Texas Registered Agent — Step 2 of 8
Every Texas LLC must appoint a registered agent — the person or company that receives legal documents and state notices on your behalf. This guide covers exactly who qualifies, whether to be your own agent or hire one, the consent rule that trips people up, and how to appoint or change your agent.
A Texas registered agent must be a Texas resident or an authorized company with a physical Texas street address (no P.O. boxes), available during business hours to accept legal documents. You can be your own agent for free, or hire a service (about $125/yr) to keep your home address private. The agent must consent (Form 401-A, kept in your records), and your LLC cannot serve as its own agent.
- Required?
- Yes (BOC §5.201)
- Who can serve
- TX resident or company
- Address
- TX street (no P.O. box)
- Availability
- Business hours
- Consent
- Form 401-A (on file)
- LLC as own agent?
- Not allowed
- Cost
- $0 DIY · ~$125/yr
- Next step
- Step 3 →
What a Texas Registered Agent Does
A Texas registered agent is the official point of contact for your LLC. They receive service of process (lawsuit papers), notices from the Texas Secretary of State, and other legal and compliance mail, then forward it to you promptly.
This isn't optional paperwork. Under the Texas Business Organizations Code §5.201, every LLC must continuously maintain a registered agent and a registered office. If you don't, the state can involuntarily terminate your LLC — wiping out the liability protection you formed it for. Your agent is named on your Certificate of Formation in Step 3.
Texas Registered Agent Requirements
To serve as a registered agent in Texas, a person or company must meet all of these:
- Be a Texas resident or an authorized company. Either an individual who lives in Texas, or a business entity registered/authorized to do business in Texas (like a professional registered agent service).
- Have a physical Texas street address — the "registered office." No P.O. boxes, mailbox stores, or answering services.
- Be available during normal business hours to accept documents in person (generally 9–5, Monday–Friday).
- Consent to serve in writing or electronically, using Form 401-A (kept in your records — more on this below).
Your LLC can't be its own registered agentIn Texas, a business entity may not serve as its own registered agent. You, a member, an owner, or an employee can serve as an individual — but the LLC itself cannot. The Secretary of State also can't serve as your agent.
Should You Be Your Own Registered Agent?
This is the real decision in Step 2. Answer four quick questions and the tool will recommend whether to serve as your own agent or hire a service:
DIY vs. a Registered Agent Service
Both are valid. Here's the honest trade-off:
Be Your Own Agent
- Free — no annual fee.
- Full control of your own mail.
- Your address is public record.
- You must be present 9–5 — miss a server and you risk a default judgment.
Use a Service (~$125/yr)
- Keeps your home address off public record.
- Never miss service of process while traveling.
- Documents scanned and emailed; consent handled for you.
- Costs money (often free the first year).
The Consent Rule (Form 401-A)
Since January 1, 2010, anyone you name as your registered agent must have consented to serve (BOC §5.207). The standard consent document is Form 401-A (Acceptance of Appointment and Consent to Serve as Registered Agent).
Here's the part people miss: you don't file Form 401-A with the state — you keep the signed copy in your own LLC records. But you must actually have that consent. Naming someone as your agent without their consent is a violation with real penalties, and that person can formally reject the appointment.
Services handle consent automaticallyIf you hire a registered agent service, they provide the consent as part of onboarding — there's no separate Form 401-A to chase. If you're serving as your own agent, sign one for your records anyway; it's good practice and costs nothing.
How to Appoint Your Registered Agent
You appoint your agent when you file your Certificate of Formation (Form 205) in Step 3. The form has two options:
- Option A — an organization: a registered agent company or another authorized entity. Enter the company's exact legal name.
- Option B — an individual: yourself, a member, or another Texas resident. Enter their full name.
- Registered office address: the agent's physical Texas street address (no P.O. box). This becomes public record.
That's it — there's no separate filing to appoint your first agent. The appointment happens inside the formation document.
How to Change Your Registered Agent Later
If you ever need to switch — you hired a service, moved, or your agent resigned — file Form 401 (Statement of Change of Registered Agent/Office) with the Secretary of State. The fee is $15 (a 2.7% card fee applies online via SOSDirect). Online processing is about 1–2 business days; mail takes 7–10.
Get your new agent's consent first, then file. If your current agent resigns, they file Form 408, and the resignation becomes effective on the 31st day after the state receives it — so don't wait to name a replacement.
- ✓Texas registered office — your home address stays private
- ✓Same-day document scanning, consent handled for you
- ✓1 FREE year of Texas Registered Agent ($125 value)
- ✓No upsells · No data selling · $125/yr flat after year 1
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Texas Registered Agent — FAQ
Ahmad Adil is the founder and CEO of LLC School. The requirements on this page were verified against Texas Business Organizations Code §5.201–5.207 and the Texas Secretary of State's Registered Agent FAQs and Form 401/401-A instructions. LLC School updates its Texas guides whenever the state changes its process or fees.
About Ahmad Adil → Texas LLC Overview →