The role of a registered agent is crucial for every LLC (limited liability company) in Texas. A registered agent is an individual or entity designated to receive important legal and tax documents on behalf of the LLC. This includes vital communication from governmental agencies, such as the Secretary of State's office.
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There are various reasons why you might need to change your Texas LLC's registered agent. It could be due to a desire for a new registered agent, a change in address or contact information, or it could be that your current registered agent is no longer willing or able to fulfill the responsibilities. Regardless of the reason, this article will walk you through the step-by-step process of changing the registered agent for your Texas LLC.
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Steps to Change the Registered Agent in Texas LLC
Step 1: Review your LLC Formation Documents
Review your LLC's formation documents, typically called the "Certificate of Formation" filed with the Texas Secretary of State. Locate the section that identifies and provides the name and address of your current registered agent.
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Step 2: Choose a New Registered Agent
Select a new registered agent for your Texas LLC. The registered agent must fulfill specific requirements outlined by the state. They need to have a physical street address in Texas (PO boxes are not allowed) where they can receive legal and tax documents during normal business hours. Furthermore, the agent must be a resident of Texas or a Texas-based business entity authorized to do business in the state.
Step 3: Inform the Current Registered Agent
Notify your current registered agent that you intend to change their designation. Maintain open communication to ensure a smooth and timely transition. You may need to provide the current registered agent with written notice, even if it is not a legal requirement. Discontinue their role only after the new registered agent is officially appointed.
Step 4: Obtain Consent from the New Registered Agent
Once you have chosen a new registered agent, obtain their consent to serve as the registered agent for your Texas LLC. This consent can be obtained informally, but it is advisable to have this confirmation in writing to avoid any misunderstandings. Ensure the agent is fully aware of their obligations and responsibilities.
Step 5: Complete and File Form 401 - Change of Registered Agent
The next step involves completing and filing Form 401 - "Change of Registered Agent" with the Texas Secretary of State. This form can be completed online via the Secretary of State's website or can be downloaded as a PDF and submitted by mail. Follow the instructions provided on the website or within the form itself for accurate completion.
- Online Method: Visit the Texas Secretary of State website and navigate to the 'Form a business or file documents section.' Locate and complete Form 401, ensuring all required fields are accurately filled.
- Mailing Method: Download Form 401 from the Texas Secretary of State website and print a physical copy. Fill in the necessary information as per the instructions mentioned on the form. Mail the completed form along with the filing fee (if applicable) to the postal address provided on the Secretary of State's website.
Step 6: Pay the Filing Fee if Applicable
While certain filings with the Texas Secretary of State do not require a filing fee, changing the registered agent for your LLC does require a fee. The current fee (as of January 2022) is $15 if filed online and $15 by mail, payable via check or money order. Double-check the Secretary of State's website to verify the current fee amount and acceptable payment methods.
Step 7: Monitor Your Entity Status
After submitting Form 401 and paying the required fee, monitor the status of your entity on the Texas Secretary of State's website. It may take a few business days or weeks for the state to process your request. Ensure that the change of registered agent has been recorded and updated in the state's database.
You have successfully changed the registered agent for your Texas LLC!
Conclusion
Changing the registered agent for your Texas LLC involves a straightforward process that requires careful attention to detail. It is crucial to choose a new registered agent who meets all the legal requirements set forth by the state. Follow the steps outlined in this article to ensure a smooth transition and avoid any potential complications or disruptions in receiving important legal and tax documents. Remember to maintain open communication with both the current and new registered agents throughout the process to facilitate a seamless changeover.
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