The official definition of a registered agent is “an agent of [an LLC] on whom may be served any process, notice, or demand required or permitted by law to be served on the [LLC].” In other words, the registered agent is who will be served with a lawsuit if the LLC is ever sued.

Anyone can be a registered agent if they meet the legal requirements. Generally speaking, the registered agent must consent to serve, be a Texas resident, and have a physical address they are willing to disclose publicly.

Most often, one of the business owners is the registered agent. If none of the business owners want to be the registered agent, then a professional registered agent service is typically hired.

A registered agent must consent to serve as the registered agent. The registered agent's consent to serve should be in a written or electronic form. The state has published Form 401-A for this purpose.

Some professional registered agents charge less than $50 per year, while others charge more than $350. The average cost for a professional registered agent service is $120 per year.

The popular registered agents in Texas are:

• Registered Agent Solutions, Inc.*
• Registered Agents, Inc.
• National Registered Agents, Inc. (NRAI)
• CT Corporation
• InCorp Services, Inc.
• Corporation Service Company (CSC)
• Northwest Registered Agent, LLC
• United States Corporation Agents, Inc. (a LegalZoom affiliate)
• Lone Star Registered Agent
• Texan Registered Agent, LLC
• Legalinc Corporate Services, Inc.

*Registered Agent Solutions, Inc. (aka RASI) has given the Copp Law Firm the ability to hire them on behalf of our clients. RASI has agreed to reduce their annual fee to $120/year for our clients. If you need a professional registered agent and would like for us to get you set up, we are happy to help. For new LLCs, we give you the option to designate a registered agent of your choosing or have us hire one for you.

Yes, you can be a registered agent for your business if you are a Texas resident and have a physical address in Texas that you are willing to disclose publicly.

The following are not eligible to be a registered agent in Texas:

• A non-resident of Texas
• Anyone who will not (or cannot) consent
• An entity can be the registered agent for itself
• A foreign entity that is not authorized to do business in Texas

The registered agent is not liable for the represented entity's debts, liabilities, or obligations. However, if the registered agent receives a legal notice and fails to forward it to the represented entity, the registered agent can be liable for damages to the represented entity.

Every entity (LLC, Corporation, etc.) that is registered in Texas must appoint and designate a registered agent in Texas. Please note that the registered agent is typically one of the business owners.

You can change your registered agent at any time by filing a Statement of Change of Registered Agent (SOS Form 401) with the Texas Secretary of State and paying the $15 filing fee.

The new registered agent will need to consent to the appointment, which is typically accomplished by having them sign an Acceptance of Appointment and Consent to Serve as Registered Agent (SOS Form 401-A).

The sole duty of a registered agent in Texas is to receive any process, notice, or demand and then forward the same to the represented entity. Professional registered agents often provide additional services like:

• allow you to use their address as your business address.
• forward mail and other documents as directed
• save copies of all documents received for future access
• file public information reports with the Texas Comptroller
• file beneficial owner information (BOI) reports with the federal government

Using a professional registered agent offers several benefits for businesses, including:

• Consistency. Professional registered agents maintain regular hours, ensuring that someone is available to receive important legal and tax documents during standard business hours, which is a requirement in Texas. This is convenient for business owners who travel frequently or do not maintain regular office hours.
• Privacy. A registered agent's address is public record, which means using a professional service can provide a layer of privacy for business owners. This can be particularly beneficial for a home-based business that prefers not to make a home address public.
• Avoid Embarrassment. Avoid having your clients, vendors, neighbors, or employees encounter a sheriff or process server if the LLC is ever sued.
• Efficiency. Make sure that the right person receives any legal documents in a timely manner.
• Adaptability. As your company expands into other states, you have a one-stop source to handle all of your registered agent needs.
• Compliance. Professional registered agents are well-versed in the legal requirements for businesses in their jurisdiction. They ensure that your business remains in good standing by helping you comply with state regulations, filing deadlines, and legal obligations.
• Savings. Save time and money by not having to update your registered agent information each time you or your LLC moves.
• National Coverage. For LLCs that operate in multiple states, professional registered agents can provide services across various jurisdictions, simplifying the process of maintaining compliance in multiple states.

Selecting the right registered agent for your Texas LLC is fairly straightforward. Typically, one of the business owners will be the registered agent for the business. If, however, none of the business owners live in Texas (or just don't want to disclose their Texas address publicly), you may use a professional registered agent service.