Every formal business in Texas is required by law to have a Texas registered agent. A registered agent receives all formal documents from the Texas Secretary of State, as well as any service of process filed on a firm in any case.
In this Texas Registered Agent tutorial, we’ll go over what a registered agent is, what they perform, and how to choose one.
What Is A Registered Agent In Texas?
A Texas registered agent is a person or corporate organization that serves as your company’s point of contact for:
All correspondence with the State of Texas, such as the Texas Annual Report and Franchise Tax, as well as the certificate of good standing.
In any litigation, the company receives full service of process.
Every formal company in Texas, such as an LLC, corporation, or partnership, is required by law to have a registered agent.
In Texas, may I act as my own registered agent?
Yes, any owner or employee of a company may serve as its registered agent in Texas if they are above the age of 18 and have a Texas street address.
You might also designate a member of your LLC or a friend you trust, as long as they match these standards as well.
Why Do Companies Use a Texas Registered Agent Service?
When forming an LLC in Texas, many firms opt to employ a registered agent service. Here are some of the main reasons why:
Compliance
A registered agent service keeps a compliance calendar and will notify you when yearly reports or other files are due, as well as assist you in submitting them.
This helps you avoid penalties and maintains your firm in good standing, both of which are necessary to preserve your limited liability protection.
If you do not reply immediately to serving of process, legal complexities, costs, or other concerns may develop. A registered agent will scan your papers, upload them to the internet, and tell you when they are ready.
Privacy
If you operate from home or a private office as your own registered agent, your address will be made public on the Texas Taxable Entity Search.
If your privacy is important to you, a registered agent service will use their own address instead of yours.
Discretion
Receiving service of process for a lawsuit at your place of business may be a delicate circumstance to have in front of your staff and customers.
To circumvent this problem, a registered agent will accept service of process and other papers at their office and deliver them to you discreetly online.
Flexibility
If you are your own registered agent, you must be accessible every working day of the year during regular business hours.
Registered agent services have real offices and people to cover certain hours, allowing them to be accessible during those times.
Hiring a registered agent service enables you to be more flexible with your working hours and locations. So go ahead and take a vacation, work from home or the office, or travel the globe knowing they’ll be there to collect your documents.
Online Data Storage
A competent registered agent service will scan your papers as soon as they arrive, maintaining a digital record of all your company documents and any service of process on a user-friendly dashboard.
If you employed an LLC creation service, you would most likely also use them as a registered agent. This implies a copy of your formation paperwork will be accessible online as well.
National Reach
If you want to grow your company into other states, such as by employing an out-of-state employee or establishing a new sales office, you must have a registered agent for your foreign LLC or other corporation.
The majority of registered agent services are available in all 50 states and Washington, D.C. Simply pay a little fee for the new state in which you operate, and they will transmit all of your paperwork to the same web dashboard.
What Is the Cost of a Registered Agent?
A registered agent service normally costs between $50 and $300 each year. When you consider how much time it will save you, this is a little amount to pay.
In Texas, How Do You Choose A Registered Agent?
When you finish your LLC’s Certificate of Formation in Texas, you will be asked to choose your registered agent. The Certificate of Formation is the primary document used to incorporate an LLC in Texas.
Online Registration of a Registered Agent
The Texas Secretary of State website allows you to create your Texas LLC online ($300 filing fee needed). You’ll have online access to all of the tools you need to appoint a registered agent and incorporate your LLC.
Choosing a Registered Agent by Mail
Download the Certificate of Formation form ($300 filing fee), fill out the appropriate information, and send a physical copy to the Texas Secretary of State to create your Texas LLC by mail. Article 2 will ask for the name and contact information of your registered agent.
How Do I Change My Texas Registered Agent?
Simply fill out Form 401 — Change of Registered Agent/Office and submit it to the Texas Secretary of State along with the $15 filing fee to change your Texas registered agent.
This may be accomplished through mail, in person, or via fax.
Mail:
Secretary of State Austin, TX 78711-3697 P.O. Box 13697
In-Person:
1019 Brazos St., Austin, TX 78701 James Earl Rudder Office Building
Fax:
(512) 463-5709
Consent to Appointment of a Texas Registered Agent
Your registered agent must also agree to their appointment. They may do so by submitting Form 401-A — Acceptance of Appointment and Consent to Serve as Registered Agent. While you are not required to submit this form with the Texas Secretary of State, you may do so for a charge of $15. A copy of the form should be kept in your internal records.
The following information is included on the form:
The company’s name
The registered agent’s name
The registered agent’s signature
Date
If you appoint a registered agent without their agreement, you may face penalties for making a false declaration. A registered agent may refuse an appointment by submitting Form 428 — Rejection of Appointment.
