What is a registered agent?
A registered agent in the United States is someone that is designated to receive service of process and other official documents on behalf of a company, such as a corporation or an LLC. The agent’s address is listed on your business’ Certificate of Formation, and all important documents are sent there. They are then responsible for notifying you on receipt of the documents, and tell you when important deadlines are coming up.
Can you be your own registered agent in Texas?
In Texas it is permissible to become your own registered agent, or have someone you know do it too – whether it be a friend, another member of your LLC, or an employee.
The only requirements to be a registered agent are that the person:
- Has to be 18 or over
- Has a physical address in Texas
- Is always available during normal business hours to receive service of process in person at a certain location.
This can be hard to find, so a lot of people often hire a professional registered agent service, of which the only disadvantage is that it’s more expensive than acting on your own. But having a service can be ultimately cheaper by helping you avoid fees or further legal trouble that’s caused by missing an important notice, and they save you time by you not having to organise yourself.
Should I get a registered agent service?
If you ask us, the advantages heavily outweigh the disadvantages. The only real disadvantage is the cost. Other than that, here are a few reasons you might want to get a registered agent service:
Privacy – a registered agent’s address needs to be listed on public record. If you choose to be your registered agent and work from home your personal address will be made public, and you might not want that for safety reasons.
Convenience – registered agents need to be at the address provided all the time during business hours. This can limit your schedule. With a registered agent you can come and go as you please.
Peace of mind – having a registered agent means they collect all documents for you, sort them out, and tell you when any deadlines are coming up to keep your LLC in good standing. This means you spend less time fretting and more time running your business.
National coverage – if you’re expanding to another state you need a registered agent in every state.
How do I elect a registered agent?
There are two main methods to do so. In Texas you’ll elect a registered agent when you complete your LLC’s Certificate of Formation. This officialises your LLC as a business, and there are two main ways to do this:
Online: this can be done on the Texas Secretary of State website with a filing fee of $300. All the resources you need to appoint a registered agent are there.
By mail: in order to do it my bail, you’ll need to download the Certificate of Formation, which also costs $300, fill it out, and submit the physical copy to the Secretary of State. In this, your registered agent’s name and contact information will be requested in Article 2.
How can I change my registered agent?
You may have decided that you don’t want to be your own registered agent anymore, or the other way around. Well, changing your registered agent service is just as simple as assigning one. All you have to do is download a ‘Change of Registered Agent’ form and file a physical copy of this with the Secretary of State. The cost for filing this is $15.
When electing a new registered agent it’s important to remember to submit your new registered agent’s signed consent form, in case you’re ever asked for it.
TRUiC has a huge amount of information on their website to do with registered agents. Visit their site for more.