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In Texas, the registered agent has to be either an individual who lives in Texas or a business entity that is formed in Texas or registered to do business there. The agent needs a registered office at a Texas street address. Your company cannot name itself. The Secretary of State sets this out in its certificate of formation instructions and its formation FAQs, citing the Business Organizations Code (BOC). Our Texas business guide covers the search tool, franchise tax and fees.
The qualification test
The Secretary of State describes the agent as an individual Texas resident, a domestic entity, or a foreign entity that has registered to transact business in Texas. Three limits apply on top of that:
- Not the company itself. An LLC cannot act as its own registered agent, and Form 401 says an organization named as the new agent cannot be the entity filing it.
- Not the state. The Secretary of State cannot serve as an entity's registered agent.
- Consent first. Under BOC § 5.207 the person named must have consented, in written or electronic form. You keep the consent; you do not file it. Naming an agent without consent exposes the filer to the penalties in BOC §§ 4.007 and 4.008.
When an organizer signs the certificate of formation, naming an agent counts as a statement that the agent agreed.
Where the registered office can be
BOC § 5.201 requires a street address in Texas where the agent can be personally served during normal business hours. It does not have to be your main place of business. It may not be solely a mailbox service or a telephone answering service. The change form's address box reads "Street Address (No P.O. Box)".
What the agent does in Texas
The agent receives and forwards service of process and official notices addressed to the entity. Some state notices go to the agent address as well. The Secretary of State sends nonprofit periodic report notices to the registered agent address on file, for example.
Changing the agent
Use Form 401, the Statement of Change of Registered Office/Agent. You list the agent and office now on record, then the new agent, either an organization or an individual resident. The fee schedule (Form 806) shows:
| Filing | Fee |
|---|---|
| Form 401, most entities | $15 |
| Form 401, nonprofit corporation or cooperative association | $5 |
| Form 401-A, agent's consent to appointment, most entities | $15 |
| Form 402, resignation of registered agent | $0 |
The person who signs Form 401 affirms that the new agent has consented.
If the agent resigns or you have none
An agent leaves by filing Form 402. It states that written notice went to the company and gives the date. The company then needs a new agent on file.
The Secretary of State's instructions warn that failing to keep a registered agent and registered office may lead to involuntary termination of an LLC. You can watch this happen on the record:
- RA Notice Sent is an active status. The agent has resigned with no replacement, or someone alleged the company has no agent, and notice has gone out.
- Involuntarily Dissolved or Involuntarily Terminated is inactive. It covers entities ended for failure to keep a registered agent, file a report or pay a fee.
Our entity status guide explains how these compare with other states' terms.
Looking up an agent in Texas
Texas business records are searched through SOSPortal, which replaced SOSDirect and charges $1 per search (Form 806 fee schedule). You can search by entity name or by file number. The record shows the registered agent and the office address for service of process. Our registered agent lookup guide explains the steps and what to do if the address on record is stale.
If your company was formed in another state and does business in Texas, it registers here as a foreign entity and names a Texas agent on that registration. See foreign LLC registration and the registered agent overview for other states.
Forming a new company? See how to start an LLC in Texas.