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Doing things yourself is always the best option, especially when it comes to changing your registered agent in Texas. But where to start? We’ve got everything covered for you.
Follow our easy-to-follow guide and within minutes of reading through this article, you will be able to change Texas registered agent or registered office using Form 401 on your own.
What is a Registered Agent?
A registered agent is a person or entity designated by your business to receive service of process, state correspondence, and receiving or sending important business mails. Depending on the state, a registered agent may also be known as:
- Statutory agent,
- Resident agent, or
- Service of process agent.
How to Change Registered Agent in Texas
For an LLC in Texas, regardless of whether you choose the DIY method or hire a company, you need to file the certificate of change of registered agent. To change your registered agent mentioned in your Article of Organization, you file a change of registered agent or registered office form with the secretary of state.
However, before you file your application to change your registered agent in Texas, you must be sure that your registered agent is:
- At least 18 years of age or older.
- Your registered agent should be a resident of the state of Texas
- A registered agent must be present in the office during regular business hours.
- Your designated registered agent is happily willing to be nominated as your registered agent.
- Since P.O. mailbox can’t be used in most states, a registered agent must have a physical address to deliver documents.
- Your registered agent must be comfortable with their address going to be public in the state record.
Hire a Company to Change Registered Agent in Texas
Among hundreds of companies providing registered agent services for your LLC in Texas across all states, we bring the top 2 registered agent services for you here i.e. ZenBusiness and Northwest Registered Agent, which are far better alternatives of LegalZoom.
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Change Registered Agent DIY in Texas– Form 401
You can change your registered agent or the address of the registered office by filing the amendment with the Texas Secretary of State. You can file the amendment to change the registered agent or principal office address online.
Changing a Registered Agent or Registered Office Using Form 401-Online
You can change the registered agent or registered office online by following the steps given below.
- Login to the SOSDirect system of Texas Secretary of State website to change the registered agent or registered office.
- Find Form 401.
- Complete the form with correct information, including the payment information.
- Review and submit the form.
Important Note: No matter which way you are opting to change your Texas registered agent, you must attach the written conset of your new registered agent using Form 401-A with the Form 401, annual report, or certificates of amendment.
Change a Registered Agent or Registered Office by Submiting Submit Form 401 via Mail, Fax, In-Person
If paper filing of the statement of change of registered agent is more convenient, you first need to download the form from the Texas Secretary of State website. Fill it out with your correct information on your computer and send it along with the filing fee to the address given below:
James Earl Rudder Office Building
1019 Brazos St.
Austin, TX 78701
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
(512) 463-5709 (must include a credit card payment form)
Changing a Registered Agent or Registered Office by Submitting an Annual Report
If you’re within the filing deadline for the Texas Annual Report of your business, you can change the Registered Agent or Registered Office without needing to file additional paperwork.
While filing the Texas Annual Frenchise tax, make sure to put your new registered agent’s information on the report.
Changing a Registered Agent or Registered Office through the Certificates of Amendment
You can change the registered agent via filing Texas Certificate of Amendment. However, it cost you $150, making it the most expensive route to change the registered agent or registered office.
Download the relevant form, fill it out with your correct information and send it back to the Texas Secretary of State. We recommend changing your registered agent through Certificate of Amendment only if you have other amendments to make to your business registration.
You’re better off using other options mentioned above, if you need to only change your registered agent.
Get Written Consent From Your New Registered Agent, Form 401-A
Using Form 401-A, Consent to Serve as Registered Agent and Acceptance of Appointment, you must get written consent from your new registered agent. The filing fee of Form 401-A is $5 for nonprofits and cooperative associations and $15 for all other entities.
Change of Registered Agent Fee in Texas: $15
The state of Texas charges you $15 for Form 401 filings to process your change of registered agent document. You can pay this fee by credit card, check, or money order. However, you need to pay additional 2.7% convenience fee while paying with credit card. Read full instructions given at page three of Form 401.
Expedite Your Change of Registered Agent Order
If you want the Texas Secretary of State to expedite the Form 401 for Change of registered office or resident agent processing, you must include a cover letter and pay an additional $25. Your document will be processed by the end of the next business day.
Information Needed to Complete Change of Registered Agent Form
To change your Texas registered agent, you will need to type in the following information on the change of registered agent or registered office by entity type form:
- Your Texas entity I.D. number,
- The name of your business entity,
- The name of your current registered agent,
- The name of your new registered agent,
- The address of your new registered agent,
- Signature of the authorized person by your business,
- Signature of your new registered agent consenting to their appointment,
- Credit card information to pay the filing fee if filing online,
- If filing through the mail, tick the box if paying the fee through check or fill the information of charge fees to a prepaid account.
Why Change Registered Agent in Texas?
In business, nothing is permanent, nor does everything hold for forever. With changing situations and circumstances, you update and revise your decisions. The same goes with the registered agent.
For instance, you may have appointed your attorney or CPA as your registered agent. Now you wish to change your attorney or CPA, so you would also want to change the registered agent. Some of the common reasons to change your registered agent could be:
- Your designated registered agent wants to retire.
- Your current registered agent moves to another state.
- Your present registered agent is too busy to take responsibility for your business correspondence anymore.
- You are not satisfied with the existing registered agent.
- You have nominated yourself as your registered agent but cannot handle this responsibility due to your busy schedule
- Your designated registered is charging a lot, and you want to hire cheaper registered agent services
FAQs on Changing Registered Agent in Texas
Can I be My Own Registered Agent in Texas?
All business owners in Texas can be their own registered agents. So, whether you are running an LLC or operating your business as a corporation, you can designate yourself to accept service of process and official notices for your business.
Can I switch Registered Agents?
You can switch registered agents at any time. When you are ready to make a change, cancel the previous registered agent service and hire a new one. Then file the appropriate paperwork (change of registered agent form) with your state. However, most states require a fee to process your change of registered agent document.
Can I Get Free Registered Agent Services?
Yes, many reputable LLC services such as ZenBusiness, IncFile, etc provide 1-year free registered agent services after incorporating your business with them. For example, ZenBusiness in its basic package of $39 files your article of organization and provides a free registered agent for one year. Whereas as a standalone service, registered agent service cost you $99.
How do I change my registered agent in Texas?
File a Change of Registered Agent form with the Texas Secretary of State, and you’ll be able to change your registered agent. You just need to fill in the correct information, including the name of the previous registered agent, the name and address of the new registered agent, your business name and I.D. number, etc.
Do you have to have a registered agent for an LLC in Texas?
Registered agents are a must for any formal business in Texas. So whether you have an LLC, LLP, or corporation, you need to designate a registered agent for state correspondence. If you’re not sure what a registered agent’s role is and do you need one, read our article on What is a Registered Agent? Be Your Own or Hire a Service to help your company operate smoothly.
What is the responsibility of a registered agent?
Registered agents ensure that critical legal and other documents, such as subpoenas or regulatory notices, are delivered to you without any delay. They help your business remain compliant and up-to-date by delivering all necessary paperwork. They are responsible for accepting official correspondence on behalf of the company, such as tax forms, legal notices, and business mails.
Aisha Noreen is an owner of a small business with more than 9 years of experience in the marketing industry. With the wisdom of an old soul, she always seeks innovation and mind-blowing ROI techniques. Her unique approach helped many small businesses thrive and she can surprise you in many ways as well. Believe it or not, her energy, passion, and creativity are contagious enough to transform your business and take it to another level.