Are you forming an LLC in Texas? If so, you will need to appoint a registered agent for the company. The registered agent fills an important role for your business. The registered agent can receive official documents from the state and collect process documents if your business becomes party to a lawsuit. While you can legally act as your own registered agent, many LLCs choose instead to use a third party to take on this role. Doing so allows you to focus on your business while the registered agent manages the paperwork and logistics of the various documents your business receives.
A Texas registered agent is a required step to take if you are operating a limited liability company (LLC) within the state. Filing your registered agent with the Texas Secretary of State ensures that important legal documents and procedures are handled appropriately.
A registered agent is a person or business entity designated to receive official mail and legal documents on behalf of an LLC, limited liability partnership or corporation. Registered agents, or, as they are sometimes known, “statutory agents,” “agents of process” or “resident agents,” are required in all 50 states.
Registered agents serve an important role for businesses across the country. In Texas, a registered agent helps with the management of critical procedures. A registered agent can also serve as an effective buffer for the receipt of sensitive legal documents.
A registered agent in Texas serves multiple purposes. They are legally allowed to receive and inform the entity about critical information, including:
These are important steps that every LLC or other business entity may face. Consider service of process, for example. If you are party to a lawsuit and are being served papers about that court action, someone will serve you.
Each state has requirements for registered agents. In Texas, a registered agent must:
You can act as your own registered agent in Texas, provided you meet the guidelines outlined above.
Before appointing someone as a registered agent in Texas, you must ensure that that person has agreed to do so. In addition, if the business is sold, acquired or transferred, the company’s governing entity must confirm whether the registered agent will continue in that capacity.
The person named as the registered agent or registered agent service must confirm, either in writing or online, that they are serving in that capacity. The written or electronic consent must include:
The Texas Secretary of State’s office has an online form to use for noting the appointment of a registered agent. Form 401-A includes a fillable PDF containing instructions that detail the key provisions of state law regarding the naming of a registered agent.
The consent form does not need to be filed with the Texas Secretary of State’s office.
You file your registered agent as part of the filing of Form 205, the Certificate of Formation of a Limited Liability Company. That form asks you to identify whether the registered agent is an organization or an individual resident of the state.
The filing cost for the Certificate of Formation is $300.
There are several ways to submit your Texas registered agent materials.
You may use the SOS Direct online portal to submit. There is a $1 processing fee attached to this method.
You may mail the completed form to:
Secretary of State
P.O. Box 13697
Austin, TX 78711
James Earl Rudder Office Building
1019 Brazos
Austin, TX 78701
Texas Form 401 outlines how you can change your registered agent. The statement of change becomes effective when it is filed with the Secretary of State’s office or may be delayed for up to 90 days. Changing the registered agent costs $15 unless the entity is a nonprofit corporation or a cooperative association, in which case the fee is $5. Fees may be paid by personal check, money order, LegalEase debit card or credit card.
The completed form must be submitted in duplicate with the required fees to:
Secretary of State
P.O. Box 13697
Austin, TX 78711
Or by fax to (512) 463-5709 (with the use of Form 807 for credit card fees)
Or in person at
James Earl Rudder Office Building
1019 Brazos
Austin, TX 78701
Designating yourself as registered agent may seem like a sensible thing to do. However, there are many good reasons not to act as your own registered agent. Using a Texas Registered Agent service has many benefits, including the following.
Let someone else focus on the paperwork, filings, recordkeeping and management of legal documents. Using a third-party service lets you focus on your business.
In addition, one of the most important roles of a registered agent is to receive legal documents. If your firm is party to a lawsuit, you probably do not want to be served in your place of business in front of employees and clients. A registered agent acts as your representative for service of process in these cases.
By law, registered agents are required to file their name and address with the state. This information is public, meaning everyone will know your name and where you live.
You need to have a physical address in the state of Texas. If your company is based in Texas but you do not live there, this option is not viable. You will likely need a registered agent in every state in which you do business. It will not be possible to be a registered agent in all 50 states.
A Texas registered agent must be available during regular business hours. That can be a difficult thing to accomplish for a small business owner who may need to visit with clients, bankers or prospects.
If you change your address, you must notify the state promptly. The fees and time required to notify the state of Texas are not things you want to take on when moving.
While some notices may be unpleasant, it’s important to know when such paperwork arrives. Having a registered agent ensures you’ll have access to all the necessary papers and legal documents as soon as they are delivered. Your registered agent service will file and track all legal documents on your behalf.
Filing as a registered agent is an important part of your development of your business. Using an external service to act as your registered agent is a smart decision, allowing you to forgo the tedious details and focus on running your LLC.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
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