How to Change the Registered Agent of a Texas LLC
A Texas LLC change registered agent proposal may be needed if you have set up a Texas LLC and need to change the Registered Agent.3 min read
A Texas LLC change registered agent proposal may be needed if you have set up a Texas LLC and need to change the Registered Agent. There are a few simple steps to the process.
Forming an LLC in Texas is relatively straightforward. They are easy to manage and come with many benefits. LLC's are designed for small businesses with simple regulations and low costs.
If you need to make a change to the paperwork you previously submitted, it can be done quite easily. LLCs in Texas require little paperwork to make changes within the company and files are processed quickly.
What Is a Registered Agent and What Do They Do?
Every Texas LLC has to have a Registered Agent assigned to the business. This could be you as the company owner, or a Managing Director. Someone who is authorized and responsible for certain aspects of the business and must carry out duties including:
- Receiving all tax and legal documentation
- Filing reports with the Texas Secretary of State
- Handling company legal issues on behalf of the ownerA Registered Agent must be able to commit to the following:
- Live within Texas and declare a street address
- Always be available within business hours to receive and sign for legal correspondence
- Allow their address to be available through public record and published on the Texas Secretary of State's website
If you live outside of the state and don't know of anyone suitable for the role you can hire a dedicated Registered Agent Service; an organization that has a team of staff to act as Registered Agents for other businesses.
How Do You Change a Registered Agent in Texas?
When a formed Texas LLC needs to change its Registered Agent, the Texas Secretary of State considers this an amendment to the Certificate of Formation. If the only amendment being made is the Registered Agent you will not be required to file a Certificate of Amendment and can file a Form 401.
Changing your Registered Agent via a Certificate of Amendment can be very expensive. If it is not required follow these steps:
- Check which State Form applies to your needs, for a straightforward change this is form 401.
- Complete form 401 noting any special requirements.
- Present with a duplicate copy by mail, fax, or in person to the Change of Registered Agent Office. You can also file online at SOS Direct.
- Pay the filing fee. In Texas, it is currently $15. If you fax the papers, include Form 807 with your credit card details to pay the fee.
- Pay the registration fee. The price will depend on how quickly you want the change to occur.
Processing will usually take 3-5 working days but may take up to 2 weeks. The state will return your stamped duplicate copy once completed.
If you want your application expedited, Texas offers this for an additional $25 fee. Include a cover letter stating this request and provide a contact phone number. The application will be completed by close of business on the following day.
You can view your filed documents online at the Secretary of State website. Set up an account with SOS Direct Texas and login to search through files. There is a $1 fee every time you log in.
Frequently Asked Questions
Do I need a Registered Agent?
State law requires every company to have a Registered Agent if doing business in the state of Texas.
What happens if I don't appoint a Registered Agent?
Your company cannot transact business without a Registered Agent. You could be subject to fines and penalties and it may result in your license to do business being revoked by the Secretary of State.
Can my Registered Agent be anywhere in Texas?
Yes, your Registered Agent must live in Texas and have a physical address (not a PO Box,) but can be based anywhere within the state.
What is the best way to file with the Texas Secretary of State?
Filing online is the quickest and easiest way to file your application. The processing time of online applications is usually quicker then applications by mail.
If you need help with changing the registered agent of your Texas LLC, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.