Texas registered agent: A comprehensive guide

Do you need a registered agent in Texas?

Texas requires business entities formed under state law, such as LLCs and corporations, to designate a registered agent and registered office in the state. Businesses formed outside Texas that want to operate here must also meet this requirement when registering to do business in the state through a process known as foreign qualification.

A registered agent is an individual or a company that a business designates to receive legal documents (such as service of process) and official state correspondence on its behalf.

The registered office must be a physical address in Texas where the registered agent is available to accept service of process during normal business hours. This address is also where the Texas Secretary of State will send official correspondence.

Who can be a registered agent in Texas?

To serve as a registered agent in Texas, an individual or company must meet the following requirements:

• Must be a Texas resident or a company authorized to do business in Texas
• Must have a physical address in Texas (P.O. boxes are not accepted)
• Must be available during normal business hours, Monday through Friday

Texas does not allow a business entity to serve as its own registered agent. For example, Lone Star Business Solutions LLC cannot designate itself as its own registered agent. However, an officer, owner, or employee of Lone Star Business Solutions LLC could serve as the registered agent, as long as they meet the qualifications above.

A person designated as a registered agent must also consent to the role in writing or electronically. While consent is required, a copy of that consent does not need to be submitted to the state.

What happens if I don’t have a registered agent in Texas?

Texas LLCs, corporations, and other filing entities are required to maintain a registered agent for the life of the business. Whether your business was formed in Texas or registered here from another state, failing to do so can have serious consequences.

Your business can be involuntarily terminated. If you don't maintain a registered agent and office, the Texas Secretary of State can administratively dissolve your business, revoking its right to operate in the state.

Loss of limited liability protection. Individuals who continue operating under a dissolved entity may be personally liable for debts incurred during that period. This defeats the primary purpose of having an LLC or corporation in the first place.

You can lose a lawsuit by default. If your registered agent can’t be reached to accept service of process, a plaintiff may be able to serve your company through an alternate method. That can reduce the time you have to respond and may result in a default judgment against your business.

How to choose a Texas registered agent service

Not all registered agent services are equal. When evaluating your options, look for the following:

• Availability. Your Texas registered agent must be physically present at the registered office during normal business hours to receive legal documents and any correspondence requiring a signature.
• Compliance expertise. A registered agent should know Texas business and compliance rules and stay current as laws change.
• Trained staff. Staff should know how to handle and forward service of process documents correctly. Errors can cause costly delays.
• Reliable document delivery. Look for a registered agent with a clear process for getting documents to the right person on your team promptly.
• Responsive customer service. When you have a compliance question, you need a knowledgeable person available to answer it.
• National reach. If your business expands beyond Texas, you'll need a registered agent in each new state. A service that can cover multiple states saves you from managing multiple providers.

Learn more: How to choose a registered agent for your LLC or corporation

How do I change my registered agent in Texas?

Changing your registered agent in Texas involves filing a form with the Secretary of State. A professional service provider can handle this step for you. If your business has fallen out of good standing, they can also advise on how to restore it.

1. Select a registered agent. Choose a registered agent that meets Texas requirements and fits your business needs. Key factors to consider include services offered, compliance expertise, pricing, and national reach.
2. Obtain consent. While it is not mandatory to file with the state, your new registered agent must consent to the role in writing or electronically. The Texas Secretary of State provides an optional consent form (Form 401-A) for this purpose.
3. File with the state. Submit Form 401 (Change of Registered Agent/Office) to the Texas Secretary of State and pay the required filing fee.
4. Update your internal records. Keep your company records current with the new registered agent's information, as it must be included in your annual Texas Franchise Tax Public Information Report (PIR) filed with the Texas Comptroller. (Note: You cannot use the PIR form to officially make changes to the registered agent or registered office. These changes must be filed directly with the Secretary of State.)