How Do I Change My Registered Agent in Texas?
If you need to change your Texas registered agent, you’ll need to file Form 401: Change of Registered Agent/Office with the Secretary of State.
We’ll help you correctly change your Texas registered agent; just follow our easy instructions below.
Another option is to have your new Texas registered agent service process the change for you.
Recommended: Northwest ($125/year) will help you file your change of registered agent paperwork and pay the state filing fee.
Changing Texas Registered Agents
Whether you’re changing your registered agent service, your current agent has resigned, or you want to be your own registered agent, you can follow the steps below to make the change.
Changing Your Registered Agent When Using a Professional Service
If you are hiring a new service, they may file the necessary paperwork for you.
The benefits of using a professional service are:
- Less Risk: A professional service will ensure that you don’t miss important legal documents or notifications (e.g., service of process, legal correspondence, etc.).
- More Flexibility: A service will always be present to receive service of process during normal business hours so that you don’t have to be.
- Privacy: If you act as your own agent, your name and address will become public record. Using a service will help keep your information private. You’ll also avoid receiving lawsuit-related documents in front of your clients.
- Peace of mind: Using a service allows you to focus on running and growing your business.
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Changing Your Registered Agent Online
You can complete and submit Form 401 online via the Texas Secretary of State’s SOSDirect system. The steps for this process include:
- Log in to your existing SOSDirect account or create a new account.
- Find and fill out Form 401, completing payment when required.
Once you submit your form, the system will show you a confirmation, and your registered agent will be changed.
Changing Your Registered Agent by Mail, Fax, or In Person
To submit a hard copy of the form, first download Form 401 from the Texas Secretary of State’s website and then fill it out.
For full instructions, read page three of Form 401.
Changing Your Registered Agent by Mail
To file Form 401 by mail, submit the form in duplicate to the address below:
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
Changing Your Registered Agent In Person
To submit Form 401 in person, take the form in duplicate to the address below:
James Earl Rudder Office Building
1019 Brazos St.
Austin, TX 78701
Changing Your Registered Agent by Fax
To submit Form 401 by fax, send the form in duplicate to (512) 463-5709 with a credit card payment form.
Consent to Appointment
According to Texas law, you must have written consent from your new registered agent. To obtain written consent, you will need to use Form 401-A: Acceptance of Appointment and Consent to Serve as Registered Agent. You do not have to file this consent with the Secretary of State.
Texas Filing Fee
The current filing fee for Form 401 is $15 ($5 for nonprofits/cooperative associations). You can pay this fee by check, money order, or credit card. Credit card orders will incur an additional 2.7% convenience fee.
Changing Your Registered Agent With a Certificate of Amendment
Filing a Texas Certificate of Amendment can also change your registered agent. However, it costs $150 to file this document, making it the most expensive option.
If you have other amendments to make to your business registration in addition to changing your registered agent, making all those changes on a Certificate of Amendment could be a good option. If you only want to change your registered agent, you’re better off using one of the other two options mentioned above.
FAQs
The fee for changing a registered agent in Texas is $15 for most business entities. This includes corporations, limited liability companies (LLCs), partnerships, and other similar organizations. However, it is worth noting that nonprofits and cooperatives are charged only $5 for the same service.
Yes, you can be your own registered agent in Texas if you meet certain requirements. Firstly, you must be 18 years or older and have a physical address within the state of Texas. Additionally, you must always be available during normal business hours at this registered office address to receive service of process.
Yes, to change your registered agent online in Texas, you will need to file Form 401: Change of Registered Agent/Office with the Texas Secretary of State. This form can be accessed through the Secretary of State’s website. Note that there is a fee associated with filing this form.