Whether you have elected yourself to act as the registered agent for your business, or appointed a professional registered agent, at some point you may want to change this.
The process is an easy one in the state of Texas. All you need to do is complete a Change of Registered Agent form, file the physical copy at the Secretary of State, and pay the charge of $15.
Learn more about the process of completing the change by reading the below.
Services provided by a registered agent
Registered agents act on behalf of your business and they receive, accept, and forward important documents about your business. This is an important duty because you are always aware of any process, notice, or demand on your business. Their services allow you to maintain your privacy because your address is not on the public record and it provides you with discretion, especially if your business is sued. A registered agent service allows you the freedom to move around daily, instead of having to always be present to receive important correspondence. Also, papers are never misplaced or forgotten, nor will you ever forget important deadlines since the registered agent has a duty to remind you of them.
Should you use a registered agent?
The only con to not using a registered agent is the annual fee. However, depending on the services required of them, this does not usually surpass a couple of hundred dollars annually. If you have done the filing of your Articles of Organization with a national registered agent, they usually offer the first year of registered agent services for free.
Registered agent services reduce the amount of paperwork you need to keep track of and ensure that you do not meet important tax and compliance deadlines. They also ensure that you are notified of any legal summons.
What is the process of electing a new registered agent?
Before changing your registered agent service at the Secretary of State, you will first need to appoint a newly appointed registered agent service. You will need to have a signed consent form from them to submit with your form.
Can someone resign as a registered agent?
Registered agents can resign, but they need to notify your entity and to the Secretary of State. Also, registered agents who change office addresses must file the information with the Secretary of State and your business, so that you can make the necessary changes.
Who can be a registered agent?
The state of Texas allows anyone over the age of 18 to act as a registered agent on behalf of a business. However, they do need to have a physical address in the state and be at the address during normal office hours to receive correspondence for the businesses they represent.
As a business owner in the state of Texas, you can be the registered agent for your entity if you meet the above criteria. However, your business entity cannot be a registered agent service, but it can appoint another business entity, such as a service company, to be your LLC’s registered agent.
Liability of registered agents
Registered agents have a legal responsibility toward the entities they represent. If they do not meet these, they could be liable for damages.
Electing a registered agent
In Texas, you need to appoint a registered agent before you file for your LLC Certificate of Formation. If you file for your LLC online at the Texas Secretary of State, there is a guideline and the resources to appoint a registered agent. However, you can also elect to have a registered agent do the filing for your LLC, and some offer the first year’s registered agent services for free. The filing fee for an LLC formation in Texas is $300.
Whether you choose to form your LLC online or by mail, you need to provide the name of your chosen registered agent on the Certificate of Formation.