Every Texas LLC must maintain a registered agent with a physical Texas street address at all times — from the day you form your LLC until the day you dissolve it. There are no exceptions. Fail to maintain one and you risk missing lawsuit notices, losing good standing, and facing default judgments.
Quick reference
| Detail | Info |
|---|---|
| What | Registered agent — person or entity to receive legal/official notices |
| Who must have one | All Texas LLCs, corporations, LPs, LLPs |
| Address requirement | Physical Texas street address (no P.O. boxes) |
| Availability | Must be available during regular business hours |
| Cost | $0 if you serve yourself; $50–$300/year for a registered agent service |
| Change form | Form 401 (Statement of Change) — $15 fee |
| Agency | Texas Secretary of State |
Step 1 — Understand what a registered agent does
A registered agent is the official point of contact for your LLC. Their job is to receive:
- Service of process — lawsuit papers, subpoenas, and court orders
- Official state correspondence — tax notices, forfeiture warnings, annual filing reminders
- Other legal documents from government agencies
The Secretary of State needs a reliable way to reach your LLC. If you get sued and your registered agent isn't available to receive the paperwork, the court can enter a default judgment against you — even if you never knew about the lawsuit.
Step 2 — Understand who qualifies
To serve as a registered agent for a Texas LLC, a person or entity must:
- Have a physical Texas street address — P.O. boxes, UPS Store mailboxes, and virtual office addresses that are not actually staffed are not sufficient
- Be available during regular business hours (typically 8am–5pm Monday–Friday) to receive documents in person
- Consent to serve as the registered agent (your LLC's paperwork must list their name and address)
Who can be registered agent:
- You personally (if you have a physical Texas address and are available during business hours)
- Another individual with a Texas address
- A Texas-registered entity authorized to do business in Texas
- A professional registered agent service
Step 3 — Decide who will serve as your registered agent
Option A: Serve as your own registered agent
If you have a physical Texas street address where you are regularly available during business hours, you can serve as your own registered agent at no cost. Your home address works — but note that your registered agent address is public record in the SOS database.
See our guide: Can I be my own registered agent in Texas?
Option B: Use a registered agent service
Professional registered agent services typically charge $50–$150/year. They receive documents at their Texas address and forward them to you — usually by email within hours. Advantages: your home address stays private, and you're covered even when you travel or move.
Common mistake: Naming a registered agent who moves out of Texas or becomes unavailable. You must update Form 401 with the SOS immediately when this happens — delays can mean missed legal notices.
Step 4 — Maintain the requirement continuously
The registered agent requirement is ongoing. You must maintain a valid registered agent:
- From the date your LLC is formed
- Through any period of inactivity
- Until the LLC is formally dissolved
If your registered agent resigns (a registered agent service can resign with 10 days' notice to the entity), you must immediately appoint a new one and file Form 401. During the gap, the SOS may accept service on your behalf — but you'll have no guarantee of timely notice.
Step 5 — Update the SOS when information changes
When your registered agent's name, address, or availability changes:
- File Form 401 (Statement of Change of Registered Agent/Office) with the Texas Secretary of State
- Pay the $15 filing fee
- File online via SOSDirect (processed in 1–2 business days) or by mail (slower)
You do not need to wait for the SOS to confirm before the change is effective — it takes effect when the document is filed.
FAQ
What happens if my Texas LLC doesn't have a registered agent?
The Secretary of State may forfeit your LLC's right to transact business in Texas. You also risk missing lawsuit papers, which can result in a default judgment entered against your LLC — meaning the other side wins automatically without your participation.
Does a Texas registered agent need a physical address?
Yes. The Texas Business Organizations Code requires a physical Texas street address. A P.O. box does not qualify. Virtual office addresses are only acceptable if they are actually staffed during business hours and capable of accepting in-person service of process.
Can an out-of-state person be a registered agent for a Texas LLC?
No. The registered agent must have a physical Texas address. An out-of-state person or entity cannot serve as the registered agent for a Texas LLC.
Can a Texas LLC be its own registered agent?
No. The registered agent must be a separate person or entity from the LLC itself. An LLC cannot list itself as its own registered agent.
What is Form 401 and when do I need to file it?
Form 401 (Statement of Change of Registered Agent/Registered Office) is used to update your registered agent's name or address with the Texas Secretary of State. File it whenever your registered agent changes, moves, or resigns. The fee is $15 and it can be filed online at SOSDirect.
Not sure what else your Texas LLC owes?
Most business owners are surprised by how many filing obligations they have. Ortholo's free compliance checker shows you everything you owe, when it's due, and what happens if you miss it — personalized to your entity.
Last verified: 2026-06-08
Sources: Texas Secretary of State — Registered Agent, Texas Business Organizations Code § 5.201
Related guides: Change registered agent in Texas · Can I be my own registered agent in Texas?