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 agent may be a Texas-resident individual, a domestic entity, or a foreign entity registered in Texas. The filing LLC cannot be its own agent. Maintain a Texas registered-office street address where the agent can receive in-person service during normal business hours; a mailbox/answering service alone is insufficient. Obtain written or electronic consent and retain it. Form401-A is a model consent form, not the exclusive permitted evidence.
- Required?
- Yes (BOC §5.201)
- Who can serve
- TX resident; domestic or registered foreign entity
- Address
- TX street (no P.O. box)
- Availability
- Business hours
- Consent
- Written or electronic; retain evidence
- LLC as own agent?
- Not allowed
- Cost
- Provider terms vary; DIY if eligible
- 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.
Texas requires continuous agent/office maintenance. Failure can lead to termination or revocation; do not describe every lapse or termination as automatically eliminating all liability protection.
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).
A Texas agent may be a Texas-resident individual, a domestic entity, or a foreign entity registered in Texas. The filing LLC cannot be its own agent. Maintain a Texas registered-office street address where the agent can receive in-person service during normal business hours; a mailbox/answering service alone is insufficient. Obtain written or electronic consent and retain it. Form401-A is a model consent form, not the exclusive permitted evidence.
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.
- Service charges and renewals depend on the current provider contract; compare actual terms.
The Consent Rule (Form 401-A)
A Texas agent may be a Texas-resident individual, a domestic entity, or a foreign entity registered in Texas. The filing LLC cannot be its own agent. Maintain a Texas registered-office street address where the agent can receive in-person service during normal business hours; a mailbox/answering service alone is insufficient. Obtain written or electronic consent and retain it. Form401-A is a model consent form, not the exclusive permitted evidence.
Keep evidence of the agent’s actual written/electronic consent with company records; it is not submitted with the Certificate or statement of change.
Confirm consent explicitly with the agent or provider and retain the evidence. Do not assume every provider’s onboarding automatically completes your recordkeeping duties.
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
File Form401 for an agent/office change, with a $15 base fee. Obtain consent first and follow current SOSPortal or paper instructions, actual checkout charges and processing conditions. The September2026 instructions list card charges of $0.25 plus2.25%; confirm the actual checkout and current queue before submitting.
Get replacement-agent consent and file promptly. Verify the actual resignation-effective date and current record rather than waiting for a service gap.
- ✓Review address-use rules and privacy policies; a service does not remove all information from public filings.
- ✓Confirm document receipt, forwarding methods, response times and any additional charges.
- ✓Confirm registered-agent eligibility, coverage, included periods and renewal charges.
- ✓Review current service terms, privacy policies and renewal pricing before ordering.
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Consent, office and change procedure
A Texas agent may be a Texas-resident individual, a domestic entity, or a foreign entity registered in Texas. The filing LLC cannot be its own agent. Maintain a Texas registered-office street address where the agent can receive in-person service during normal business hours; a mailbox/answering service alone is insufficient. Obtain written or electronic consent and retain it. Form401-A is a model consent form, not the exclusive permitted evidence. File Form401 for an agent/office change, with a $15 base fee. Obtain consent first and follow current SOSPortal or paper instructions, actual checkout charges and processing conditions. The September2026 instructions list card charges of $0.25 plus2.25%; confirm the actual checkout and current queue before submitting.
Texas Registered Agent — FAQ
Ahmad Adil is the founder and CEO of LLC School. Confirm current SOS agent, consent and Form401 requirements. A commercial provider is optional and its prices and renewal terms vary.
About Ahmad Adil → Texas LLC Overview →