How To Locate A Company's Registered Agent In Texas

Choosing a Registered Agent for your Texas LLC

Before filing your Document of Formation (Form 205) with the Secretary of Country, you demand to choose a Registered Amanuensis for your Texas LLC.

(We'll talk over filing your Document of Formation in the adjacent lesson.)

A Texas Registered Agent is a person or company who agrees to accept legal mail on behalf of your Texas LLC in case your business gets sued. This "legal mail" is known equally Service of Process for your LLC.

The Texas Secretarial assistant of State will besides utilise your Registered Agent's address as your LLC'due south point of contact for official notices sent to your business.

As per Department 5.201 of the Concern Organizations Code, your LLC's Registered Agent must have a concrete street address located in Texas.

A Texas Registered Agent address (called the Registered Office) can't be:

a PO Box address
a mailbox rental service or telephone answering service

Your Texas Registered Amanuensis should besides be bachelor (generally speaking) during normal business hours (9am – 5pm) in example Service of Process arrives.

Service of Process includes the delivery of legal documents such as:

writ
complaint
summons
subpoena

Special offer: If you hire Northwest to form your LLC ($39 + state fee), they'll include their Registered Agent service free for the 1st year.

Why does my Texas LLC need a Registered Agent?

Your Texas LLC's Registered Amanuensis is a key component to how the court and legal systems work. Past requiring all Texas LLCs to keep a Registered Agent on file with the state, the delivery of legal mail and courtroom documents can exist properly tracked.

This is similar to how 'certified mail render receipt' works, only in the legal globe, this is how process servers (people delivering legal documents) create a tape that something was delivered.

Can I be my own Registered Amanuensis in Texas?

Yep, you can be your Texas LLC's Registered Agent, every bit long as you accept a street address located in the state.

You really accept 3 options when forming an LLC in Texas:

You can exist your LLC's Registered Agent in Texas (Are there risks?)
A friend or family member can be your LLC'south Registered Agent
Y'all can rent a Texas Registered Agent Service, also known as a Texas Commercial Registered Agent

Registered Agent Information is Public Record in Texas

While you do have the choice to be your Texas LLC'southward Registered Agent (or use a friend or family member), you lot may non want to have your accost listed in public records.

The information y'all enter in your Document of Germination becomes public record with the Texas Secretary of State.

Not simply is this information searchable by the public, just other websites download the state's records and republish them on their website. Then things begin to multiply as other "public record websites" take that same information and list it on their website again (and the process repeats itself).

Pretty soon your accost is listed on various websites and people can hands find information technology by doing a Google search.

There is a solution, though, if you'd like to go along your accost off public records. We'll discuss this beneath.

What's the best Registered Agent choice to cull?

Option #1 (You):

If yous have a street address located in Texas, are available during concern hours, and don't heed your accost being on public record, then you can be your LLC's Registered Amanuensis.

Pick #2 (Friend or Family):

If you don't have a street address located in Texas, but you accept a friend or family unit member who does, they can exist your LLC'southward Registered Amanuensis. They'll need to exist bachelor during business organization hours and they shouldn't mind having their address being listed on public record.

Selection #iii (Registered Agent Service):

If you don't have a street address in Texas (or you'd rather not apply information technology for this purpose), you can rent a Registered Amanuensis Service in Texas.

Texas Registered Agent Service

Annotation: The terms "Registered Agent Service" and "Commercial Registered Agent" mean the same thing. Nosotros will employ them interchangeably.

A Texas Registered Agent Service specializes in receiving Service of Process (legal mail service) on behalf of your LLC.

Most Registered Agent Services in Texas price betwixt $100 and $300 per year.

The Texas Registered Amanuensis Company we recommend is Northwest Registered Agent ($125 per year).

Why we recommend Northwest Registered Amanuensis

Northwest Registered Agent is our personal recommendation (and the service we use ourselves) because they've been in business for over 20 years, have great customer service, and they let you employ their address in your entire LLC filing in social club to keep your address off public records.

Keeping your accost off public records with Northwest

Many filers in Texas get-go businesses from their home. For this reason, information technology'southward important to know that all addresses that are listed in your LLC'southward Document of Formation (Registered Agent address, Governing Person's address, and Organizer's address) get listed on public records.

If you were thinking of using your home address, simply would rather continue it off public records, y'all can hire a Registered Agent that volition allow you to apply their accost throughout your Document of Formation. Northwest Registered Agent offers this unique service at no additional price. They offer Registered Amanuensis services for $125 per year and they'll let you use their address throughout your Document of Formation.

Any postal service that is sent to your LLC will be scanned past them and uploaded into your online account.

Special discounted pricing for LLC Academy® readers

Northwest usually charges $100 + state fees to form an LLC. However, we've negotiated a discounted rate (sixty% off) for LLC Academy® readers.

Risks of being your own Registered Agent in Texas

As mentioned higher up, y'all can exist your own Registered Agent in Texas.

Too the address privacy we mentioned, in that location are other risks to beingness your ain Registered Agent.

These risks are non extremely probable to occur, but if they do, you could lose your liability protection and the Texas Secretarial assistant of Land has the power to administratively shut downwards your Texas LLC if you're not in compliance with state laws.

This tin happen if you don't "continuously maintain" (go along) a Registered Agent on file, or if the Secretary of State can't reach your LLC's Registered Amanuensis.

Additionally, if a procedure server (the person who delivers courtroom documents and notices of lawsuits) can't reach your Texas Registered Agent (or is unsuccessful in serving your LLC through the Secretary of State), a court case can proceed in your absence and you might not fifty-fifty know about it. Or worse, the courtroom could enter a default judgment against your LLC if you lot aren't there to defend yourself.

A few reasons a procedure server might non be able to attain your Texas LLC's Registered Agent:

you lot, your friend, or family member are not there during concern hours
you/they are on vacation or out of town
yous/they moved and you lot forgot to file a Modify of Registered Agent with the Texas Secretary of Country

Consent to Serve as Registered Agent (Form 401-A)

Equally per Section 5.2011 of the Concern Organizations Code, the Registered Agent for your Texas LLC must agree to serve as the LLC Registered Agent by giving their consent in writing.

This can be done on Course 401-A.

While yous can include Form 401-A with your LLC Certificate of Formation (the form that creates your LLC), this is not required.

Nether the state'due south rules, every bit long as yous accept a re-create of Form 401-A on file with your LLC records, your LLC is in compliance.

Having said that, many filers do choose to submit their Consent to Serve equally Registered Agent to the Secretary of State so it'southward on file for "extra proof." The Texas Secretarial assistant of Land will file and index the form with your LLC's filing history.

If yous look on folio iii of the form, there are two sections where someone can sign.

If y'all or someone you know will be your LLC's Registered Agent, you/they will enter your proper name and sign on the superlative half of the form.

If you decided to rent a Commercial Registered Agent, they volition provide you this form (signed), and they volition take completed the lesser half.

It's as well of import to note that as per Sections 4.007 and 4.008, appointing a Registered Agent without their consent is a Class A misdemeanor. Class A misdemeanors can be punishable with up to a $four,000 fine, up to 1 yr in jail, or both. Signal being, don't appoint someone you lot know as your Registered Agent unless they know what they're doing and they concord to exist your Registered Amanuensis. The duties of a Texas Registered Agent are spelled out in Section 5.206.

Your LLC can't be its own Registered Agent

There are a few states (very few) which let an LLC to exist its own Registered Agent.

Texas doesn't allow an LLC to be its ain Registered Agent.

While an LLC tin appoint another company (which can be an LLC, Corporation, or any entity), the LLC can't serve as its ain agent.

Your LLC always needs to take a Registered Agent

If you lot or someone you know will be your LLC's Registered Amanuensis, and they motility, y'all'll need to file Form 401 to update/change your records with the Secretary of Land. Alternatively, you can update this data via SOSDirect.

Please see " Tin can I modify my Registered Agent " below.

If the Texas Secretary of State receives notice that your LLC no longer has a Registered Agent, they may terminate your LLC.

If I'grand the Registered Amanuensis, am I liable for the LLC?

No. Every bit per Section v.208, simply because a person is the Registered Agent for an LLC, that in and of itself doesn't mean they volition be held responsible for the LLC's debts, liabilities, or obligations.

Can I change my Registered Agent subsequently?

Aye, y'all can change your Registered Amanuensis at whatsoever time (and as many times as you need).

You tin can alter your LLC'due south Registered Agent at whatsoever time by:

Filing Course 401 with the Secretary of Land
Updating your Registered Agent via SOSDirect

The fee to modify/update a Registered Agent in Texas is $15.

Next Footstep: Texas Certificate of Formation

Once you determine who will serve as your Texas LLC's Registered Amanuensis, you tin can and then proceed to the next lesson: Texas LLC Document of Formation.

If you plan on hiring a Texas Registered Agent Service (a Commercial Registered Agent), please practise so before going to the next step. You'll need their address for your Certificate of Formation.

Founder & Educator, LLC University®

Matt Horwitz has been the leading practiced on LLC education for the by decade. He founded LLC University in 2010 afterwards realizing people needed elementary and actionable instructions to start an LLC that other companies weren't offering. He's cited by Entrepreneur Magazine, Yahoo Finance, and the U.s.a. Bedroom of Commerce, and was featured by CNBC and InventRight.

Matt holds a Bachelor's Degree in business from Drexel Academy with a concentration in concern law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for complimentary! Read more about Matt Horwitz and LLC University.