You formed your Texas LLC. You did the paperwork. You started operating your business.
And now, for one reason or another, you need to change your registered agent. No worries, we’ve got you covered.
There are a number of reasons you might need to change your Texas LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in Texas might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
What the State of Texas Says about changing a Registered Agent
The state of Texas has certain requirements for changing your LLC’s registered agent. All business entities operating in Texas are required by law to maintain a registered agent on file at all times. In order to change its agent, a business entity must file Form 401 with the Secretary of State’s. Additionally, the new registered agent is required to have consented to the appointment, although this consent does not need to be submitted with the form.
Who can be a Texas Registered Agent
You can’t pick just anyone to be a registered agent for your LLC. The state of Texas puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in Texas must:
- Be an individual Texas resident or a business entity located in Texas
- Have a Texas street address (P.O. boxes are not allowed)
* If your registered agent is a foreign business entity, it must be authorized to transact business in Texas
How to Change Your Texas Registered Agent
Let’s get this registered agent change underway. You can make it happen on SOSDirect, the Secretary of State’s online filing system, or by submitting Form 401: Statement of Change of Registered Office/Agent.
We’ll start with online. It’s a pretty straightforward process. Head over the the SOSDirect portal and click “Enter Site” at the bottom of the page. On the following page, you’ll need to log in or create an account. From there, select the change to registered agent/office form and let the system guide you through the process.
Going with a paper form? Glance it over and you’ll see extensive directions on pages 1-3. When you’ve completed it, you can submit it via mail, fax, or in person.
All submission options require a $15 fee, which you can pay by card, check, or money order. Checks and money orders should be made payable to “Secretary of State.”
For mail, send your form and payment to P.O. Box 13697, Austin, Texas 78711-3697.
Or fax it to (512) 463-5709. Faxed documents must include a completed copy of Form 807 to process payment information.
If you’re local to Austin and would like to hand-deliver your materials, take them to the James Earl Rudder Office Building at 1019 Brazos St., Austin, Texas 78701.
Texas doesn’t require LLCs to file annual reports, so you can’t make your registered agent change there like you can in some states. Nor are you allowed to make this change by amending your Certificate of Formation.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? Then you’re good to go! Just kick back and wait for your new registered agent to show up on file.
Consider a Registered Agent Service
Think of your registered agent as a mediator between you and the state of Texas, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
- service of process notices
- tax information
- and other Secretary of State correspondence.
A lot of important stuff. Which is why a reliable registered agent is essential to every Texas business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a Texas small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good Texas registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top five registered agent services.