What Is A Registered Agent In Texas?
A registered agent in Texas mainly acts as the primary contact for your LLC with the state. Your registered agent can be expected to receive such things as compliance information and tax notifications for your LLC.
Also, registered agents are responsible for accepting process services. Therefore, if your LLC is sued, the registered agent accepts legal summons on the behalf of your LLC.
In Texas Can I Act As My Own Registered Agent?
Yes, you can act as your own registered agent in Texas. You also can select one of your LLC’s members or a trustworthy friend, as long as this individual is:
is at least 18 years old
has a physical address in Texas where your business operates
during regular business hours is always available to receive process service in person
Hiring a registered agent professional service is another option. One disadvantage of this alternative is that it costs more than serving as your own registered agent. However, when you use a professional service it can help you avoid legal problems or fees that are caused by misplacing or missing an important notice or document. Over the long run, that can save you more money and time.
Should I Use Professional Registered Agent Service In Texas?
There are more pros than cons to hiring a registered agent professional service in Texas for your business. These services are referred to as commercial registered agents as well.
The address of your registered agent is listed in the public record – and not your office or personal address. That is particularly important for you to consider if you operate your business out of your house.
Convenience: If you decide to act as your LLC’s registered agent, then you must be available during regular business hours to receive official notices at the address that you have provided. You can keep a more flexible schedule when you hire a professional registered agent.
Discretion: If your company is used, you will be notified discreetly and immediately by your registered agent. It isn’t necessary for you to worry about being serviced in front of your customers or your employees.
Peace of mind: You will be sent regular compliance reminders from your professional registered agent and be notified of any requirements that you need to comply with so that your LLC stays in good standing. This will allow you to focus more of your attention and time on operating your business instead.
National Coverage: A national registered service can continue services for you if you make the decision to expand your business in different states as a foreign LLC.
Cost: It is more expensive to hire a commercial registered agent than it is to act as your LLC’s registered agent on your own.
How Do I Select A Registered Agent In The State Of Texas?
A Texas LLC is required to choose a registered agent when the Certificate of Formation is completed. The primary LLC formation document in the state of Texas is the Certificate of Formation.
Selecting The Registered Agent For Your LLC Online
Your Texas LLC can be formed online at the Secretary of State’s website (there is a required $300 filing fee). You will obtain access to all of the necessary resources for forming your LLC online and appointing a registered agent.
Selecting The Registered Agent For Your LLC By Mail
In order to form your LLC in Texas by mail, the Certificate of Formation form needs to be downloaded (there is also a required $300 filing fee). After you have filled out all of the required fields, then a physical copy needs to be mailed to the Secretary of State of Texas. In Article 2, your registered agent’s contact information and name will be requested.
How Can I Change My LLC’s Registered Agent In The State Of Texas?
A registered agent service can easily be changed. Download the Change of Registered Form. After you fill it out (required $15 filing fee), a physical copy needs to be filed with the Secretary of State of Texas.
When selecting a new registered agent, you need to ensure that the signed consent form of the new registered agent is submitted, if applicable. The step can vary by state and will depend on who is selected as your registered agent.
FAQs About Registered Agents
In Texas, do I need to have a registered agent?
In all U.S. states, except for New York, all LLCs and corporations are required to have a registered agent. Different states may refer to registered agents by different names, like an agent for service of process, a statutory agent, or resident agent.
In Texas Can I Act As My Own Registered Agent?
Yes, you can act as your own registered agent in Texas if you:
are at least 18 years old
have a physical address in the state of Texas where your business operates
during regular business hours are always available to receive process service in person
What do registered agents do?
They maintain up-to-date paperwork to ensure your business remains compliant. They also accept official correspondence for your business, like legal notices, tax forms, and federal and state government paperwork.
Should I be the registered agent for my LLC?
As long as you meet conditions, you can act as the registered agent for your LLC. Many small business owners do decide to do hat rather than appointing someone else for the role or hiring a professional third party service.
There are potential inconveniences and extra responsibilities that come with this position. Therefore many business owners determine it is better for them to choose a professional service or another person to act as the registered agent for their business. You need to weigh the advantages and disadvantages of all of your options to determine which one is the best for your business and you.
What are professional registered agent services?
These are third-party companies that take on a registered agent’s responsibilities for your business for a fee.
Who is eligible to be a registered agent?
Requirements for registered agents can vary somewhat from one state to the next. In general, they allow for both business entities and individuals to serve as the registered agent for a company.
Business entities are required to be registered in the state to operate and individuals need to be 18 years old at least. Both need to have a physical office and be available during normal business hours.
Although it is possible to be the registered agent for your business, we recommend that you consider hiring a reliable and experienced registered agent professional service to deal with this aspect of your business requirements.
How much do registered agents cost?
The cost varies, however, it can range from free (when you act as the registered agent yourself) to a couple of hundred dollars per year for certain third-party professional services.
Over the long run, it can save you money and time when you hire a registered agent professional service.
Are the registered agent and the owner the same?
No. Registered agents maintain certain paperwork to keep it current and receive official correspondence for the business, but the role is not the same as the owner’s role. That said, the business owner can act as the registered agent for the company.
Why does my business need a registered agent?
Business owners are required by a majority of states to name a registered agent. However, even when you are not required to have one, we strongly recommend that you appoint a registered agent to help maintain your privacy, give you peace of mind, and accept process services.
Can a registered agent be held liable?
If a registered agent fails to meet the legal responsibilities they have as a registered agent, like failing to inform a business it is being used, then a registered agent can potentially be held liable for damages.
Can my registered agent be changed?
Yes, your registered agent can be changed. You need to file the necessary paperwork with the proper state agency. Various states have their own forms and processes.
Should I hire a registered agent service?
You need to determine if hiring a registered agent service is best for your business and you. Although registered agent services can be very convenient and may reduce how much paperwork you need to maintain on your own, they are an additional expense as well. To determine which option is best for you, it is important to weigh the advantages and disadvantages.