Texas Registered Agent Requirements 2026: Rules, $15 Change Fee
Quick Answer
Texas requires every LLC to maintain a registered agent and registered office at all times. The agent can be an individual Texas resident or any organization (such as a corporation or LLC) registered or authorized to do business in Texas. The LLC cannot serve as its own agent. The registered office must be a physical Texas street address where the agent can be personally served during business hours, and it may not be solely a mailbox or telephone answering service. Changing your agent on Form 401 costs $15.
Key Takeaways
- Every Texas LLC must maintain a registered agent and registered office
- Agent can be an individual Texas resident or an entity authorized in Texas
- An LLC may not serve as its own registered agent (but you can serve as an individual)
- Registered office must be a physical TX street address, not solely a mailbox or answering service
- Changing the agent requires Form 401 and a $15 filing fee
- Failing to maintain an agent can lead to involuntary termination of the LLC
| Item | Cost/Details | Notes |
|---|---|---|
| Designating Agent (Formation) | $0 | Included in Certificate of Formation |
| Change of Registered Agent (Form 401) | $15 | Texas SOS filing fee |
| Certificate of Formation (Form 205) | $300 | Includes agent designation |
| Professional Agent Service | ~$50-$200/year | Market estimate, varies by provider |
What Is a Registered Agent?
A registered agent is the designated person or entity responsible for receiving important legal and state documents on behalf of your Texas LLC. The registered agent serves as your LLC's official point of contact for:
- Service of process: Official notification if your LLC is being sued
- Legal documents: Lawsuits, subpoenas, and court papers
- State notices: Communications from the Texas Secretary of State
- Tax correspondence: Notices from the Texas Comptroller
- Franchise tax notices: Reminders and official correspondence
Why It Matters: Your registered agent ensures you don't miss critical legal deadlines. If you're sued, the registered agent receives the lawsuit papers. Missing these documents could result in a default judgment against your LLC.
Who Can Serve as Registered Agent
Under Texas law, the following can serve as your registered agent:
Individual Agents
- Texas resident: Any individual who is a resident of Texas, including an owner or employee of the LLC
- Has consented to serve: The agent must consent in writing or electronically to the appointment
- Available during business hours: Must be reachable at the registered office to accept service of process
Business Entities
The agent can be any organization that is registered or authorized to do business in Texas, including a corporation or another LLC, not just a corporation:
- Domestic Texas entity: A corporation, LLC, or other organization formed in Texas
- Authorized foreign entity: An out-of-state organization registered to do business in Texas
- Professional agent company: A commercial registered agent service operating in Texas
Who Cannot Serve
- Your own LLC. An entity may not serve as its own registered agent under Texas law, though you can personally serve as an individual.
- The Texas Secretary of State or any other governmental agency.
- Individuals who are not Texas residents.
- Any agent without a physical Texas street address for the registered office.
For background on Texas LLC obligations beyond the registered agent, see our Texas LLC compliance hub.
Address and Availability Requirements
Address Requirements
- Must be physical street address in Texas
- No PO Boxes or private mail boxes
- No virtual office addresses unless someone is physically present
- Commercial or residential addresses are acceptable
- Address becomes public record on file with Secretary of State
Availability Requirements
The registered agent must be available during normal business hours to accept service:
- Typically Monday through Friday
- During regular business hours (usually 9 AM - 5 PM)
- Someone must be physically present to sign for documents
- Documents cannot simply be left at the door
Official source: Texas Business Organizations Code Section 5.201 requires the registered office to be a street address where the agent can be personally served during business hours, and it may not be solely a mailbox or telephone answering service. See the Texas Secretary of State Registered Agents page.
Deciding between serving yourself and hiring a service? Compare the trade-offs in our guide to being your own Texas registered agent, and review the broader cost picture in Texas LLC taxes and fees.
How to Designate Your Agent
During LLC Formation
When you file your Certificate of Formation (Form 205), you'll include your registered agent information:
- Provide the registered agent's name (individual or company)
- Include the Texas physical street address
- The registered agent must consent to the appointment
- Include consent statement in formation documents
On the Public Information Report
Your registered agent information also appears on the annual Public Information Report:
- Due May 15 each year (with franchise tax)
- Update agent info on the report if changed
- Filed with the Texas Comptroller
How to Change Your Agent
To change your registered agent in Texas:
Option 1: File Form 401
- Download Form 401 (Statement of Change of Registered Office/Agent) from the Secretary of State
- Complete the form with the new agent and registered office information
- The new agent must consent to the appointment, though that consent does not have to be filed with the form
- Submit online through SOSDirect or by mail
- $15 filing fee for this form (for-profit entities)
Option 2: Agent Resignation
If your agent resigns:
- The agent files a resignation statement (Form 402) with the Secretary of State
- You must designate a new agent promptly
- File Form 401 with the new agent information
- Failing to maintain an agent can lead to involuntary termination of your LLC
Important: Under Texas Business Organizations Code Section 5.201, failing to appoint or maintain a registered agent and registered office can result in the involuntary termination of a domestic LLC (or revocation of a foreign LLC's authority to transact business in Texas). If your agent resigns or becomes unavailable, file Form 401 promptly. To learn how this ties into other deadlines, see our Texas LLC late filing penalties guide.
Professional Registered Agent Services
Many Texas LLC owners use professional registered agent services instead of serving themselves:
Benefits of Professional Services
- Privacy: Their address is public, not yours
- Reliability: Always available during business hours
- Same-day alerts: Notify you immediately when documents arrive
- Document scanning: View documents online quickly
- Compliance reminders: Alert you to franchise tax and filing deadlines
- Texas presence: Maintain a Texas address even if you're elsewhere
Typical Costs
The figures below are market estimates for commercial registered agent services, not official Texas fees. Pricing varies by provider and changes over time.
| Service Level | Annual Cost | Features |
|---|---|---|
| Basic | $50-$99 | Address, mail receipt/forwarding |
| Standard | $100-$150 | + Same-day alerts, scanning |
| Premium | $150-$200 | + Compliance monitoring, multi-state |
Recommendation: Given the importance of maintaining good standing with Texas for franchise tax purposes, having a professional registered agent is often worthwhile. They help ensure you don't miss important compliance deadlines.
What to Look For
- Texas physical presence: Must have an actual Texas office
- Same-day notification: Alert you immediately when served
- Document scanning: View documents online quickly
- Compliance reminders: Franchise tax and Public Information Report alerts
- Established reputation: Years in business with good reviews
Frequently Asked Questions
What's the difference between registered agent and agent for service of process?
Can I use a PO Box as my registered agent address in Texas?
Can I be my own registered agent in Texas?
What happens if my LLC doesn't have a registered agent?
How do I change my registered agent in Texas, and what does it cost?
Do foreign LLCs need a Texas registered agent?
Official Source
For the most up-to-date information, always verify requirements with the official Texas Secretary of State website:
https://www.sos.state.tx.us/corpImportant Disclaimer
This article is for informational purposes only and does not constitute legal advice. LLC requirements, fees, and deadlines change frequently. Always verify current requirements with your state's Secretary of State office before making business decisions.
Related Texas LLC Articles
Texas LLC Taxes & Fees 2026
Complete breakdown of TX LLC costs including formation and franchise tax.
Can I Be My Own Registered Agent in Texas?
Pros and cons of serving as your own TX registered agent.
Texas Foreign LLC Registration
Registering an out-of-state LLC in Texas.
Texas LLC Late Filing Penalties
Consequences of missing TX LLC and franchise tax deadlines.
Complete Texas LLC Compliance Guide
View all Texas LLC requirements, fees, and deadlines in one place.
View TX State GuideOr compare Texas to every state on the annual report deadlines hub.