Texas Resident Agent Service

Why Texas requires a resident agent

BOC ch. 5 sets one rule for every filing entity and foreign filing entity: your resident agent can be a Texas resident or an organization registered or authorized to do business in Texas, never the entity itself, and the agent must have consented on the SOS's written or electronic form and have its business office at the registered office address. That address has to be a street address at which process can be served in person, and a mailbox or telephone answering service alone will not do. An organization acting as agent must have an employee there in normal business hours (§ 5.201(d)). Tex. Bus. Orgs. Code § 5.201(b)-(c)

What happens if you lapse

• If a domestic filing entity fails to keep a resident agent or registered office and has not cured within 90 days after the SOS mails notice, the SOS may involuntarily terminate its existence. Tex. Bus. Orgs. Code § 11.251(b)(1)(B)
• A foreign filing entity that lets its Texas resident agent or registered office lapse, and has not cured 90 days after notice is mailed, may have its registration revoked by the SOS. Tex. Bus. Orgs. Code § 9.101(b)(1)(B)
• Reinstating after involuntary termination or revocation costs $75 for for-profit corporations, and LLCs pay the same through § 4.154, with a comptroller tax-clearance letter required for taxable entities (§ 11.253(c)(2)); if you reinstate before the third anniversary, existence is treated as continuous (§ 11.253(d)). Tex. Bus. Orgs. Code § 4.152(14)
• A foreign filing entity doing business in Texas unregistered, for example after revocation, cannot bring or continue a suit, action, or proceeding before a Texas court on a claim arising from that business until it registers. Tex. Bus. Orgs. Code § 9.051(b)
• An unregistered foreign filing entity doing business in Texas owes the state a civil penalty equal to all the fees and taxes it would have paid if registered, plus penalties and interest, and the attorney general may sue to collect. Tex. Bus. Orgs. Code § 9.052(a)
• A foreign entity that did business for more than 90 days without registering pays a late filing fee equal to the registration fee multiplied by the number of calendar years, full or partial, in which it did business unregistered. Tex. Bus. Orgs. Code § 9.054
• Naming someone as resident agent without consent is a false filing that can bring civil liability for damages, plus court costs and attorney's fees (§ 4.007), and it is also a crime: a Class A misdemeanor, or a state jail felony with intent to defraud or harm (§ 4.008); the person named may file a statement of rejection at no fee (§ 5.205). Tex. Bus. Orgs. Code §§ 5.207, 4.008(b)

Switching to us

We prepare and file the change of resident agent for you. Texas charges $15 for an LLC Tex. Bus. Orgs. Code 4.154 and $15 for a corporation Tex. Bus. Orgs. Code 4.152(6).

Official Texas links

• Texas Secretary of State - (512) 463-5555
• Business entity search
• Statutes
• Forms

Frequently asked

Do I need a resident agent in Texas?

Almost every state does, and the Texas rule is set out above with its citation. Where the law leaves a choice, a resident agent is still the practical way to make sure service of process reaches you.

How much does Texas resident agent service cost?

$129 a year, with no setup fee, the same price in all 50 states plus DC, Puerto Rico and the U.S. Virgin Islands. Service of process is received and scanned the same business day.

Can I switch my Texas resident agent to ResidentAgents.com?

Yes. Order online and we prepare the change of agent filing for you; the state's filing fee is shown on this page.