Texas Change of Registered Agent
A Texas change of registered agent is actually very easy and only requires filling out the correct form and paying a small fee.3 min read
A Texas change of registered agent is actually very easy and only requires filling out the correct form and paying a small fee. You may want to change your registered agent for several reasons, including to reduce your monthly fees or improve your services.
What Are Texas Registered Agents?
In Texas, both domestic and foreign limited liability companies (LLC) are required to have a registered agent. An entity's registered agent must maintain a physical office in Texas. Under the Texas Business Organizations Code (BOC), unincorporated nonprofit associations are also allowed to appoint a registered agent.
All business operations in Texas need a registered agent, and the point of this agent is so that a business can be contacted at all times. In particular, resident agents serve as a point of contact for legal notifications or service of process.
Texas registered agents can possess several characteristics, such as:
- The ability to receive mail sent to the business, including legal notices.
- Being listed on the registration documents of a company.
- Possessing a physical office where they can be contacted during regular business hours.
What Is a Registered Office?
Businesses in Texas are also required to have a registered office, which is a physical Texas address where the registered agent can be contacted. When the Secretary of State needs to get in touch with a business, it will send correspondence, such as the service of process, to the registered office.
The registered office is the registered agent's business address, and the registered office can be at the same address as the business's principal office. Registered offices cannot, however, be a P.O. box that is part of a commercial mail service.
Where to List Your Registered Agent
All business entities in Texas need a registered agent, and every entity will need to list the name and address of their registered agent on the correct document. A Texas LLC, for instance, will need to name a registered agent on its Certificate of Formation, as will Texas corporations. In court proceedings, it's possible that the judge will require you to name a registered agent. The reason for this is that you may have been hard to contact in the past, and the judge wants to make sure that you can be located.
Why Registered Agents Are Required
It's important that there is a simple solution for sending legal notifications to businesses operating in Texas. When a business can't be contacted, it's possible they can hide from the public, meaning it would be difficult to hold these businesses accountable for their actions.
It is for this reason that Texas requires all businesses to have a registered agent. This requirement makes sure that businesses can be contacted, and the general public will be protected.
How to Change a Texas Registered Agent
All corporations and LLCs need a registered agent, and these agents must possess a physical Texas address. If you incorporate your business using an online incorporation service, you may be offered a free registered agent for a short period of time. After this period has expired, however, you will be charged for the services of your registered agent, and your bills can be as high as $400.
Businesses that want to change their registered agent to lower these costs can follow a few simple steps to appoint a new agent:
- Select a new registered agent or registered agent service.
- Make sure you have the correct address.
- Complete and submit a Change of Registered Agent form.
- Include a check for $15 to cover the required fee. Your check should be made payable to the Texas Secretary of State.
- Mail your completed form and your check.
Make sure that you perform a Texas business name search to see if your registered agent has actually been changed.
When choosing a new registered agent in Texas, you can either select a resident of the state or a business that has a registered office address in Texas. You also need to be sure that you do not choose a person or entity that is not eligible to serve as a registered agent. For instance, your company cannot serve as its own registered agent, and you are also not allowed to appoint the Secretary of State as your registered agent.
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