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Change of Agent · How to move your Texas LLC's registered agent to us without a lapse in coverage.

How to Change the Registered Agent for a Texas LLC

Switching your Texas LLC's registered agent is a straightforward filing with the Secretary of State — but the timing and the details matter, because until the change is on record the old agent is still the one legally receiving your lawsuits. Here's the full process, the common reasons owners switch, and the mistakes that cause delays.

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State facts

Texas LLC

State filing fee$308.10
Annual report fee$0.00
Annual report dueMay 15
Std. processing13-15 business days

When and Why LLCs Change Their Registered Agent

Changing your registered agent is routine. It doesn't reflect a problem with the company and it doesn't disrupt operations — it's a records update with the Secretary of State. The reasons owners make the change tend to fall into a few buckets.

Common triggers

  • You started as your own agent and want out. Plenty of owners list themselves at formation, then realize their home address is now public and searchable, or that being tied to an address during business hours doesn't fit how they work. Switching to a commercial agent fixes both.
  • Your current agent moved or resigned. People relocate. A friend or employee who agreed to serve leaves the company. A commercial agent can also resign. Any of these forces a change.
  • You're consolidating. If you run several entities, moving them all to one registered agent makes deadlines and mail easier to track.
  • You're unhappy with the service. Missed forwarded mail, a lapsed reminder, poor responsiveness — these are good reasons to move to a provider you trust.

Whatever the reason, the mechanism is the same: a filing that updates the registered agent, the registered office, or both, on the state's record.

The Filing That Makes the Change

To change your agent in Texas, you file a statement of change of registered agent and/or registered office with the Secretary of State. This is a distinct filing from amending your Certificate of Formation — you're not changing the company's charter, just updating who receives service and where.

What the change filing covers

A single filing can update:

  • The registered agent (a new person or a new commercial service), or
  • The registered office (a new Texas street address for the same agent), or
  • Both at once.

You file it through SOSDirect online, by mail, or via the SOSUpload portal. There's a modest state fee, listed on the SOS fee schedule. If you're switching to a commercial registered agent, they typically prepare and submit this filing as part of onboarding you, so you may not have to touch it yourself.

New agent consent

Just like at formation, the incoming agent has to consent to serving. Texas documents that on Form 401-A. You keep the consent with your records; you don't file the consent form itself with the change, but the new agent must have agreed to the role.

Step-by-Step: Making the Change Cleanly

Step 1: Line up the new agent first

Have the replacement agent confirmed and consenting before you file anything. If you're hiring a commercial service, sign up with them first and get their registered-office address. You never want a gap where no valid agent is on file.

Step 2: Gather your entity details

You'll need the LLC's exact legal name as it appears with the SOS and the entity's file number. Pull these from your Certificate of Formation or a quick SOSDirect lookup so the filing matches the record precisely.

Step 3: Complete and submit the statement of change

Enter the new agent's name and Texas registered-office street address (no P.O. box) and submit through SOSDirect or by mail. Double-check the spelling and the address — a typo here is exactly the kind of thing that causes a rejection or, worse, misdirected service later.

Step 4: Confirm it processed

Watch for the SOS acknowledgment and verify the update appears on the record. Until the change is processed, the state still treats the old agent and address as current. If you also terminated the old commercial service, don't let that lapse before the new one is officially on file.

Step 5: Update your internal records

Note the change in your company book and, if the new agent's address is your registered office of record, make sure any place you've published that address is consistent.

Timing, Fees, and What Trips People Up

Don't leave a gap

The single most important timing rule: never let your old agent lapse before the new one is officially on file. If you cancel a commercial service or your individual agent walks before the change is processed, there's a window where your LLC has no valid agent — and that's exactly when a lawsuit or state notice could arrive with nowhere reliable to land.

Processing time

A statement of change processes on the SOS's normal schedule. Online filings through SOSDirect generally move faster than mailed ones. If you're changing agents because you're facing a known deadline, file early and consider expedited handling.

Common mistakes

  • Listing a P.O. box as the new registered office — it will be rejected. The address must be a physical Texas street address.
  • Naming an agent who hasn't consented. The incoming agent must agree to serve; skipping the consent step is a compliance defect.
  • Mismatched entity name or file number. If what you enter doesn't match the SOS record exactly, the filing can bounce.
  • Assuming the change is instant. It isn't official until processed. Plan around the lag, especially around your May 15 franchise deadline.

If your agent resigned on you

When an agent resigns, the SOS notifies the LLC, and you then have a limited window to name a replacement. Treat that notice as urgent — appoint a new agent and file the change promptly so you don't slide out of good standing.

Letting Mainstay Filing Handle the Switch

If you're moving your registered agent service to us, we handle the change end to end. We provide a compliant Texas registered office, prepare the statement of change of registered agent, and file it with the Secretary of State on your behalf — you just confirm your entity details and approve. Once it's on record, your new registered office is our professional address, keeping your home or business address off the public record.

From there, anything served on your LLC comes to us: lawsuits, state notices, Comptroller correspondence. We log it and forward it to you promptly, and we keep the franchise deadline on your radar so the annual Public Information Report doesn't slip. We're a filing and agent service, not a law firm — we make the switch clean and keep your registered office valid, but we don't advise on the legal substance of what gets served.

Frequently asked questions

How do I change my registered agent for a Texas LLC?

File a statement of change of registered agent and/or registered office with the Texas Secretary of State, through SOSDirect, by mail, or via SOSUpload. It's a separate filing from amending your Certificate of Formation. The new agent must consent to serving (documented on Form 401-A). If you're switching to a commercial service, they usually prepare and file the change for you.

Is there a fee to change my registered agent in Texas?

Yes, there's a modest state fee for the statement of change, listed on the SOS fee schedule. If you're moving to a commercial registered agent, the filing is often included as part of their onboarding, so check what your provider covers before filing separately.

How long does a registered agent change take to process in Texas?

It processes on the Secretary of State's normal timeline, with online SOSDirect filings generally faster than mailed ones. Until the change is processed, the state and the courts treat your old agent and address as current, so file early and don't cancel your old agent before the new one is officially on record.

Can I change my registered agent and my registered office address at the same time?

Yes. A single statement of change can update the registered agent, the registered office address, or both. If you're switching to a new commercial agent, their address becomes your new registered office, and one filing handles the whole update.

What happens if my registered agent resigns?

The Secretary of State notifies your LLC when an agent resigns, and you then have a limited window to appoint a replacement. Treat it as time-sensitive — name a new agent and file the change promptly. A prolonged gap with no valid agent puts your good standing at risk and can leave you exposed to service you never see.

Do I need to notify my old registered agent that I'm switching?

It's good practice, especially with a commercial service you're paying, so you're not double-billed and there's a clean handoff. Legally, the operative step is filing the statement of change with the SOS. Just make sure the new agent is on record before you formally terminate the old one, so there's never a coverage gap.

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