Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, there are several reasons for why you may need to change the registered agent for your LLC in Texas.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in Texas.
NOTE: If you need help changing registered agents, the same services that are known for offering good LLC services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a Texas Registered Agent?
A Texas registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
There is no minimum age requirement on who can be a registered agent in the state of Texas. The Texas Secretary of State website goes into detail about who can be a registered agent in this state:
“Generally, an individual Texas resident or an organization that is registered or authorized to do business in Texas with a business office at the same address as the entity’s registered office may consent to serve as the registered agent. Although an officer, owner, or employee may serve as an entity’s registered agent, an entity may not serve as its own registered agent. An entity may contract for the provision of registered agent services from another business entity, such as a service company. The secretary of state, or other governmental agency or authority, cannot serve as an entity’s registered agent.”
For more general information regarding the role of a registered agent with a Texas LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in Texas?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
In Texas, the main way to change a limited liability company’s registered agent is to file a Statement of Change form, but if you have other parts of your articles of organization to amend, you can also include the change on an amendment form.
Option 1) Filing a Statement of Change Form
The vast majority of Texas LLCs that want to change registered agents will do so by filing a Statement of Change of Registered Office/Agent form. This form has a filing fee of $5, and it can be filed by fax, mail, in person, or online.
Option 2) Amending the Articles of Organization
It is also possible to change a Texas LLC’s registered agent by filing a Certificate of Amendment, which allows you to change several aspects of your articles of organization. However, the state specifically says in the filing instructions for this form that it should not be used solely to change registered agents, but rather “if the entity is changing its name or making other changes to its certificate of formation, any changes to the registered agent or registered office may be included in a certificate of amendment.” This form has a $150 fee, and it may only be filed via mail, fax, or in person.
The Texas Secretary of State website has an FAQ section that details the standard processing times for document filings in this state. It says that their turnaround times are typically within 5-7 business days, and that expedited service is available for $25, which speeds up processing to be “generally processed by close of business the first business day following the date of receipt.”
Prefer to Have a Registered Agent Service Handle Your Requirements?
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in Texas
It’s always important to be well-informed regarding the specific laws for changing your registered agent. The laws for registered agents in Texas do not vary depending on business entity type or domestic/foreign classification, so all businesses follow the same rules and regulations.
Specifically, we can reference Chapter 5, Section 202 of the Texas Statutes, which states:
- “A filing entity or foreign filing entity may change its registered office, its registered agent, or both by filing a statement of the change in accordance with Chapter 4.
- The statement must contain:
- the name of the entity;
- the name of the entity’s registered agent;
- the street address of the entity’s registered agent;
- if the change relates to the registered agent, the name of the entity’s new registered agent;
- if the change relates to the registered office, the street address of the entity’s new registered office;
- a recitation that the change specified in the statement is authorized by the entity; and
- a recitation that the street address of the registered office and the street address of the registered agent’s business are the same.”
If you operate a limited liability company in the state of Texas, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In Texas, an LLC can change its registered agent by filing a Statement of Change form. It’s a simple document with a reasonable filing fee, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in Texas, and as always we thank you for choosing Registered Agent Ready!