Texas Registered Agent: If you wish to start an LLC in Texas, you have to appoint a registered agent. According to Texas State Law, it is mandatory to have a Texas Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Texas, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Texas Registered Agent.
On this page, you’ll learn about the following:
What is a Texas Registered Agent
A registered agent (or a statutory agent or a resident agent) in Texas is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Texas LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Texas, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Texas
You may have several options for hiring a registered agent in Texas. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Texas can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Texas always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work. As it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Texas
You can choose a Texas Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a Texas Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Texas
At the time of submitting the Texas Certificate of Formation, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Texas LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Texas by mail, you need to download the Texas LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Texas Certificate of Formation.
Cost of a Texas Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Texas.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get registered agent at a low cost.
How to Change a Registered Agent in Texas
To change the Texas registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Texas Secretary of State via mail or in-person, or fax.
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Texas Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
In-person: James Earl Rudder Office Building
1019 Brazos St.
Austin, TX 78701
Fax: (512) 463-5709
How to Pay: The filing amount is payable to the Texas secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Registered Agent Consent Application
In Texas, unlike some other states, an Application of Consent can be filed. This consent letter is an assurance that the Registered Agent has given his consent to serve as an agent. Hiring agents without their consent can bring about penalties. The registered agent has to sign a consent letter (online or offline) confirming consent to being Appointeded in written or electronic form. This consent must include the following details,
- LLC name
- A letter that says the person gives consent to serve the LLC as a registered agent
- The execution date
- Name of the registered agent
- Signature of the registered agent
It is NOT mandatory to file this consent letter. However, filing this would be recommended to avoid any future conflict between the Registered Agent and the LLC. The Acceptance of Consent (Form 401-A) can be filed by paying the filing fee of $15 if you want when hiring a registered agent.
If the Registered Agent wants to reject the appointment, then he can file the Rejection of Appointment (Form 428)
Why Do LLCs in Texas Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Texas. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Texas ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Texas to publicly upload their address to the Texas Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Texas SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Texas or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Texas Business Laws for Registered Agents to Note
A registered agent, also known as a statutory agent, is an LLC’s most important member. Business owners must choose a suitable agent when incorporating an LLC; otherwise, the secretary of state may punish them. Of course, while choosing an agent, they must follow state requirements.
Every state, including Texas, has its own set of business regulations. Only a state resident would be aware of the restrictions and give services within the state. Texas registered agents should be aware of the following business laws:
Texas Antitrust Laws
The Texas Fair Enterprise & Antitrust Act of 1983 governs commercial operations in the state of Texas. Cost-fixing, bid-rigging, monopolies, group boycotts, and anti-competitive mergers and acquisitions are among the infractions investigated and prosecuted by the Texas Attorney General. In addition to the attorney general, the legislation grants private parties the authority to sue to enforce restrictions. Remember that an antitrust case must be brought within four years of the infringement.
Texas Civil Statute of Limitations Laws
By “Statute Of Limitation,” it is meant that the time limit it takes to file a civil complaint. It varies with diverse claims and criminal prosecutions in different states. According to the seriousness of the prosecution or claim, the Statutes of Limitation in the state of Texas vary. It ranges from 1-5 years. Sex crimes have the max 5 years Statute of Limitations, whereas Texas litigants have only 1 year of the same.
Texas Corporations Laws
Incorporating a firm is an exciting step for an enterprise with growth potential. It’s critical for businesses looking to incorporate to take the appropriate measures to guarantee that the necessary documentation is filed with the state. According to Texas law, firms must obtain a certificate of incorporation with the secretary of state that contains detailed information about their operations.
Texas Deceptive Trade Practices Laws
Most states have legislation outlawing “deceptive” business tactics like bait-and-switch methods and fraudulent advertising. Although Texas does not follow the Uniform Deceptive Trade Practices Act, which many other states have embraced, it does have its own comprehensive statute on the subject. The attorney general, district attorneys, and consumers can make all file lawsuits against violators under Texas’ deceptive commercial practices legislation.
Texas Interest Rates Laws
Most states have rules regulating the interest rates a creditor can charge, ranging from 5% to 15%, although most consumers accept higher rates by consenting to the loan terms (thus waiving statutory interest rate limits). Interest rates on judgments in Texas are capped at 6% or 18%. Business loans, commercial loans, investments, and open-end accounts are exempt from these limits under Texas interest rate rules.
Texas Security Deposit Laws
Because there is no fixed limit on how much a landlord can demand a security deposit in Texas, they can theoretically charge exorbitant amounts for this initial payment. Under Texas law, tenants have a slew of rights. The landlord has a certain period of time after a tenancy is terminated to repay the security deposit to the tenant. Furthermore, under Texas landlord-tenant law, a landlord may only withdraw from a security deposit for particular reasons. A landlord’s claim to any share of the tenant’s security deposit may be forfeited if they act in bad faith during this process.
How to Remove a Registered Agent for LLC in Texas
A registered agent for LLC in Texas can be removed by filing a Statement of change of registered agent and/or registered office with the Texas Secretary of State with a filing fee of $15.
Prior to diving into the procedures, let’s start by defining the role and importance of a registered agent in an LLC. A registered agent is an individual or a company designated to receive important legal and official documents on behalf of the LLC, including tax forms, government correspondence, and legal notices. They essentially act as a point of contact between the state and the company.
If you find yourself needing to remove a registered agent, several considerations need to be acknowledged. First and foremost, consult your LLC’s governing documents—specifically, the company’s operating agreement. No two operating agreements are the same, so it’s vital to ensure that the process outlined within yours is followed diligently. Often, removing a registered agent will require a vote or agreement by the members or managers of the LLC. Be sure to familiarize yourself with any specific provisions present in your agreement that might be related to the removal of the registered agent.
Next, once you have familiarized yourself with your operating agreement’s requirements, it’s time to initiate the actual removal process. To commence the removal, you will typically need to draft a formal notice of the change to both the current registered agent and the Texas Secretary of State. Keep in mind that adding new registered agents and their consents might be necessary. Address any potential liabilities or unpaid fees that might arise after the designation termination of the current registered agent.
Once the necessary documents have been prepared, delivered, and all requisite fees have been paid, it is essential to keep thorough records. Retain copies of everything related to the removal process, including receipts, confirmations, and any relevant correspondence. Keeping these records ensures compliance and may prove invaluable in the future, should any questions or disputes arise.
During this removal process, it is crucial to be mindful of deadlines. Failing to adhere to deadlines set by your operating agreement or prescribed by the state of Texas could result in complications for your LLC. Therefore, closely monitor and respect any time limits imposed, as missing them may lead to additional fees, penalties, or even legal consequences.
Ultimately, to successfully remove a registered agent for an LLC in Texas, a combination of adherence to operating agreement provisions, closely following established procedures, clear communication, and promptness is key. Though the process might appear intimidating at first, armed with the appropriate information, you can navigate these necessary modifications efficiently and with confidence.
In conclusion, removing a registered agent from your Texas-based LLC does not have to be a daunting task. By understanding and following your operating agreement’s provisions, adhering to the established procedures, and respecting the deadlines, you can successfully remove a registered agent. Remember, keeping detailed records throughout the process guarantees accountability and ease in the future. So, go ahead, take the necessary steps, and make the changes to your registered agent in order to keep your LLC running smoothly and efficiently in the Lone Star State.
You can change the registered agent in Texas. To do so, you need to submit an application form and a fee of $15. Submit the RA change application form to the Secretary of State. It can be done online, by mail to the address Secretary of State, P.O. Box 13697, Austin, TX 78711-3697, or by fax, whichever provision is available for you.
Anyone who is above 18 years of age and a permanent resident of Texas can become a registered agent. The person must have a right to conduct business in the state. If these requirements are fulfilled, anyone can become a registered agent.
Anyone who is above the age of 18 and a resident of Texas can be a registered agent. Any person related to you or non-related to you meeting the requirements can be appointed as a registered agent for your LLC in Texas.
If you want to change the registered agent’s address, you have to update the new address to the Texas SOS. To do so, you need to submit the RA Change Form to the Texas Secretary of State. In the form, update the address section with the new one. You can submit it online, by mail to the address Secretary of State, P.O. Box 13697, Austin, TX 78711-3697, or by fax, whichever provision is available for you. You may pay a fee for the process.
By visiting the Texas Secretary of State’s website, you can find a company’s details. Go to the business search option to look for the company. Once you find it, check the registered agent details on the portal.
A registered agent in Texas is appointed to serve any process or notices on behalf of your company. The registered agent’s office address is used as an official address for such paperwork. Anyone who meets the requirements can be a registered agent in Texas.
In Texas, when you file your business with the Texas Secretary of State, then you must provide the details of the registered agent you hired. You need to enter the name, address, phone number, and date of appointing the registered agent. Once the formation is complete, your registered agent will be registered with the Texas SOS.
If you want to search for a registered agent’s address in Texas, you must search through the Texas SOS. Go to the website, search by the company name, and finally, look for the registered agent details. In the registered agent section, you will find the address and contact information of the registered agent in Texas.
To find the business name with the help of a registered agent’s name, you must visit the Texas SOS website. In the search option, you can enter the registered agent’s name to get the business details. You can search for the business there under the search results.
The requirement for a registered agent is the person appointed as a registered agent must be 18 years of age or older and must be a resident of the state. If both criteria are fulfilled, that person can serve as a registered agent in Texas.
Looking up a registered agent for a corporation in Texas is easy. You must go to the Texas Secretary of State’s portal. You can find a business by its name, tax ID, and registered agent’s name. Search a business by its name to get the registered agent information of the corporation.
The resignation process is easy for a registered agent in Texas. The person has to send a written notice (resignation letter) to the company first. Once the notice is accepted by the company, it has to be sent along with the resignation notice to the Texas SOS by mail or fax, or online to proceed further.
If you want to update the registered agent in Texas online, you must visit the official website of the Texas Secretary of State. You have to submit the RA Change Form online (if available) or by mail to update the registered agent in Texas.
To get a free registered agent in Texas, you can do a couple of things. The first thing is you become your own registered agent for your company. The second way is to make someone from your family a registered agent. Finally, if you are hiring a professional registered agent, you can look for free service providers.
In Texas, if you want to research the registered agent, you must visit the Texas SOS. You can search your business by its name to get the information. Once you get the information about the company, you can research the registered agent, his address, and contact information.
The registered agent form (business formation document) needs to be mailed to the address Secretary of State, P.O. Box 13697, Austin, TX 78711-3697. There is no separate form to appoint the registered agent. A registered agent should be appointed through the formation documents in Texas.
If you have a business in Texas, you must have a registered agent. However, if you don’t have one or your registered agent has resigned, then you need to hire/replace another one asap, or you can serve as a registered agent for your company in Texas.
If your registered agent representing your company dies, then the power given to him gets inactive. Companies in Texas need to appoint/replace another registered agent through the RA change process. You can change a registered agent by mail, online, or by fax.
It is not 100% confirmed that you can hide a registered agent’s name. Because in Texas, it is mandatory to have a registered agent’s name and address to be uploaded on the Texas Secretary of State’s website. If you run an Anonymous LLC, then you can hide owners’ and members’ names from being seen.
You need to call on this number (512) 463-5705 in Texas to get the information about the registered agent. This is the Secretary of State’s office number in Texas. You might have to wait and follow the caller’s instructions to reach the department you are searching for.
Every registered agent in Texas has to give their consent before they start representing a business. In some cases, the registered agent has to submit the consent letter separately to the Texas SOS. Whereas, in some cases, they can only sign the RA change form or the formation documents to send their consent.
In Texas, a registered agent and a resident agent are the same designations. It is just the name that is different in different states. The process of appointing the registered agent and the resident agent is the same in Texas.
In Texas, If consent is not given by the designated person, then the company might have to face legal liabilities. It might be considered a false representation. On the other hand, the un-consented agent can deny any duty assigned to the person.
In Texas, a company can be sued even when there is no registered agent. The company will receive the legal notice in a different way than usual because there is no registered agent’s office to receive the documents.
An appointed registered agent can reject the designation if they want. In Texas, you need to sign and submit a statement of rejection to the Texas SOS. Once the rejection statement is accepted, you can leave the job immediately.
Before you choose a registered agent for your Texas LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.