There is a $15 filing fee to change your registered agent in Texas. Texas has a single universal form for modifying registered agents, where you choose your entity type at the top of the form. If you are a nonprofit corporation or a cooperative association, the filing fee is $5.
Aside from the fact that all business entities operating in Texas are required by law to maintain a registered agent on file at all times, it is imperative to note that Texas has certain requirements for changing your LLC’s registered agent. There are numerous reasons why you might want to change your registered agent in Texas.
It might be because your designated registered agent moved out of state, left the company, or no longer wants the job. It might also be that you assigned the job to yourself, and you no longer want your address on public record. Your business might have also expanded so much that you no longer have time to deal with registered agent responsibilities.
But regardless of what your reasons are, changing a registered agent in Texas can be a challenging task. If you are looking to change your company’s registered agent, it is imperative to first understand who qualifies to serve as one. Texas registered agents can either be an individual who is a resident of the state or a business entity that is legally allowed to do business in the state.
In both cases, the registered agent will need to have a physical street address where documents will be received in person if need be. It will also need to be an address where the registered agent is present during normal business hours.
Although a Texas entity is often not allowed to function as its own registered agent, it is possible for an individual affiliated with the company (such as an owner or employee) to serve as the registered agent if he/she is a Texas resident with a physical street address.
Howbeit, note that your company cannot transact business without a Registered Agent. You could also be subject to fines and penalties and it may result in your business license getting revoked by the Secretary of State. To change your registered agent in Texas, you will have to file a Change of Registered Agent form with the Texas Secretary of State.
Just as it was noted above, it costs $5 for nonprofits and cooperative associations and $15 for all other entities to change their Texas registered agent with the Secretary of State. A professional registered agent service in Texas will cost around $50 and $300 per year. If you choose to serve as your own registered agent, there is no cost.
Steps Involved to Change Registered Agent in Texas
In Texas, there are numerous steps involved when changing your registered agent. Most often, they include the following;
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Obtain Written Consent From Your New Registered Agent
This is the first step to take when looking to change your registered agent in Texas. When making this sort of change, you should first obtain written consent from your new registered agent. This can be done with Form 401-A — Acceptance of Appointment and Consent to Serve as Registered Agent.
While you do not necessarily need to file this form with the Secretary of State, it is imperative you keep it on file with your company’s internal documents. If need be, you have the option to file it with the Secretary of State for a filing fee of $5 for nonprofits and cooperative associations and $15 for all other entities.
Complete Form 401 – Change of Registered Agent/Office
Completing Form 401 – Change of Registered Agent/Office with the Texas Secretary of State is the most viable way to make changes to your registered agent year-round. There are 4 primary ways to submit this form.
This is the most recommended way to submit your Form 401. You can complete and submit Form 401 online via the Texas Secretary of State’s SOSDirect system. The steps you have to take include:
- Navigate to the SOSDirect system
- Log in to your existing account or create a new account.
- Find and fill out Form 401, completing payment when required.
After you must have submitted your form, note that the system will show you a confirmation, and your registered agent will be changed. Although this will take a little time to show up on your record, note that it is the end of the process.
2. Submit by Mail, by Fax, or In Person
Also note that you can submit this form via mail, by fax, or even in person. To submit Form 401 by mail, by fax, or in person, you will first have to download the form from the Texas Secretary of State’s website and then fill it out. You have to submit the form in duplicate using one of the options below:
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
James Earl Rudder Office Building
1019 Brazos St.
Austin, TX 78701
(512) 463-5709 (must include a credit card payment form)
You can pay this fee by check, money order, or credit card. Credit card orders will incur an additional 2.7% convenience fee.
Expedite Your Order
If there is any need for the Texas Secretary of State to expedite the processing of your form, then you have to include a cover letter requesting for expedited service and add $25 to the total filing fee. Note that the Secretary of State will then process your document by the end of the next business day.
Submit an Annual Report
This is another viable means to consider if you are looking to make changes to your registered agent in Texas. If you are near the filing deadline for your business’s Texas Annual Report, you can leverage this filing to your own benefit by making changes to your registered agent without the need to file any other extra paperwork.
According to experts, this is the most convenient way to change your registered agent, but it will have to be done within the filing period.
Don’t forget to put your new registered agent’s information on the report. You will also be expected to obtain written consent from your new registered agent. You can do this with Form 401-A — Acceptance of Appointment and Consent to Serve as Registered Agent.
File a Certificate of Amendment
Note that completing a Texas Certificate of Amendment can also serve as a means to change your registered agent; however, this method can be quite expensive as it costs around $150 to file this document. If you have other amendments to make to your business registration coupled with changing your registered agent, have it in mind that making all those changes on a Certificate of Amendment could be a valid option.
However, if you only intend to change your registered agent, then it is recommended you consider one of the other two options mentioned above.
Texas makes it rather easy for businesses in the state to change their registered agent; however, there are certain necessary details involved in the process. Just as it was noted above, it costs $5 for nonprofits and cooperative associations and $15 for all other entities to change their Texas registered agent.