What :
A registered agent is an individual or organization that has been appointed by an entity to accept service of process on behalf of a business. When properly filed, the registered agent is designated to receive notices of process, along with communications from the secretary of state, comptroller and other official government agencies.
Why :
The Texas Business Organizations Code (§5.201) confirms that every business entity created by a certificate of formation with the secretary of state, and every foreign entity (located in a different state) that chooses to conduct business in Texas must designate a registered agent who is a resident of Texas and maintain a business office at the same address as the filing entity’s registered office. Notifying the State of a change of registered agent/address will help a business to remain compliant with state laws and other regulations regarding registered agents.
An example of the importance of maintaining current registered agent and office information is demonstrated in the case of Interaction, Inc./State et. al.
A convenience store was served with a lawsuit by the State’s office. When the convenience store failed to answer, the State obtained default judgment. The owners of the convenience store claimed the State never notified them of the lawsuit, however, because the convenience store failed to file a change of registered agent/address with the Secretary of State’s office, the notification had been sent to the last known agent. To prevent misinformation and other consequences, it is extremely important, and required, that an entity notify the State of a change of registered agent/address.
How :
In regards to handling business matters, it is important to keep your business information updated with the Secretary of State. Changing a registered agent or address is simple. Changes should be made if a current registered agent no longer wishes to fulfill its designated duties, or with a change of address.
If you are the current registered agent for a business entity and wish to file a change of address only, complete Form 408. If you wish to file a change of address on behalf of a registered agent or entity, or to file a change of registered agent, complete Form 401.
To learn how to change a registered agent and/or registered office with the Texas Secretary of State, please access the follow links :
Contact one of our Fort Worth Business Attorneys to assist you with your business legal needs. You can reach us at (817) 808-1718 or by email at contactus@mastellerlaw.com. Feel free to utilize our Contact Form to send us a message through our website as well.
