Texas Registered Agent in 2026: Requirements, Changing Agents and What It Costs

Every Texas LLC, corporation, limited partnership and out-of-state company registered in Texas must name a registered agent and keep one for as long as it exists. The rule sounds like paperwork, but it decides where lawsuits and state notices land and whether your home address ends up in a public database. This guide explains the Texas Business Organizations Code requirements, the consent rule, how to change agents with Form 401, what professional services cost, and when acting as your own agent makes sense. Fees were checked with the Texas Secretary of State in October 2026.

Quick answer

A Texas registered agent is the person or company named to receive lawsuits and official notices for your business. It must be a Texas resident or an organization authorized to do business in Texas, with a street address in Texas where it can be served in person during business hours, and it must consent to the job.

• You can be your own agent if you live in Texas — the company itself cannot

• No PO boxes, mailbox stores or answering services as the registered office

• Change agents with Form 401 for $15, filed online in SOSPortal

• Professional services cost roughly $125–$249 a year (estimate, 2026 list prices)

• Lose your agent and you risk default judgments and involuntary termination

What a registered agent does in Texas

Section 5.201 of the Business Organizations Code (BOC) requires every filing entity and every registered foreign filing entity to continuously maintain a registered agent and a registered office in Texas. Filing entities include for-profit and nonprofit corporations, LLCs, limited partnerships and professional associations. A sole proprietorship or general partnership that has not registered with the Secretary of State does not need one.

The agent has two duties under the BOC. First, to receive any process, notice or demand served on the business and forward it, or otherwise notify the business, at the address the business most recently gave the agent. Second, to pass on notices the law requires to be given to the business. In practice that means a citation and petition for a lawsuit, a garnishment, a subpoena, or a letter from a state agency.

The agent is a messenger, not a guarantor. Section 5.208 says a person is not liable for the company's debts or obligations just because they are its registered agent. That protection matters when a friend or relative agrees to act for you.

Texas registered agent at a glance (2026)

$15

Form 401 change fee

Statement of change of agent/office

no fee

Agent resignation (Form 402)

Takes effect on day 31

$55

Service through the Secretary of State

Paid by the person suing

Jan 1, 2010

Consent rule in force

BOC §5.2011

Who can be a registered agent in Texas

The BOC allows two kinds of registered agent. The first is an individual who lives in Texas. The second is an organization, other than the business being represented, that is registered or authorized to do business in Texas and keeps a business office at the registered office address. When the agent is an organization, an employee must be on hand during normal business hours to accept service.

Within those limits, almost anyone can serve. An owner, member, manager, officer or employee of the business may be its agent, and so may an outside lawyer, accountant or registered agent service company. What is not allowed: the business cannot be its own registered agent, and neither the Secretary of State nor any other government body can act as one. An out-of-state owner with no Texas address therefore has to appoint someone else.

Who can serve as a Texas registered agent

Option	Allowed?	Things to know
You, as owner or manager (Texas resident)	Yes	Your name and street address become public; you must be reachable in business hours
An employee or officer	Yes	Plan for turnover — if they leave, file Form 401 promptly
A friend or relative in Texas	Yes	Get written consent; they forward papers but are not liable for your debts
Your attorney or CPA firm	Yes	Often bundled with other services; check how fast they notify you
A registered agent service company	Yes	Must be authorized in Texas; typical cost is an annual fee
The LLC or corporation itself	No	An entity cannot be its own agent
An out-of-state individual	No	Must be a Texas resident

You, as owner or manager (Texas resident)

Allowed?

Yes

Things to know

Your name and street address become public; you must be reachable in business hours

An employee or officer

Allowed?

Yes

Things to know

Plan for turnover — if they leave, file Form 401 promptly

A friend or relative in Texas

Allowed?

Yes

Things to know

Get written consent; they forward papers but are not liable for your debts

Your attorney or CPA firm

Allowed?

Yes

Things to know

Often bundled with other services; check how fast they notify you

A registered agent service company

Allowed?

Yes

Things to know

Must be authorized in Texas; typical cost is an annual fee

The LLC or corporation itself

Allowed?

No

Things to know

An entity cannot be its own agent

An out-of-state individual

Allowed?

No

Things to know

Must be a Texas resident

The registered office address rules

The registered office is the address on file where the agent can be found. Under BOC §5.201 it must be a street address in Texas where process can be personally served on the agent during normal business hours. It does not have to be your place of business, so a Dallas company can use an agent in Austin.

It may not be solely a mailbox service or telephone answering service. A UPS Store box, a PO box or a virtual mailbox with a suite number does not qualify on its own, because no person is there to hand papers to. A coworking address can work if the agent actually keeps an office there and is present during business hours, but check the arrangement before you list it.

The Form 401 instructions add one more requirement: the statement must recite that the registered office street address is the same as the registered agent's business address. You cannot list an agent in Houston with a registered office in El Paso.

The consent rule: why your agent must agree

Since January 1, 2010, BOC §5.2011 has required that anyone named as a registered agent consent to the appointment, in writing or electronically, before you name them. The Secretary of State publishes Form 401-A, Acceptance of Appointment and Consent to Serve as Registered Agent, for this purpose, though any signed written consent works.

You do not usually file the consent. The Secretary of State asks that the signed consent go to the business and stay in its records. If you choose to file one separately so it appears in your filing history, the fee is $15, or $5 for a nonprofit corporation or cooperative association. When a manager or officer signs a Form 401 or certificate of formation naming an agent, that signature itself affirms that the agent has consented.

Skipping consent has consequences on both sides. Naming someone without permission is a false statement in a filing instrument, which brings the liabilities and penalties in BOC §§4.007 and 4.008. The person named is not obliged to forward anything to you, and §5.208 makes them immune from liability for failing to do so. They can also file Form 428, a rejection of appointment, at no fee, which ends both the agent and registered office appointment on file. If that happens, your company has no agent until you file a new one.

Commercial agents vs. acting for yourself

Texas does not keep a separate register of commercial registered agents, unlike states that have adopted the Model Registered Agents Act. Any qualifying individual or organization can serve for any number of businesses. In practice, though, there are two very different types of agent: the service company or firm that does this for many clients, and the individual (often the owner) acting for one business.

Service companies are organizations authorized to do business in Texas that keep staff at a Texas street address during business hours. They usually scan and email every document the same day, track filing deadlines and send reminders. When a service company moves offices, it can update every client at once on Form 408, which costs $15 for one entity and a per-entity fee capped at $750 for many LLCs or corporations. Your record changes without you filing anything.

Acting for yourself costs nothing beyond your time, but it has practical limits. You have to be at the registered office during normal business hours, which is hard for a contractor who spends the day on job sites or anyone who travels. A process server who calls three times and finds no one can ask the court for substitute service, or serve the Secretary of State, and you may not learn about the lawsuit until the answer deadline has passed. Answer deadlines in Texas courts are measured in weeks, not months, so a week of missed mail matters.

What a registered agent service costs (estimate)

There is no state-set price for a professional agent. As an estimate based on national providers' published 2026 list prices, a single Texas entity costs roughly $125 to $249 a year; some advertise a lower first year and then renew at the full price. Local law firms and CPA practices often charge in the same range or bundle the service into an annual retainer. These figures are market estimates, not government fees.

Add the one-time $15 Form 401 fee if you are switching from an existing agent rather than naming one at formation. Use the startup cost calculator to fold the yearly fee into your budget.

Privacy: what Texas makes public

Your registered agent's name and the registered office address are public records. Anyone can search them on the Secretary of State's system, and commercial databases copy them widely. If you name yourself and use your home, that home address becomes the official place to serve your business, and solicitors, unhappy customers and process servers will arrive there.

A service company replaces your address with theirs on that part of the record. It does not make you anonymous. The certificate of formation for a Texas LLC lists its governing authority, which means its managers or members, and the franchise tax Public Information Report filed with the Comptroller each year lists officers, directors and managers. A commercial agent keeps your home address off the registered agent line; it does not hide who owns or runs the company.

Worked example: a photographer in San Antonio forms "Lone Oak Studio LLC" and names herself as agent at her home. Within weeks she receives mailed offers for "certificate" services, and when a client dispute arises a process server knocks on her front door on a Saturday. Switching to a service company costs her the $15 Form 401 fee plus the provider's annual fee, and her home address no longer appears as the registered office going forward. Earlier filings that showed her address stay in the historical record.

How to change your registered agent in Texas (Form 401)

Use Form 401, Statement of Change of Registered Office/Agent, when the only change you are making is to the agent, the registered office or both. Changes can also be made inside a certificate of amendment, a restated certificate or a merger plan, but Form 401 is the quick route. On September 29, 2026, the Secretary of State replaced SOSDirect and SOSUpload with a new system, SOSPortal, so online filings now go there.

Change your Texas registered agent

1. 1

   Line up the new agent and get consent

   Confirm the new agent is a Texas resident or an organization authorized in Texas, with a staffed street address. Get a signed consent; Form 401-A works.

2. 2

   Collect your entity details

   You need the entity's exact legal name, the current agent and current registered office as shown in state records, and ideally your Secretary of State file number.

3. 3

   Complete Form 401 or the SOSPortal screens

   Choose whether the new agent is an organization or an individual, enter the new registered office address and confirm that the change is authorized by the entity. No notarization is needed.

   Form 401 instructions
4. 4

   Pick the effective date

   The change takes effect on filing, or you can delay it up to 90 days after signing — useful when an old service contract ends on a set date.

5. 5

   Pay $15 and file

   File in SOSPortal by ACH or card (card adds $0.25 plus 2.25% of the total), or mail it with a check to P.O. Box 13697, Austin, TX 78711-3697. Evidence of filing is emailed for online filings.

   Tip: Do not include the instruction pages or personal identifying information — that can get the filing rejected.

6. 6

   Tell the old agent and update your records

   Cancel the old service so you are not billed again, and update your bank, licensing and tax contacts if they rely on the agent's address.

A franchise tax report or Public Information Report filed with the Comptroller does not change your registered agent. The Secretary of State's own instructions note that tax filings cannot be used to update agent or office information; only a filing with the Secretary of State does.

When your agent resigns, moves or refuses

A registered agent can quit. Under the procedure the Secretary of State describes, the agent gives notice to your company and to the Secretary of State on Form 402, at no fee. The notice to the state must be given before the 11th day after notice to the business, and the appointment of both the agent and the registered office then ends on the 31st day after the Secretary of State receives it. That gives you about a month to name a replacement on Form 401.

If the agent simply moves within Texas, either the agent files Form 408 for all its clients or your business files Form 401 itself. Only one of you needs to file. If an agent was named without consent, the Form 428 rejection ends the appointment immediately on filing, with no notice period.

What happens when a Texas registered agent resigns

Day 0

Agent sends written notice of resignation to your business

Within 10 days

Agent files Form 402 with the Secretary of State (no fee)

Days 1–30 after state receives notice

Your window to file Form 401 naming a new agent

Day 31

Old agent and registered office appointment terminates

Afterwards

No agent on file — risk of service through the Secretary of State and involuntary termination

What happens if you have no registered agent

When your agent cannot be found at the registered office with reasonable diligence, BOC §5.251 lets a plaintiff serve your company through the Secretary of State. The plaintiff pays $55 — $40 to record and forward the papers per party and $15 for a certificate of service — and the Secretary of State mails them to the address it has for you. If that address is stale, you may never see them, and the court can enter a default judgment that leads to bank levies.

The state can also act. Failing to appoint or maintain a registered agent and office can lead to involuntary termination of a Texas entity or revocation of a foreign entity's registration to do business in Texas. A terminated company loses its good standing, which banks, landlords and other states check through a certificate of good standing. Bringing it back means curing the problem and filing for reinstatement, which costs $75 on Form 801 for a for-profit entity, plus any franchise tax that caused a forfeiture.

Foreign LLCs and corporations registering in Texas

A company formed in another state that registers to do business in Texas must also name a Texas registered agent on its registration, and keep one for as long as it is registered. Most out-of-state owners use a service company because they have no Texas resident to name. The same Form 401 change process applies. If you are still deciding where to form, our guide on how to start an LLC compares Texas's $300 formation fee with other states.

Common mistakes and how to fix them

The most common mistake is naming yourself at a home address and then moving without telling the state. File Form 401 with the new address as soon as you move. The second is naming a person who never agreed, often a relative, who later rejects the appointment or ignores papers. Get written consent first.

Third, assuming a mailbox store qualifies. If your registered office is a box number, change it now, because the address does not meet BOC §5.201 and service will likely fall back to the Secretary of State. Fourth, letting a paid service lapse when you stop paying its invoice. A provider that is not paid can resign on Form 402, and the 31-day clock can start without you noticing.

Last, ignoring the mail. A registered agent forwards documents but does not answer lawsuits for you. Set up an email address you check daily for agent notices, and call a lawyer the day a citation arrives.

Official Texas Secretary of State links

• Registered agents FAQsWho can serve, consent, duties
• Form 401 — change of registered agent/office$15 filing fee
• Form 402 — resignation of registered agent
• Form 408 — change by registered agent
• Form 428 — rejection of appointment
• Service of process on the Secretary of State
• SOSPortal launch noticeReplaced SOSDirect on September 29, 2026

What to do next

Decide who will act as your agent, get their consent in writing and file Form 401 if you are changing. If you are forming a new company, name the agent on your certificate of formation and then get your free EIN. Before you name the business, run it through the LLC name checker.

This is general information, not legal or tax advice — confirm on the official source or with a professional.

Frequently asked questions

Can I be my own registered agent in Texas?

Yes, if you are a Texas resident and have a street address in Texas where you can be personally served during normal business hours. An owner, officer or employee can serve as the agent, but the company itself cannot. Your name and that address go on the public record, so many owners who work from home use a service company instead.

How much does it cost to change a registered agent in Texas?

The Secretary of State charges $15 to file Form 401, the Statement of Change of Registered Office/Agent. You can file online through SOSPortal or by mail. Paying by card adds a convenience fee of $0.25 plus 2.25% of the total. A professional agent's own annual fee is separate and set by the provider.

Does a Texas registered agent have to consent?

Yes. Since January 1, 2010, anyone named as a registered agent must have agreed in writing or electronically. You do not have to file the consent, but keep it with your company records. Naming someone without consent is a false statement under the Business Organizations Code, and the person can reject the appointment for free with Form 428.

Can a registered agent use a PO box in Texas?

No. The registered office must be a Texas street address where legal papers can be handed to the agent in person during business hours. It cannot be only a mailbox service or a telephone answering service. A PO box can still be your mailing address for other purposes.

What happens if my Texas LLC has no registered agent?

A plaintiff who cannot find your agent can serve the lawsuit through the Secretary of State, which costs them $55 and forwards the papers to your last address on file. If you never see them, a default judgment can follow. The state can also involuntarily terminate a Texas entity, or revoke a foreign entity's registration, for failing to keep an agent.

How much does a registered agent service cost in Texas?

There is no state-set price. As an estimate, national providers' published list prices in 2026 run roughly $125 to $249 a year for a single Texas entity, and some local law and accounting firms charge less for existing clients. Compare what is included, such as mail scanning, compliance reminders and same-day notice of lawsuits.

Sources & verification

Figures on this page were checked against the sources below when it was last reviewed on 7 October 2026. Each rate and limit is stored once with its own official source and review date, and official update channels are monitored daily so changes are picked up. How we verify

1. 1.Registered Agents FAQs — Texas Secretary of State · accessed 7 October 2026
2. 2.Form 401 — Instructions for Change of Registered Agent/Office — Texas Secretary of State · accessed 7 October 2026
3. 3.Form 402 — Resignation of Registered Agent (instructions) — Texas Secretary of State · accessed 7 October 2026
4. 4.Form 408 — Change by Registered Agent (instructions) — Texas Secretary of State · accessed 7 October 2026
5. 5.Form 428 — Rejection of Appointment (instructions) — Texas Secretary of State · accessed 7 October 2026
6. 6.Service of process — Texas Secretary of State · accessed 7 October 2026
7. 7.Form 801 — Application for Reinstatement (instructions) — Texas Secretary of State · accessed 7 October 2026
8. 8.Secretary of State launches SOSPortal (news release, September 23, 2026) — Texas Secretary of State · accessed 7 October 2026
9. 9.Texas Business Organizations Code §5.201 — Texas Public Law (statute text) · accessed 7 October 2026
10. 10.Best Registered Agent Services in 2026 — Rho · accessed 7 October 2026