State of Texas Registered Agent Requirements

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Subchapter E of chapter 5 of the BOC contains provisions relating to service of process, including provisions relating to registered agents and the registered office.
a.
The registered agent must be an individual resident of Texas or a domestic or foreign entity that is registered to do business in Texas. The Secretary of State cannot be designated as the entity’s registered agent. In addition, the entity cannot act as its own registered agent.
2.
Effective January 1, 2010, an organizer or an officer or director of a nonprofit corporation who executes an instrument that appoints or designates a person as the registered agent of the corporation is affirming that the person designated has consented (in a written or electronic form) to serve as registered agent. The consent of the registered agent should be maintained with the books and records of the corporation.
3.
The consent of the person designated as the registered agent is not required to be filed with the certificate of formation, periodic report, or other instrument that appoints the person as the entity’s registered agent. However, a filing that includes the written consent of a person designated as the registered agent will be retained in the records of the Secretary of State as part of the document.
4.
A person who has been named as the registered agent of an entity without the person’s consent is not required to perform the duties of a registered agent. (Sec. 5.206 BOC) In addition, a person who has been designated as a registered agent without the person’s consent may file a rejection of the appointment with the Secretary of State. On filing, the rejection of appointment will terminate the appointment of the registered agent and registered office. Failure to appoint or maintain a registered agent and registered office may result in the involuntary termination of a domestic filing entity or the revocation of a foreign filing entity’s registration to transact business in Texas.
5.
A person may resign as the registered agent of an entity by providing notice to the entity and by filing a statement of resignation with the Secretary of State. The statement of resignation to the Secretary of State must be given before the 11th day after the date notice is given to the entity. On compliance with the notice and filing requirements, the appointment of the registered agent and registered office terminate. However, this termination is not effective until the 31st day after the date the Secretary of State receives the resignation statement. (Sec. 5.204(d) BOC)
6.
Section 5.203 of the BOC allows a registered agent to change its name or its address by filing a statement of the change with the Secretary of State. A registered agent may file a statement under this section that applies to more than one entity and that includes multiple types of entities. However, please note that there are individual fees as well as maximum fees for each different type of entity. Therefore, the statement must group the entities by type to properly calculate the fees applicable to each type of entity (SOS form 408).