How to Change Your Registered Agent in Texas

Every business entity registered in Texas must maintain a registered agent to receive legal documents and official government correspondence. There are many reasons you might need to change your registered agent - perhaps your current agent is retiring, you're dissatisfied with their service, or you're looking to save on registered agent fees. This guide will walk you through the process of changing your registered agent in Texas.

What is a Registered Agent?

A registered agent (sometimes called a resident agent or statutory agent) is an individual or business entity that accepts tax and legal documents on behalf of your business. In Texas, your registered agent must:

• Have a physical street address in Texas (P.O. boxes are not acceptable)
• Be available during normal business hours
• Be at least 18 years old (if an individual)
• Be authorized to conduct business in Texas (if a business entity)

When to Change Your Registered Agent

Common reasons for changing your registered agent include:

• Your current agent is closing their business or retiring
• You're dissatisfied with the quality of service
• You're looking to reduce costs
• Your business has relocated
• You want to serve as your own registered agent
• You're switching to a professional registered agent service

Step-by-Step Process to Change Your Registered Agent in Texas

Step 1: Select a New Registered Agent

Before filing any paperwork, ensure you have a new registered agent lined up who meets all Texas requirements and has agreed to serve in this capacity.

Step 2: File the Appropriate Form with the Texas Secretary of State

The exact form you'll need depends on your business entity type:

• For LLCs: Form 401 - Change of Registered Agent/Office
• For Corporations: Form 408 - Change of Registered Agent/Office
• For Limited Partnerships: Form 406 - Change of Registered Agent/Office
• For Limited Liability Partnerships: Form 411 - Change of Registered Agent/Office

Step 3: Provide Required Information

Each form will require:

• Your business name exactly as it appears on your formation documents
• Your Texas file number (assigned when you formed your business)
• The name and address of your current registered agent
• The name and address of your new registered agent
• A signature from an authorized person in your business
• A signature from your new registered agent accepting the appointment

Step 4: Submit the Form and Pay the Filing Fee

As of 2023, the filing fee is $15 for most entity types. You can submit your form:

• Online through SOSDirect (https://www.sos.state.tx.us/corp/sosda/index.shtml)
• By mail to the Secretary of State's office
• By fax (additional $5 fee)
• In person at the Secretary of State's office in Austin

Step 5: Verify the Change

After filing, you can verify that your registered agent has been updated by:

• Checking your business's status on the Texas Secretary of State's website
• Calling the Secretary of State's office
• Waiting for confirmation by mail (if requested)

Important Considerations

Timing

There should never be a gap in registered agent coverage. Make sure your new agent is ready to serve before terminating your relationship with your current agent.

Notify Your Current Agent

As a professional courtesy, inform your current registered agent that you're making a change.

Update Your Records

Once the change is complete, update your internal business records and inform any relevant parties about your new registered agent information.

Annual Reports

Ensure your registered agent information is correct on all future annual reports or franchise tax filings.

Serving as Your Own Registered Agent

While Texas law allows you to serve as your own registered agent, consider these drawbacks:

• You must be available at your registered address during all business hours
• Your address becomes public record
• You may need to receive sensitive legal documents in front of clients or employees
• If you move your business, you'll need to file additional paperwork

Professional Registered Agent Services

For many businesses, using a professional registered agent service offers benefits:

• Privacy (your personal address isn't in public records)
• Reliability (no missed service of process due to absences)
• Flexibility (you can change business locations without filing new paperwork)
• Compliance management (many services include compliance calendars and reminders)

Conclusion

Changing your registered agent in Texas is a straightforward process, but it's essential to follow the proper procedures to maintain your business's good standing. By ensuring you have continuous registered agent coverage, you protect your business from missed legal notices and potential compliance issues.

TexasRelocate.US is neither a certified public accounting firm nor a law firm. All information on this site, including this article, is for general informational purposes only and does not constitute legal or tax advice.