You must elect a registered agent to start an LLC or corporation in Texas. And per the law, you must have a registered agent on record for your business to remain compliant. So, even if you want to change your registered agent, there is a due process to follow to avoid getting into legal trouble.
Why Change Your Registered Agent?
There are many reasons to change a registered agent, including the following:
- When you want to expand to another state and your registered agent does not cover the other location,
- When you are unhappy with the current services and need a change, and
- When you need a professional to take the role.
The state allows changes as long as you have an agent on record.
How to Change Your Texas Registered Agent
Below are the options when changing your agent.
OPTION 1: FORM 401
This option is your best bet if you want a cheap way to change your agent details. Proceed as follows:
a. Complete Form 401-A
Form 401-A refers to the acceptance of appointment and consent to serve by a registered agent. You may already know the consent process, as you must file it when electing any agent to represent your business. It shows that the agent is aware and willing to take up the intermediary role. Ensure you keep a copy of the form with your business records for reference.
b. File Form 401
The next step is to file form 401 with the Secretary of State, informing them of the change of agent. Failure to do this will lead to the state having outdated records and sending correspondence to the wrong address. And you can suffer greatly owing to this. So, ensure you inform the state about the change in any of the following ways:
- Use the state’s direct online system to fill in and file the form. You will also make the payment when online before submitting the order,
- Download the form, fill it out, and send it to the state via mail to the following address:
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
- Download form 401, complete it, and present it to the state in person at the following location:
James Earl Rudder Office Building
1019 Brazos St.
Austin, TX 78701
- Download the form, complete it, and fax it to (512) 463-5709 with a credit payment form.
Please note that all these options will incur a $15 fee, payable by credit card, check, or money order.
OPTION 2: CERTIFICATE OF AMENDMENT
Filing form 401 with the Secretary of State will set you back $15. However, it only accounts for registered agent changes and does not cover other amendments. So, this option will work if you have other things you want to change and cannot wait until you submit an annual report.
- Complete form 401-A, indicating that the new agent has agreed to serve as your registered agent,
- Complete a Texas certificate of amendment and file it with the state. It allows you to change more than just the agent.
The downside to this approach is the cost, as you will incur $150 instead of the $15 applicable to the first option.
Switch Your Agent for Free via Passportology
Passportology is a professional registered agent operating in Texas. Not only do we receive and keep track of all your official correspondence, but we also offer a complimentary switch to our services. That’s right! If you want to sign up for our registered agent services, you can do so for free under any of our plans!