Texas Registered Agent Requirements

Every LLC formed in Texas must designate a registered agent as part of the formation process. Under the Texas Business Organizations Code, the registered agent serves as the LLC's official point of contact for legal documents, state correspondence, and service of process. Missing a served document can result in default judgments against your business — making this one of the most critical compliance requirements.

What a Registered Agent Does

A registered agent (sometimes called "agent for service of process" in other states) accepts official documents on behalf of your LLC during regular business hours:

• Service of process — lawsuits filed against your LLC, subpoenas, and court orders
• Secretary of State correspondence — notices about filing deficiencies, forfeiture warnings, and compliance deadlines
• Texas Comptroller notices — franchise tax delinquency notices and tax warrants
• Regulatory agency communications — correspondence from any state agency directed to your LLC

Under Texas law, the registered agent must be available to accept hand-delivered documents at the registered office address during normal business hours (typically 9am-5pm, Monday-Friday).

Texas-Specific Requirements

The Texas BOC imposes specific requirements that differ from many other states:

the Texas Business Organizations Code — Who can serve:

• An individual who is a Texas resident, at least 18 years old
• A domestic or foreign business entity authorized to do business in Texas that has a business office at the registered address

the Texas Business Organizations Code — Who CANNOT serve:

• The LLC itself cannot be its own registered agent (this is explicitly prohibited in Texas)
• The Texas Secretary of State cannot serve as a default agent (unlike states like New York where the state acts as agent by default)
• Any entity not authorized to transact business in Texas

Registered office requirements:

• Must be a physical street address in Texas — no PO boxes
• Must be an address where the agent can actually be found during business hours
• The registered office address becomes public record on the SOSDirect database

Who Can Serve as Your Registered Agent

**Option 1: You **

You can serve as your own registered agent if you:

• Are a Texas resident (or maintain a physical Texas address)
• Are at least 18 years old
• Are available at the registered address during business hours

Downsides: Your home address becomes part of the permanent public record in the SOSDirect database. You must be present to accept documents during all business hours — not traveling, working offsite, or otherwise unavailable. If you miss service, you may not know about a lawsuit until a default judgment is entered.

Option 2: A professional registered agent service

A company whose business is accepting legal documents for other entities. Benefits:

• Privacy — their address is listed on public filings, not yours
• Reliability — staffed every business day during business hours
• Immediate forwarding — documents are scanned and sent to you the same day
• Compliance reminders — many services alert you about upcoming Comptroller deadlines
• Address stability — if you move, your public filing address does not change

Option 3: Another individual

A friend, family member, business associate, or attorney with a physical Texas address. They must consent to serve and understand the responsibility of accepting legal documents promptly.

How to Designate Your Registered Agent

You list your registered agent's name and registered office address on your Certificate of Formation (Form 205) when you file with the Secretary of State. The agent should consent before you file — listing someone without their knowledge creates problems.

On Form 205, you will provide:

• Registered agent name (individual or entity name)
• Registered office street address (physical Texas address)
• Whether the registered agent consented to serve (affirmation on the form)

Changing Your Registered Agent

If you need to change your registered agent after formation, file Form 401 (Statement of Change of Registered Agent/Registered Office) with the Texas Secretary of State. The filing fee is $15. You can file online via SOSDirect.

When to change:

• Your current agent is no longer available
• You want to switch from self-service to a professional agent (for privacy)
• Your agent's address changed
• Your agent resigned (they can resign by filing Form 402, giving you 30 days to appoint a replacement)

See our detailed change registered agent guide.

What Happens Without a Valid Registered Agent

If your LLC fails to maintain a valid registered agent in Texas:

1. Service through Secretary of State — Under the Texas Business Organizations Code, the Secretary of State can be served on your behalf if your registered agent cannot be found at the registered address. The SOS will mail notice to your last known address.
2. Forfeiture risk — If notices go unanswered, the Secretary of State may initiate forfeiture proceedings, causing your LLC to lose its right to transact business in Texas.
3. Default judgments — If you are sued and service goes to a non-existent registered agent, you may not learn about the lawsuit until a default judgment has been entered against your LLC.

FAQ

Can my LLC be its own registered agent in Texas?

No. Texas the Texas Business Organizations Code explicitly prohibits this. An individual member or manager can serve (if they meet residency requirements), but the LLC entity itself cannot be designated as its own agent.

What happens if my registered agent is unavailable when documents are served?

If the process server cannot find your agent at the registered address, they may attempt service through the Texas Secretary of State under the Texas Business Organizations Code. The SOS will forward notice to your LLC's last known address. This creates delays and risk — you may not receive notice in time to respond to a lawsuit.

How much does a registered agent service cost in Texas?

Professional registered agent services typically cost $49-$300/year depending on the provider. Our service is $99/year with same-day document scanning and forwarding, compliance deadline reminders, and a Texas address for your public filings.

Can I use my home address as the registered agent address?

Yes, if you are a Texas resident and will be available at that address during business hours. However, your home address will be permanently listed in the public SOSDirect database and accessible to anyone who searches for your LLC.

Can a non-Texas resident be a registered agent?

No. Individual registered agents must be Texas residents under the Texas Business Organizations Code. If you are a non-resident forming a Texas LLC, you must designate either a Texas-resident individual or a professional registered agent service with a Texas office.