Why Form a Corporation in Texas?

Why Your Texas Corporation Needs a Registered Agent Service

Your Texas corporation needs to have a TX Registered Agent. They’re chosen by you and can accept legal notices and other correspondence for your Texas corporation on your behalf from the Texas Secretary of State.

• If you choose a person as a Registered Agent, he or she must reside in Texas

• If you choose a business as a Registered Agent, they must be able to conduct business in Texas

• Your Registered Agent must have a physical street address (not a P.O. Box)

• They must be available in person to sign for any delivered correspondence during normal business hours

Incorporate your S Corporation or C Corporation through us to get your first year of Registered Agent services for free.

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Information on the Texas Secretary of State and TX Registered Agent Services

Below, you’ll find what the Texas Secretary of State says about TX Registered Agent services.

“The Texas Business Organizations Code (“BOC”) requires every domestic or foreign filing entity to maintain a registered agent and office in Texas. The BOC also permits the filing of an appointment of agent for service of process by an unincorporated nonprofit association. Additionally, the Texas Finance Code permits a Texas financial institution to appoint an agent for service of process.

An entity’s registered agent is an agent of the entity on whom may be served any process, notice or demand required or permitted by law to be served on the entity.

An entity’s registered office must be a physical address in Texas where the registered agent can be served with process during business hours. The registered office is also where the Office of the Secretary of State will mail correspondence. A registered office is the business office address of the registered agent and may be the same as the entity’s place of business. It cannot, however, be a post office box that is part of a commercial mail or message service unless that commercial enterprise is the registered agent.”

Services Provided by a Texas Registered Agent to Your Corporation

A Texas Registered Agent may receive, on behalf of your corporation:

• Correspondence from the Texas Secretary of State

• Service of process documents (for example, if your Texas corporation has legal proceedings issued against it)

• Official Texas and federal government documents, form filings and requests for information (including permits and company filings)

• Tax forms and requests to complete permits, company filings and reports

Why You Might Not Want to Appoint Yourself as Your Own Texas Registered Agent

You can choose to act as your own TX Registered Agent for your Texas S Corp or C Corp, but it’s not often recommended for the following reasons.

• The Registered Agent must have a physical street address in Texas. Some people establish corporations outside of Texas and will need to use a Registered Agent service to provide the address.

• You always need to have someone on hand at your corporation to receive important documents for your business during business hours (typically 9 a.m. to 5 p.m. Monday to Friday).

• The Registered Agent’s name and TX address are part of the public record and available through the Texas Secretary of State website. If you would prefer your name and address aren’t published, you might choose a Registered Agent service.

• If you change your Texas business address or move out of state, you won’t need to file additional documentation with the Secretary of State for the new address of your Registered Agent if using a service. You will need to set up a new Registered Agent service in the new state.

There are more considerations, but this should help you with your decision to use a Registered Agent service.

The Problems Caused When You Don’t Appoint a Texas Registered Agent Service

What are the issues with not having a TX Registered Agent or not providing that information to the Texas Secretary of State?

• Getting served or sued and not finding out about it: If your Texas corporation is sued and you don’t know about it, you could lose to a default judgment in your absence.

• Falling out of good standing with the Texas Secretary of State: If you don’t respond to certain correspondence (like the request for your Annual Report), certain states may revoke your right to do business.

• Losing your status as a Texas corporation: A TX Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections, and your Texas corporation may be dissolved.

Incfile Provides a Free Texas Corporation Registered Agent Service for the First Year

If you have an S Corporation or C Corporation that’s incorporated in Texas and you need a TX Registered Agent, we can help. Incfile provides a complete Registered Agent service for any Texas corporation. If you form your business through Incfile, we’ll act as your Registered Agent free for your first year (normally a $119 annual cost).

We are authorized to conduct business in Texas and can legally act as your Registered Agent for your TX corporation.

Here’s what you need to know about Incfile’s TX Registered Agent service for corporations:

• The Registered Agent will always be available to accept documents and letters on your behalf

• We automatically notify you whenever we receive correspondence for your business from the Texas Secretary of State or anyone else

• We scan your correspondence and upload it to a dashboard, so you can review it when convenient

• We forward all correspondence to an address you choose

Order Incfile’s Texas Registered Agent service

Form your C Corporation or S Corporation with us today to get your first year of Registered Agent service for free, including easy access to our comprehensive online dashboard.

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Useful Resources for Texas Registered Agent Services

You might find these resources helpful:

• The Main Functions of a Texas Registered Agent

• Changing Your Texas Registered Agent

• What a Texas Registered Agent Does