Changing Your Texas LLC Registered Agent (Form 401)

If you need to change your registered agent or registered office address after forming your LLC, file Form 401 (Statement of Change of Registered Agent/Registered Office) with the Texas Secretary of State. The filing fee is just $15 — much less than a full amendment. For all post-formation requirements, see our compliance guide.

When to Change Your Registered Agent

Common reasons for filing Form 401:

• Switching to a professional service — you previously served as your own agent but want privacy or reliability
• Agent relocation — your current agent moved and no longer has a valid Texas address
• Agent resignation — your agent filed Form 402 (Notice of Resignation), giving you 30 days to designate a replacement
• Cost savings — switching to a less expensive registered agent service
• Better service — your current agent is slow to forward documents or misses deadlines
• Moving your LLC's registered office — the physical address where documents are received is changing

How to File Form 401

Online via SOSDirect (recommended):

1. Log in to https://direct.sos.state.tx.us/
2. Navigate to "Filings" or "Change of Agent/Office"
3. Enter your LLC's SOS file number
4. Provide the new registered agent name and/or new registered office address
5. Confirm the new agent has consented to serve
6. Pay $15 fee
7. Submit — processing takes 5-7 business days

By mail:

• Download Form 401 from https://www.sos.texas.gov/corp/forms/401_boc.pdf
• Complete with: LLC name, SOS file number, current agent info, new agent info, and new office address
• Mail with $15 payment to: Secretary of State, P.O. Box 13697, Austin, TX 78711-3697
• Processing: 2-3 weeks

Important Requirements

• New agent must consent: Before filing, confirm your new registered agent agrees to serve. You are certifying their consent on the form.
• Physical address required: The registered office must be a physical street address in Texas — no PO boxes.
• Update the PIR too: When you file your next Public Information Report with the Comptroller (due May 15), ensure the registered agent information matches what you filed with the SOS.
• Effective immediately: The change takes effect when the SOS files the document. Your old agent's duties end on that date.

Agent Resignation (Form 402)

If your registered agent resigns (they file Form 402 with the SOS without your involvement):

• The SOS notifies your LLC at the last known address
• You have 30 days to designate a new registered agent (via Form 401)
• If you fail to appoint a new agent within 30 days, the SOS can serve your LLC directly for a limited period, but you risk involuntary termination for non-compliance

Cost Comparison

Tip: If you only need to change your registered agent, always use Form 401 ($15) instead of Form 424 ($150). Form 424 is only necessary when changing other Certificate of Formation provisions simultaneously.

FAQ

Does changing my registered agent affect my LLC's legal status?

No. Changing your registered agent is a routine administrative update. It does not affect your LLC's formation date, ownership, management, or good standing.

Can I change my registered agent more than once?

Yes. There is no limit on how often you can change registered agents. Each change requires a new Form 401 filing ($15).

What happens if I do not replace a resigned agent within 30 days?

The SOS may serve documents on your LLC's behalf for a limited period, but you are in technical violation of the Texas Business Organizations Code (requirement to maintain a registered agent). Extended non-compliance can lead to involuntary termination proceedings.

Do I need member approval to change the registered agent?

Typically, changing the registered agent is considered a routine management decision that does not require full member vote — unless your operating agreement specifically requires it. The person authorized to manage the LLC's affairs (managing member or manager) can file Form 401.