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WHAT IS A REGISTERED AGENT?

6/15/2018

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​A registered agent is a individual person or entity (i.e., business) that is designated to officially send and receive legal papers on your behalf. 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. TBOC § 5.201. 
  
DO I NEED A REGISTERED AGENT? 
 
If you are forming a business in Texas, the answer is YES! Texas law requires every domestic or foreign filing entity to maintain a registered agent and office in Texas.  
 
WHAT IS A REGISTERED OFFICE? 
 
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 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. 
 
WHO CAN BE MY REGISTERED AGENT? 
 
The registered agent must be person who is a Texas resident of the state or an entity authorized to transact business in the state. In addition, the registered agent must have a physical address that meets the requirements of a registered office. 
 
CAN I BE MY OWN REGISTERED AGENT? 
 
Yes, you can elect for yourself, an employee, or a person hired outside of your company to act as your company’s a registered agent; however, there are a number of reasons it would be best to using a professional registered agent service.  See the registered agent services offered by WC Kubik Law, PLLC here. 
 
WHY WOULD I WANT TO SPEND MONEY TO HAVE SOMEONE ELSE BY MY REGISTERED AGENT? 
 
There are plenty of reasons why it is a good investment to use a registered agent services. There are plenty of options for registered agent services out there.   
 
  1. PRIVACY. If you choose to act as your own registered agent but do not have a physical business address, your home address will be publicly available for everyone to see.  What does that mean? Internet yellow page services do what is called “data mining” to populate their sites. So, when someone searches for your business by name (which you hope they are doing!), your home address will pop up in these pages. Hiring a professional registered agent service helps prevent your home address being associated publicly with your business. ​
  2. FREEDOM AND FLEXIBILITY. A registered agent must be available at their physical address during regular business hours. Using a service allows you the flexibility to set your own hours as needed for your business rather than what is required by the state. Isn’t that one the reasons you wanted to own your own business?  
  3. COST EFFICIENCY.  Using a service allows you to avoid potential fees and legal issues caused by losing important legal documents. ​  
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    Whitney is a Houston area attorney, who loves and respects the Constitution and demands that the government share that respect. She also has a passion for helping business owners succeed.

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