If you’re thinking about starting a business in Texas—or you already have—you’re in good company: The Lone Star State has more than 3.5 million small businesses. From professional services to construction, transportation, and retail, Texas is a magnet for entrepreneurs of all types.
No matter what type of business you own, you’ll need a registered agent to receive your official correspondence. It’s not just about state law. Having a Texas registered agent also brings you peace of mind.
What is a registered agent in Texas?
A registered agent is a person that a business designates for the purpose of receiving official legal documents, such as lawsuit papers, subpoenas, and government correspondence (for example, from the Texas Secretary of State). Having an agent in place ensures that you’ll receive all official state communications and other legal paperwork so you can address it promptly.
Who needs a Texas registered agent?
All domestic and foreign entities conducting business in Texas are required to register with the Secretary of State and must also maintain a registered agent. Here’s a complete breakdown:
- Domestic entities: Corporations, limited liability companies (LLCs), limited partnerships, limited liability partnerships, and limited liability limited partnerships organized in Texas.
- Foreign entities: Out-of-state businesses registered to conduct business in Texas.
- Nonprofit corporations: Both domestic and foreign nonprofit entities.
- Professional entities: Professional corporations, professional LLCs, and professional associations.
Sole proprietorships and general partnerships do not need a registered agent because they’re not required to file formation paperwork with the Texas Secretary of State.
Who can be a registered agent in Texas?
In Texas, both individuals and organizations can serve as registered agents. The Texas Business Organizations Code (BOC) Section 5.201 outlines specific requirements for each type of registered agent. The requirements for individuals are as follows:
- Must be a Texas resident who is at least 18 years old
- Must consent in writing to serving as the registered agent
- Must maintain a business office at a physical address in Texas
- Must be available to receive service of process during regular business hours
You can also use a business entity as your Texas registered agent, as long as the organization meets the following requirements:
- Must be registered to do business in Texas
- Must consent to serving as the registered agent
- Your business cannot serve as its own registered agent (although an employee of your business may serve as your registered agent)
- Must maintain a registered office at a Texas street address
- Must have an employee available during normal business hours to accept service of process
Requirements for registered offices in Texas
Whether you appoint an individual, including yourself, or another business entity as your registered agent, you’ll also need to be sure that the registered office address meets specific criteria:
- Physical location: The office must be a physical address in Texas, not a P.O. box or private mailbox. Organizations may not be solely a mailbox service or a telephone answering service.
- Permanent address: The office should be a stable location to ensure consistent receipt of important documents.
- Availability during business hours: Someone must be present during normal business hours (typically 8:00 a.m. to 5:00 p.m., Monday through Friday).
- Service of process capability: Must be a location where legal documents can be properly served.
LegalZoom's registered office in Texas is located in Frisco, but you don't have to be nearby—when you use us as your registered agent, we'll scan any mail and upload it to your unlimited cloud storage account, plus email you to let you know.
Can I be my own registered agent in Texas?
Yes, you can serve as your own registered agent in Texas if you’re at least 18 years old, a resident of the state, and can maintain a street address where you’ll be available during normal business hours. Advantages of being your own registered agent include:
- Cost savings. You will not have to pay annual fees for a professional registered agent.
- Direct control. You will have immediate access to all legal documents and state correspondence.
- Privacy. There will be no third-party involvement when receiving sensitive documents.
However, there are some disadvantages to being your own registered agent:
- Public record exposure. Your name and business address become a part of the public record. If you operate your business out of your home, this means your home address will be on file.
- Address change complications. If you move, you must file a Statement of Change of Registered Office/Agent with the Texas Secretary of State.
- Professional image concerns. Legal documents may be served in front of clients, employees, or your family (if operating from your home).
How to appoint a registered agent in Texas
The process to designate a Texas registered agent is simple, but it’s important to follow the right steps to make sure your filing with the Secretary of State is accurate and compliant.
Step 1: Choose your registered agent
Decide whether to serve as your own registered agent or hire a professional service. Ensure your chosen agent meets all Texas requirements and can provide a valid Texas street address.
Step 2: Complete the required formation documents
When forming your business entity, you'll designate your registered agent on the formation document you file with the Texas Secretary of State.
- Corporations designate a registered agent on the Certificate of Formation for a For-Profit Corporation (Form 201). Foreign corporations doing business in Texas will use Form 301.
- LLCs designate a registered agent on the Certificate of Formation for a Limited Liability Company (Form 205). The form is required for both domestic Texas LLCs and foreign LLCs, which will submit Form 304. Professional LLCs will submit Form 206.
- Limited partnerships designate an agent on the Certificate of Formation for a Limited Partnership (Form 207).
- Limited liability partnerships designate an agent on the Registration of a Limited Liability Partnership (Form 701).
Step 3: File with the Texas Secretary of State
Submit your formation documents along with the required filing fee to the Texas Secretary of State. It’s best to do this online through the state’s SOSDirect system. Sign up for an account, then choose your business entity type, complete your documents, and pay the fee. The registered agent information becomes effective upon filing and approval of your formation documents.
While the Texas Secretary of State encourages businesses to submit filings online, you can submit your form by mailing it to P.O. Box 13697, Austin, Texas 78711 or deliver it in person to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701.
How to change your registered agent in Texas
You might decide to hire a professional registered agent to get better service, reduce costs, improve privacy, or add features that support your business growth. You’ll also need to update the information if the current agent steps down, becomes unavailable, moves to a new address, or fails to carry out their responsibilities.
Step 1: Obtain consent from the new agent
Make sure your new registered agent meets all Texas requirements, consents to serve in this capacity, and is available to begin service on the date you need them to avoid gaps in coverage.
Step 2: File a Statement of Change form
To officially update your records, you’ll need to file a Statement of Change of Registered Office/Agent (Form 401) with the Texas Secretary of State. You can do so using your SOSDirect account you set up when you filed your formation paperwork, or mail it to P.O. Box 13697, Austin, Texas 78711.
Step 3: Notify relevant parties
Inform your current registered agent of the change and your expected timeline to ensure a smooth transition. You should also update your internal records and any contracts or agreements that reference the previous registered agent.
Texas registered agent costs
In Texas, the cost to appoint a registered agent depends on the form you need to file. If you list your agent on your formation documents, you don’t need to pay anything extra. If you are changing your agent, you’ll need to pay a $15 filing fee.
If you choose a professional registered agent, the cost is usually about $100–$300 per year, depending on the services you choose and the coverage you need. LegalZoom’s registered agent service costs $249/yr and comes with a few extra perks like compliance reminders, mail alerts, and unlimited cloud storage. Plus, we cover the agent change filing fee and take care of the paperwork at no cost to you.
What happens if you don't have a registered agent in Texas?
Failing to maintain a registered agent in Texas can result in serious consequences for your business, including loss of good standing and even dissolution.
- Service of process issues. Legal documents may be served directly to the Texas Secretary of State, who will then mail the documents to your last known address. That can cause delays in your response time and even result in default court judgments against your business.
- Loss of good standing. You may lose your good standing status, affecting your ability to conduct business. For example, banks may freeze accounts or refuse services for businesses not in good standing.
- Involuntary dissolution. The Texas Secretary of State may administratively dissolve your business for failure to maintain a registered agent.
- Operational risks. If your business is not in good standing or is dissolved, you may not be able to enforce contracts, properly file taxes and compliance documentation, or maintain professional licenses.
Benefits of using a Texas registered agent service
If your business does not have a regular office with a street address in Texas that is staffed during normal business hours, you should consider hiring an outside registered agent. Even if you do have the required street address and staffing, the advantages of hiring an outside registered agent include the following:
- Dedicated service. You won't have to worry about receiving documents, so you can focus on running your business.
- Address stability. If your company moves, you will not need to notify the Secretary of State of a change in registered agent address.
- Professional handling. Your clients, employees, or family will not be present when any legal papers are served.
- Privacy protection. Your home's or business's physical address will not be on record with the Secretary of State.
- Compliance expertise. Professional services often provide additional support, such as compliance reminders, mail scanning and forwarding, and secure storage.
To find the best Texas registered agent, start by asking other business owners who they recommend, then research highly rated services, compare costs, and read reviews. Make sure the one you choose has a physical Texas address with proper staffing and provides fast notifications when documents arrive.
Why choose LegalZoom for your Texas registered agent needs
LegalZoom’s registered agent service offers the flexibility and reliability that business owners need. We understand that you're busy enough as it is, and that’s why our service includes:
- Reliable document receipt by professional staff available during all business hours
- Prompt notifications when important documents arrive
- Secure online access to view scanned documents, plus unlimited cloud storage
- Compliance reminders and notifications about annual report deadlines
We’ll even complete the required paperwork to change your registered agent with the Texas Secretary of State and cover the filing fee for you.
FAQs about Texas registered agents
Can a Texas registered agent be located anywhere in the state?
Yes, a Texas registered agent can be located anywhere within the state of Texas, as long as they maintain a physical street address (not a P.O. box) and are available during normal business hours to receive service of process.
What happens if my registered agent moves out of Texas?
If your registered agent moves out of Texas, they can no longer serve in that capacity. You must immediately appoint a new registered agent who meets Texas residency requirements and file a Statement of Change of Registered Office/Agent with the Texas Secretary of State.
Can the same person serve as a registered agent for multiple Texas entities?
Yes, one person can serve as the registered agent for multiple Texas business entities, provided they meet all requirements and can handle the responsibilities for each entity effectively.
How quickly must I replace a registered agent who resigns?
Texas law doesn't specify an exact timeframe, but you should replace a resigned registered agent as soon as possible. Gaps in your coverage can cause you to miss important notices and run into compliance issues.
Are there any restrictions on who can be a registered agent in Texas?
Yes, the business entity itself cannot serve as its own registered agent. Additionally, individuals who are not Texas residents or entities not registered to do business in Texas cannot serve as registered agents.
Can I use a virtual office address for my registered agent?
Only if the virtual office provides a physical street address in Texas and guarantees that someone will be available during normal business hours to receive service of process. Many virtual offices do not meet these requirements.
What information about my registered agent is public record?
The registered agent's name and the registered office address are public record and can be accessed through the Texas Secretary of State's online database. However, personal information beyond the business address is typically not disclosed.
Kathleen Crampton and Edward A. Haman, Esq., contributed to this story.
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