How Do I Change My Registered Agent in Texas?
To change your registered agent in Texas, a Statement of Change of Registered Office/Agent, known as Form 401, has to be filed with the Texas Secretary of State. It's the only filing required, and the change takes effect once the state files it.
The same form also updates your registered office address, so if your agent and your address are both changing, one filing handles both. You don't need a certificate of amendment, and nothing about your business's ownership or formation documents changes.
Two things need to be true before the filing can go through. Your new agent has to have agreed to serve, and your business has to be active with the state. If your business has been forfeited, the Secretary of State will not process the change until the business is reinstated, which is why checking your status comes first.
Not sure your business can file a registered agent change right now? Find out first. Our free status check confirms your business is active before you order anything. If it's forfeited, you'll know right away.
What information is needed to change a registered agent in Texas?
The filing has to identify your business and the change being made. It includes your entity's legal name, the name of your current registered agent, and your current registered office address. Your Secretary of State file number is also recommended.
Then come the new details: the new agent's name, and the new registered office street address if it's changing. Finally, the filing is signed by someone with authority to act for the business, generally a governing person or managerial official.
Who can be a registered agent in Texas?
Generally, an individual Texas resident, or an organization registered or authorized to do business in Texas with a business office at the registered office address, can consent to serve.
That includes people inside your business. An officer, owner, or employee may serve as the registered agent, but the business itself cannot serve as its own registered agent. Businesses can also hire a registered agent service company.
If you're serving as your own agent, your registered office address is part of your business's public record. That's the most common reason owners switch to a commercial agent.
Does my new registered agent have to consent in writing?
Yes. Since January 1, 2010, anyone named as a registered agent must have consented in written or electronic form. The consent isn't filed with the state. It should be sent to, and kept by, your business.
This matters more than it sounds. When a managerial official names someone as the registered agent, that designation counts as the official's affirmation that the person has consented to serve. Naming someone who hasn't agreed is treated as a false statement in a state filing.
Have your new agent's consent? We handle the rest. We confirm your status, prepare and file Form 401 with the Texas Secretary of State within one business day, and send you the filed copy.
What gets a Texas registered agent change rejected?
Most rejected filings come down to a few problems:
Problem | Why it fails | The fix |
The business is forfeited or terminated | The state won't process the change until the business is reinstated | Reinstate the business first, then file |
The registered office is a P.O. Box, mailbox service, or answering service | The registered office must be a street address where the agent can be personally served during normal business hours | Use a physical Texas street address |
The business is named as its own agent | The filing entity cannot act as its own registered agent | Name an owner, officer, employee, or agent service |
The first row is the one that catches people off guard. Many owners don't know their business has been forfeited until a filing is rejected, and a lapsed registered agent is often a sign that other compliance items slipped too.
Do I need a certificate of amendment to change my registered agent?
No. The state directs businesses to use Form 401 when the only changes to their certificate of formation or registration are to the registered office, the registered agent, or both. A certificate of amendment is a larger, more expensive filing that only makes sense if you're also changing something else, like your business name.
Can someone change my registered agent for me in Texas?
Yes. Aureus checks your business's status before you pay anything, prepares and files Form 401 with the Texas Secretary of State within one business day, and sends you the filed copy.
If the status check shows your business is forfeited, you'll know immediately, at no charge, and we'll show you what reinstatement involves so the agent change can follow.
Get your registered agent changed the first time. Status confirmed before you pay, Form 401 filed within one business day, and the filed copy delivered to your inbox.
Frequently Asked Questions
Does my new registered agent have to be located in Texas?
Yes. The agent must be either an individual who lives in Texas or a business that is registered to do business in Texas. The registered office also has to be a physical Texas street address.
How long does it take for a registered agent change to go through in Texas?
The change takes effect as soon as the Secretary of State files it. Aureus files within one business day of a complete order. The state's processing time after that is outside anyone's control, but most changes don't sit long.
Can I change my registered office address without changing my agent?
Yes. Form 401 covers the agent, the address, or both. The new address still has to be a physical Texas street address where your agent can be served during business hours.
My registered agent moved. Who files the address change?
Either of you, but only one filing is needed. A registered agent can report a new address using Form 408, which can update several businesses at once. The business can also report it using Form 401, and if the business files, the agent does not need to.
What happens if I name someone as registered agent without their consent?
The false-statement penalties in sections 4.007 and 4.008 of the Business Organizations Code apply, and the person you named isn't obligated to act as your agent and can reject the appointment. A rejection terminates the appointment of both the registered agent and the registered office, which leaves your business without an agent on record.
