Registered Agent
The person or organization designated by a Texas filing entity to receive service of process and other official communications on the entity's behalf. Every Texas filing entity must designate and continuously maintain a registered agent and registered office.
A registered agent is the person or organization designated by a Texas filing entity to receive service of process and other official communications on the entity's behalf. Every Texas corporation, LLC, and other filing entity must designate and continuously maintain a registered agent and a registered office in Texas.
Requirements
Under § 5.201, every domestic and foreign filing entity must designate and continuously maintain (1) a registered agent, either an individual Texas resident or an organization authorized to transact business in Texas, and (2) a registered office at a Texas street address where service of process may be personally served during normal business hours. The registered office may not be solely a mailbox service or telephone answering service.
Consent requirement
Effective January 1, 2010, § 5.2011 requires that the registered agent must have consented in writing or by electronic record to serve in that capacity. The consent need not be filed but must be retained by the entity.
Substitute service
When a registered agent or office cannot be found through reasonable diligence, § 5.251 authorizes service of process on the Texas Secretary of State as substitute agent. The Secretary forwards process to the entity by certified mail under § 5.253.
Many Texas entities use commercial registered-agent services (CT Corporation, Cogency Global, Northwest Registered Agent) rather than designating an officer or attorney. Failure to maintain a registered agent does not affect the validity of the entity's acts but exposes the entity to substitute service through the Secretary of State and to forfeiture for failure to maintain a registered agent under TBOC § 11.251(a)(3).