An LLC registered agent is a responsible third party entity, either a person or a business, that is designated to receive and send documents on behalf of the company. Obtaining a registered agent can be complex, and specific legal requirements must be followed.
An experienced LLC attorney can help you navigate the process of confirming a registered agent with the appropriate government authorities. We can also help you understand duties and responsibilities of registered agents to ensure your LLC operates smoothly. Call our LLC Attorney at Brylak Law today at (866) 496-3815 for more information about how we can help.
Do I Need a Registered Agent?
Yes, every LLC in Texas is required to have a registered agent. Registered agents must be filed with the State of Texas. Any time the agent changes or moves, information must be updated with the Secretary of State.
In order to obtain a registered agent, an LLC should nominate a person or other entity that is eligible to be the agent in Texas. That individual or company may consent or reject to be appointed as a registered agent. Upon appointment, an entity should file a consent form along with a $15 fee with the Texas Secretary of State as an agent.
Who Can Be an Agent?
Any Texas resident or organization registered or authorized to do business in Texas may be a registered agent for an LLC. The agent may have a business office with the same address as the LLC’s registered office. An officer, owner, or employee of an LLC may serve as a registered agent; however, an LLC may not be its own agent. Similarly, the Texas Secretary of State and other government agencies and authorities cannot serve as a registered agent.
Some LLCs use service companies or attorneys as registered agents. By contracting with a service company or attorney, an LLC may promote consistency by avoiding frequent changes in registered agents. This may also benefit from the expertise of an entity that frequently serves as a registered agent and knows how to handle important legal documents.
Documents Handled by a Registered Agent
One of the primary duties of the agent is to receive or accept and forward legal notices and demands as well as other important documents. Registered agents provide the government as well as other entities with a single source of contact with an LLC. Common types of documents handled by registered agents include the following:
- Service of process of legal action
- State filings
- Annual reports
- Demand letters
- Correspondence from government agencies and authorities
- Compliance letters
- Tax documents
Many of the documents handled by registered agents are legal in nature. It can thus be beneficial to have an experienced LLC attorney handle your business affairs.
Benefits of Having a Separate Agent
Many LLCs choose a registered agent outside of their company, such as a service company or attorney. This allows the LLC to focus on daily operation while a registered agent handles legal matters for the company. It can be helpful to have an outside registered agent.
- LLCs that do not operate during normal business hours or every weekday may need an outside agent who has regular business hours. This ensures that important legal documents are received promptly.
- Registered agents are often selected in states where the LLC owner-members do not live. For example, if the LLC wants to do business in Texas, but is located out of state, a service company or attorney inside the state may operate as a registered agent.
- The address of an agent is public. Therefore, you may want to avoid listing your home address on a government website. A separate agent would use their own address or that of the LLC, if the LLC is located within Texas.