Registered agent requirements in Texas

Who can be a registered agent in Texas?

Texas allows two kinds of registered agent: an individual who is a resident of this state, or an organization, other than the filing entity or foreign filing entity to be represented (Tex. Bus. Orgs. Code § 5.201). The statute's wording quoted here mentions no licence, exam or registration for individual agents.¹

That second phrase means your LLC cannot appoint itself. An organization may serve only if it is a different entity from the one it represents, so a Texas LLC has to point to a person or to a separate business, such as a commercial agent service or a sister company you also own.

For individuals, the test is residence. A manager living in Austin can serve. A co-founder who moved to Denver last spring cannot, even if they still own half the company and fly back every month. Nothing in the statute wording quoted here limits the role to members or managers, so a spouse, a friend or a bookkeeper who lives in the state can take it on if they agree.

Whoever you pick, the job is the same: to be present at the registered office to accept service of process, which is the formal delivery of a lawsuit or similar legal notice to your business. Texas then expects that arrangement to hold without gaps, because the statute's duty is to maintain the agent continuously, from the day you file onward. Our explainer on what a registered agent does covers the duties that apply in every state, and the glossary defines the legal terms used here.

What address can a Texas registered agent use?

The registered office must be located at a street address where process may be personally served on the entity's registered agent, and the statute adds that it may not be solely a mailbox service or a telephone answering service (Tex. Bus. Orgs. Code § 5.201). In plain terms, Texas wants a real place in the state where a process server can find your agent.¹

The two halves of that rule work together. The first says what the office must be: a street address in Texas where a human agent can be served in person. The second closes off the most common shortcut. A mail drop that only receives envelopes, or a call centre that only answers the phone, does not meet the test on its own.

Here is how the usual options compare against the wording.

1. A house or apartment in Texas where your individual agent lives qualifies, provided the agent can be served there in person.
2. A storefront, office or workshop in Texas works when the agent can be served there.
3. A P.O. box has no street address, so it falls outside the first half of the rule.
4. A virtual office or private mailbox is risky. The statute bars an office that is solely a mailbox service, so a plan that does nothing more than collect mail would not pass. Ask the Secretary of State before relying on one.

Every commercial agent puts its own Texas address in the registered office field, so hiring a service moves that one entry off your home address. That is standard across providers, and it does not cover any other names and addresses the filing asks for. This page's sources don't say which other fields the certificate requires or which of them the Secretary of State publishes, so read the form before you file. The Comptroller's yearly Public Information Report, covered below, also lists your registered agent name and office address.⁴

Some providers sell a business address as a separate product. Tailor Brands sells a Virtual Address product without a published price. Swyft Filings charges $29/mo for its version, with free months on some of its packages, and Harbor Compliance lists $350/year per company, per location (limited time offer). Our page on what an agent can and can't keep off the public record explains the limits.^{5, 6, 7}

Can you be your own registered agent in Texas?

Yes, as an individual, if you live in Texas and can be served at a Texas street address that meets the office rule (Tex. Bus. Orgs. Code § 5.201). The LLC itself can't fill the role, because the statute excludes the entity being represented.

Serving yourself avoids a yearly service fee. The costs show up in other ways.

• You or someone you trust has to be reachable at the listed address when a process server calls. A contractor who spends most days on job sites around Houston or San Antonio may miss a process server.
• The street address you give becomes the agent's address on the state's records. For a business run from home, that usually means your home.
• The Comptroller's report asks for the agent's details each year, so the choice follows you into your annual paperwork.
• If you move out of Texas, you stop qualifying and must file a change before the gap causes trouble.

Owners who live outside Texas can't act as their own agent at all. They need a Texas resident willing to do it, or a business that keeps a Texas office. A service can also suit owners who don't want a home address on file or who work irregular hours. The comparison of Texas registered agent services sets out each provider's published price and terms.

How do you name a registered agent when you form a Texas LLC?

You name the agent and the registered office on the Certificate of Formation to Limited Liability Company (Form 205), the filing that creates your LLC with the Secretary of State, at a fee of $300.²

Before you start the form, settle three things.

1. The agent's identity. An individual Texas resident, or a separate organization. Not the LLC itself.
2. The registered office: a Texas street address where the agent can be served in person, which can't be a bare mailbox or answering service.
3. The agent's agreement. This page's sources don't describe how Texas records an agent's consent at formation, so read the Form 205 instructions or ask the Secretary of State before you file.²

The Secretary of State accepts the certificate online through SOSPortal, by mail, or by delivery in person, and its own instructions say "For faster processing submit your filing through SOSPortal". No standard processing time appears in the sources checked for this page, so plan for some waiting. If you need the filing back quickly, Texas Express sells faster handling at Standard Expedited $50 (typically 2 to 3 business days), Next-Day $500 or Same-Day $750 per document, each on top of the filing fee. If you want to hold a name while you sort out the agent, a reservation costs $40 for 120 days (Form 501).^{2, 8, 9}

Texas has no newspaper publication step after formation: the old notice rule was repealed in 2003. The Texas LLC formation guide covers the rest of the certificate, and the cheapest ways to form a Texas LLC adds up the fees.¹⁰

How do you change your registered agent in Texas?

You file a Change of Registered Agent/Office (Form 401) with the Secretary of State and pay $15. The same form changes the registered office, so a move to a new Texas street address uses it too.³

The order of steps protects you from a gap.

1. Pick the new agent and confirm they qualify: a Texas resident, or a separate organization with a Texas street office.
2. Get their agreement to serve, and confirm the exact registered office address they want listed.
3. File Form 401 online through SOSPortal, by mail, or by delivery in person. If timing is tight, the paid Texas Express tiers start at Standard Expedited $50 (typically 2 to 3 business days).^{2, 3, 8}
4. Wait until the filing is accepted. Until then, the old agent is still your agent on the state's records.
5. Cancel the old service after that, never before.

Providers handle the last step in different ways, so read your contract before filing. LegalZoom lets you cancel by phone or online, and notes that proof of new RA may be required. Northwest lets you cancel anytime through the online account, with no cancellation fee. InCorp's terms list cancellation conditions, one of which must be met before its annual fee falls due (dissolve entity, appoint new agent, or resign InCorp with fees). Harbor Compliance wants notice of non-renewal at least 90 days before the end of the current term, or the term rolls over. A renewal date that lands while you are mid-switch can mean paying two providers for the same year.^{11, 12, 13, 14}

After the change, update the agent details on your next Public Information Report so the Comptroller's record matches. The general walkthroughs on changing a registered agent and cancelling an agent service cover the steps that are the same everywhere.

What happens if your Texas registered agent resigns?

A registered agent who wants out files a Statement of Resignation of Registered Agent and must tell both the LLC and the state; the resignation takes effect on the 31st day after the SOS receives notice (BOC 5.204).¹⁵

The notice has a set order. The agent tells your LLC first, then tells the Secretary of State, with the state notice due within 10 days of notifying the entity. That gives you advance warning. The effective date is counted from when the Secretary of State receives the notice, not from when it reaches you, so the time left depends on how quickly the agent filed.¹⁵

Use that period to find a replacement and file Form 401. Once the resignation takes effect, your LLC has no agent on record, and the statute's duty to maintain one continuously is no longer met. That opens the door to the consequences below.³

Resignations can have ordinary causes. An individual agent sells their house and leaves the state. A friend decides they don't want the responsibility. A commercial service drops a client whose card declined at renewal, and its notice goes to an inbox nobody checks. Keeping your contact details current with whoever acts as your agent helps you catch that last case in time.

What happens if a Texas LLC has no registered agent?

The Secretary of State warns that failing to keep a registered agent may lead to involuntary termination of a domestic LLC, and for an LLC formed elsewhere, revocation of a foreign entity's registration.¹⁶

Involuntary termination means the state ends the LLC's existence on its records without the owners asking. A terminated LLC can't show good standing when a bank, a landlord or a buyer's lawyer asks for proof. Without an agent on record, legal papers also lose their reliable route to the owners; this page's sources don't describe how Texas handles service on an LLC in that position.

Texas offers a way back. The Secretary of State lists the "Application for reinstatement after involuntary termination or revocation" (Form 811) at $75. On the separate route back from tax forfeiture (Form 801), the application requires a Comptroller tax clearance letter and an available name. This page's sources don't say whether the same conditions apply after termination for having no agent, or give a deadline for applying, so ask the Secretary of State before you file. The Texas compliance guide covers that tax route.¹⁷

What does a Texas LLC file each year to stay in good standing?

Texas LLCs file no annual report with the Secretary of State. Their yearly filing goes to the Comptroller instead: a franchise tax report with a Public Information Report, due May 15 each year.¹⁸

The Secretary of State's FAQ says "Only certain types of entities file annual or periodic reports with the Secretary of State", and Texas LLCs aren't among them. The Public Information Report asks for your managers (and members, if the LLC is member-managed), the place your records are kept, and your registered agent name and office address.^{4, 10}

The report gives Texas owners a yearly prompt to review the agent. When you fill it in, check that the agent and office shown there match your current arrangement. If they don't, the fix for the Secretary of State's record is Form 401; the report alone isn't described in this page's sources as changing who your agent is.³

The tax side, including who owes franchise tax and the late penalty, is on the Texas compliance guide. Our explainer on how annual reports work covers the states that do require one.

Do out-of-state LLCs need a Texas registered agent?

Yes. An LLC formed elsewhere that registers to do business in Texas files an LLC Application for Registration, Form 304, for $750, and the same agent statute covers it: it names both filing entities and foreign filing entities (Tex. Bus. Orgs. Code § 5.201).^{1, 19}

Your home state's agent doesn't carry over unless that company also keeps a Texas street office and qualifies here. An Oklahoma LLC whose agent sits in Tulsa still needs someone in Texas. If you use a national service, check what a Texas appointment adds to the bill before you assume it's covered.

For a registered foreign LLC, the penalty for losing the agent is revocation of a foreign entity's registration. Foreign LLCs change their Texas agent on the same Form 401. If you also operate next door, compare the rules for Oklahoma, Louisiana and New Mexico.^{3, 16}

Texas registered agent services and their published prices

The table shows each provider's published agent price and what it renews at. Providers here are listed by our score, highest first, with ties in editorial order. For the terms behind each price, see the Texas registered agent services compared, or read the reviews of Tailor Brands, ZenBusiness and Harbor Compliance.