Can I Be My Own Registered Agent in Texas?

Requirements for a Texas Registered Agent

Registered agents are something you might have heard of if you’re opening a Texas business. Many people are unfamiliar with the concept of a registered agent when opening their first business.

Wondering about the role and purpose of Texas registered agents?

Find out the answer to this question and more information about Texas registered agents.

What is a registered agent?

The Business Organizations Code in Texas contains all rules and regulations that govern businesses in Texas. The BOC states that every foreign or domestic filing entity must have a registered agent within the state.

These are domestic and foreign filing entities:

  • Corporations,
  • Limited Partnerships
  • Associations of professionals
  • Cooperatives,
  • Real estate investment trusts are available
  • All foreign entities that are required by the BOC must register with the state

Registered agents can be appointed for other entities as well. Registered agents can be appointed by Texas financial institutions and unincorporated nonprofit organizations. They are not required to do this, however.

The BOC defines a registered agent as an agent for a legal entity authorized to receive or “be served” any process notices or other legal demands.

As a business owner, you have given your registered agent permission to receive, forward, or keep a record of any legal documents.

The registered agent also receives, forwards, and maintains a record of all communications from the Texas Office of the Secretary of State, which is the government entity responsible to business administration.

What are the requirements for a registered office in Texas?

A registered office is just as important as a registered agent. It is a necessary requirement. The Office of the Secretary of State cannot communicate with legal entities without a registered address.

The registered address doesn’t necessarily need to be the primary location or office for the business.

Your registered office address must also be located at a street address so that process servers can personally serve legal documents to your agent during normal business hours. It is essential that process servers are able to personally serve legal documents during business hours.

This requirement means that your registered office address can’t be found at an address that only provides mailboxes or phone-answering services.

Who can be a registered agent in Texas?

We now get to the real question: Can I become my own registered agent for Texas?

In most cases, yes. Businesses can appoint virtually anyone to be their registered agent through the BOC. Only Texas residents are allowed to appoint an appointee.

Your agent must also consent to the appointment. You can be appointed as the registered agent for your own business if you’re a Texas resident or have an address in Texas that allows process servers to personally serve your legal documents.

To be your business’s registered representative, you must be available during business hours at a Texas physical office where a process server can serve you legal documents.

If you cannot meet this requirement, you must appoint an agent registered in Texas.

Are Texas registered agents allowed to serve as agents for organizations?

The BOC permits individuals to appoint organizations as their registered agents. If you choose this route, however, the entity acting as your agent must be another entity than the one they’re acting for.

Further, your registered agent must be authorized or registered to do business in Texas. A professional registered agent service costs between $100-$400 per year.

How to file as a registered agent in Texas

Filing the paperwork to become your own registered agent for your entity is easy if you have decided to do so. If you already have someone to be your agent, the same applies.

To consent to be a registered agent, they must fill out and submit form 401-A to Texas’s Office for the Secretary of State. They also need to pay a $15 fee.

Only the name and signature of the agent are required in the form.

You can fill out the form online, whether you are filling it out or your agent. They can create an account via the Secretary of State’s SOS direct website.

References

https://www.sos.state.tx.us/corp/registeredagentfaqs.shtml

https://www.sos.state.tx.us/corp/registeredagents.shtml

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