Texas Registered Agent

Written by: Mary Gerardine

    Whether you’re starting a new LLC or updating the registered agent for your existing business, it’s important to choose the best Texas registered agent for your needs.

    This article will help you to choose the registered agent that best fits your business, go over the basic functions of registered agents, and answer common questions about registered agents.

    A Texas registered agent is an individual or business entity that is appointed by a Texas LLC or corporation to receive tax and legal documents such as service of process, government correspondence, and compliance documents on behalf of the business.

    Note: If you haven’t yet formed your LLC, you can get one year of registered agent services for free if you form your LLC with Northwest Registered Agent ($39 + state fees). (This is a great deal!)

     

    Best Texas Registered Agent Service

    Northwest Registered Agent

    When choosing a registered agent service, you want someone who understands the importance of staying compliant and being diligent about legal processes and paperwork. That’s why Northwest Registered Agent is our #1 registered agent service choice for Texas businesses.

    We recommend Northwest Registered Agent, which offers everything that you need to form your LLC along with Registered Agent services. The company boasts over 20 years of operations helping small businesses start or grow.

    Northwest has a 100% Error-Free Guarantee with outstanding customer support, exceptional services, and high prices to match. If data privacy and access to customer support are top on your list, the extra costs of working with Northwest Registered Agent may be well worth it for you and your business.

    Recommended Registered Agent Service

    For premium customer service and data security, Northwest Registered Agent is our #1 pick for registered agent service.
    4.8 out of 5 starsNorthWest Registered Agent ($39 + state fees)

    See how Northwest Registered Agent compares to other registered agent services in StateRequirement’s Best LLC Services review

     

    What Does a Texas Registered Agent Do?

    A registered agent does a few things for a company. Their main task is to be present when or if the company needs to receive tax or legal paperwork. These would be documents that can’t be sent to a mailbox or delivered to a front desk; rather, documents that must be handed directly to the person who represents the company.

    A simple example would be a service of process, which is the delivery of legal documents in a lawsuit. These service documents must be delivered directly to the company’s representative – the registered agent – to ensure they are received.

    This may seem like a small task, but the caveat that makes this a critical position is that the registered agent is required to be at the documented location to receive these papers during all regular business hours.” This is the main reason that most people choose to use a registered agent service rather than operating as their own agent.

    Other forms that your registered agent may receive on your behalf are:

    • Tax forms
    • Legal documents
    • Official government correspondence
    • Service of process

     

    Another function of a registered agent is to file official documents with the state in which the LLC or corporation is established. In most states, businesses are required to file an annual report once per year to keep the business in “good standing” with the state.

     

    Can I Be My Own Registered Agent in Texas?

    The short answer is yes, you can be your own registered agent.

    Whether or not that’s the best plan for you or your company is another question entirely. If you are looking to spend the absolute, bare minimum amount of money on your business, then being your own registered agent may not be a terrible choice. Still, even in that scenario, we don’t recommend it.

     

    Benefits of Using a Registered Agent Service

    There are only a few realistic options when it comes to whom you file as your registered agent:

    • Yourself
    • An attorney
    • A registered agent service

     

    As mentioned above, being your own agent has pitfalls and isn’t recommended. What’s more, an attorney in this position would be quite expensive and is generally only a viable option if you had them form your business for you.

    So, that leaves you with the option of using a service. Here are the biggest benefits of using a professional registered agent service:

     

    Privacy

    When you form an LLC or corporation, your formation data goes into a state database which is open and searchable to the public. The information in this database can include:

    • Business name
    • Formation date
    • Registered agent name
    • Registered agent address

     

    While you can’t stop the state from publishing this information, you can retain the privacy of your name and your address by using a registered agent service. Since this information is public, marketing companies use these databases to gather information to market their products and services to business owners. Your mailbox will thank you for keeping your business address private.

    Another major privacy benefit is having legal documents delivered to your agent and not you personally. If, for some reason, someone brings a lawsuit against your company, would you rather have your agent call you with these documents or have them served to you in front of your customers, clients, or employees?

     

    Easy Compliance

    Along with privacy, another of the main benefits of using a registered agent service is that they will help to keep your business in “good standing” with the state.

    Some states require LLCs and corporations to file annual reports or other timely documents. While these generally aren’t difficult tasks, they are often easily forgotten or lost in the day-to-day work that your business hands you.

    Your registered agent will send you reminders that this work needs to be completed, and some will even provide you with the proper documents to make your work even easier.

     

     

    How Do I Elect a Registered Agent in Texas?

    In Texas, you must appoint a registered agent during your LLC formation. The registered agent is appointed on your LLC’s Articles of Organization (known as a Certificate of Formation in Texas). Using an LLC formation service provides the convenience of handling these things for you.

    Your registered agent must be a resident of Texas with a physical Texas address. Additionally, the registered agent must have the capacity to serve in the state, be available during normal business hours, be able to receive official mail, government correspondence, and service of process.

    Once you decide who your registered agent will be, you will need to do the one of the following:

    1. File your LLC’s Certificate of Formation online at the Texas SOSDirect System. You’ll also need to complete a Consent To Serve as Registered Agent (Form 401A) to keep in your business records. The New Texas LLC fees require a $300 filing fee for the LLC formation.
    2. File by mail or in person with the Texas Secretary of State by downloading and filling out the Texas Certificate of Formation (Form 205). You’ll be asked to provide your registered agent’s information under Article II. Similar to online filing, your registered agent must consent to their appointment for your business’s records. Submit the Certificate of Formation with your name, address, and telephone number, along with a check for the $300 fee, to the Texas Secretary of State Business & Commercial Section (see address below).

     

    How Do I Change My LLC’s Registered Agent in Texas?

    Choosing to change your registered agent is easy; all you need to do is to update your previous registered agent to a new one in Texas.

    • File a Change of Registered Office or Registered Agent
      The best way to change your registered agent is to file the Statement of Change of Registered Office/Agent Form (Form 401). You must complete Item 4 to effect a change to the registered agent or registered office address. Once you complete the Statement of Change of Registered Office/Agent form, mail, fax, or deliver two copies of the form to the Texas Secretary of State – Business & Commercial Section (see address below). The filing fee for a change of registered office/agent is $15 paid by personal checks, money order, or credit card. You can also use the Texas SOSDirect System to make changes to your assigned registered office/agent.

     

    • File Your Texas Franchise Tax and Public Information Report
      If you haven’t yet filed your Texas LLC Franchise Tax and Public Information Report, you can use this reporting period by updating the name and address of your registered agent/office under Section C. Your Texas LLC is required to complete and submit a Public Information Report and file for Texas Franchise Taxes each year. This report is due by May 15 each year and is required for all Texas LLCs. More information can be found on the Texas Comptroller of Public Accounts website.

     

    • File a Texas Certificate of Amendment
      You can also file the Texas Certificate of Amendment (Form 242) to amend your registered agent/office. Print two copies and mail the forms, along with the check for the $25 filing fee, to the Texas Secretary of State – Business & Commercial Section. Unless you also need to amend your business purpose or add LLC members/managers, this is a more complex method of filing.

    Note: If you choose to use or switch to a registered agent service, they should complete and file the changes for you. For more information about our recommended Registered Agent service for your LLC, check out our Northwest Registered Agent review.

    Recommended Registered Agent Service

    We recommend Northwest Registered Agent, which offers their Texas registered agent service free for one year along with your LLC formation ($39 + state fees).
    NorthWest Registered Agent ($39 + state fees)



    Texas Secretary of State Contact Information

    Mailing Address

    Texas Secretary of State
    Business & Commercial Section
    Secretary of State
    P.O. Box 13697
    Austin, TX 78711-3697

    Physical Address

    Texas Secretary of State
    James Earl Rudder Office Building
    1019 Brazos St.
    Austin, TX 78701

    Hours: Monday – Friday, 8:00 am – 5:00 pm

    Phone: (512) 463-5555

    Email: Corpinfo@sos.texas.gov




    Texas Registered Agent FAQ

    Who can be a Texas registered agent?

    Anybody who meets the necessary requirements can act as your registered agent. These requirements include:

    • Must be at least 18 years old
    • Must have a physical street address in the state of Texas
    • Must be available during typical work hours (i.e., 9 a.m. to 5 p.m. Monday through Friday)

     

    Is a statutory agent the same as a registered agent?

    Yes. Some states refer to registered agents as statutory agents. Other names for registered agents include resident agent and agent for service of process.

     

    Can I be my own registered agent?

    While you can be your own registered agent, it comes with a lot of responsibility. This could take you away from the parts of your business that you enjoy the most. It can also be stressful trying to keep up with all compliance requirements, and your information will also be available on the public record.

     

    Can I get a free registered agent?

    Yes, as long as they meet all of the necessary requirements and follow the state’s guidelines. It can lead to trouble if you use someone that doesn’t follow all rules and regulations.

    Many LLC formation services offer free registered agent services with their packages for a certain amount of time.

     

    Why do I need a registered agent?

    All states require that LLCs have a registered agent. Businesses need registered agents because there needs to be a point of contact for every business, for legal processes, communication, and staying in compliance.

    Check out StateRequirement’s guide on why you need an LLC registered agent.

     

    How do I choose a registered agent?

    The best registered agent or service will be responsible, helpful, and honest. They should have a track record of being on time and working with other influential businesses.

     

    How much does a registered agent service cost?

    A registered agent service can cost as low as $99/year for some services, but others may charge considerably more depending on what services they offer.




    Information on this page is not to be considered legal or tax advice. Data was gathered from a multitude of sources and most recently updated in May 2022.

    Any Information on this site is not guaranteed or warranted to be correct, accurate, or up to date. StateRequirement and its members and affiliates are not responsible for any losses, monetary or otherwise. StateRequirement is not affiliated with any state, government, or licensing body. For more information, please contact your state's authority on insurance.

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