Texas LLC, Corporation or nonprofit entity formed under Business Organizations Code 5.200 must designate a registered agent.
A registered agent must accept legal documents (service of process) and official state mail like tax notices on behalf of the company.
If a registered agent doesn’t meet certain qualifications or fails to follow proper processes, penalties can be imposed by the state.
What is a registered agent?
A registered agent is someone who you designate to receive official papers on your behalf, including court papers if your business is sued (what lawyers call “service of process”) and notices from the Secretary of State regarding your company’s status.
Generally, states require businesses, especially corporations and limited liability companies, to appoint a registered agent and provide the agency’s address. This can help your business stay in compliance with governing business entity laws and reduce the risks of noncompliance with filing deadlines, tax penalties, or default judgments.
The best-registered agents provide reliable service and are available during business hours to ensure your important documents are received on time. They also offer a high level of customer support to answer questions by phone or online that you may have about your business.
What are the requirements to be a registered agent?
Every business entity in Texas, including LLCs and corporations, must have a registered agent to receive legal documents and other correspondence from the state. Having a registered agent is essential for keeping your company in good standing with the Texas Secretary of State and to avoid financial penalties.
A registered agent must be available during normal business hours to accept any service of process or other legal notice from the state and forward it on to you. Your registered agent also helps keep your business compliant with the state and provides important reminders about upcoming requirements.
If your registered agent is not up to date with the state, it can be costly and time consuming to change their information. In some cases, your registered agent’s failure to maintain their contact information could result in the revocation of your corporate or LLC status and additional financial penalties.
A good registered agent will be available to accept service of process or other legal notices on your behalf during regular business hours and provide a registered office address. They should also provide you with privacy, and will help keep your company in compliance with the state.
Who can be a registered agent?
A Texas registered agent can be an individual, a business entity or an organization. They must meet the statutory requirements and agree to serve as your registered agent.
They have to be a resident of Texas and be available to accept service of process during regular business hours. This means they have to be able to receive legal documents on behalf of your business, like summons or lawsuit papers.
It is important to be available for these tasks because if you aren’t, your company could be at risk. This can lead to penalties and fees for your company and you.
Typically, businesses and organizations have to designate a registered agent when they file their formation paperwork with the state of Texas. They can either choose to do it themselves or have an agent hired by a third party.
How do I change my registered agent?
If you’re a business owner in Texas, your registered agent is a person or company that consents to receive legal mail sent to your company. This includes service of process, court papers and other legal documents.
The address where your registered agent receives these documents is called their “registered office.” They must be available to accept service of process during business hours and then deliver it to you within a reasonable time frame.
You can change your registered agent in Texas by filing a Form 401 – Change of Registered Agent/Office with the Secretary of State. This can be done by mail, fax, online or in person.
The state charges $15 to file this form, but you can pay with a check or money order or by credit card. Alternatively, you can use the SOSDirect system to complete and submit the form online for $15.
