Texas Business Organizations Code 5.201 – Designation and Maintenance of Registered Agent and Registered Office
(a) Each filing entity and each foreign filing entity shall designate and continuously maintain in this state:
(1) a registered agent; and
(2) a registered office.
(b) The registered agent:
(1) 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;
(2) may be:
(A) an individual who:
(i) is a resident of this state; and
(ii) has consented in a written or electronic form to be developed by the office of the secretary of state to serve as the registered agent of the entity; or
(B) an organization, other than the filing entity or foreign filing entity to be represented, that:
(i) is registered or authorized to do business in this state; and
(ii) has consented in a written or electronic form to be developed by the office of the secretary of state to serve as the registered agent of the entity; and
(3) must maintain a business office at the same address as the entity’s registered office.
Terms Used In Texas Business Organizations Code 5.201
- Business: means a trade, occupation, profession, or other commercial activity. See Texas Business Organizations Code 1.002
- Entity: means a domestic entity or foreign entity. See Texas Business Organizations Code 1.002
- Filing entity: means a domestic entity that is a corporation, limited partnership, limited liability company, professional association, cooperative, or real estate investment trust. See Texas Business Organizations Code 1.002
- Foreign: means , with respect to an entity, that the entity is formed under, and the entity's internal affairs are governed by, the laws of a jurisdiction other than this state. See Texas Business Organizations Code 1.002
- Foreign filing entity: means a foreign entity, other than a foreign limited liability partnership, that registers or is required to register as a foreign entity under Chapter 9. See Texas Business Organizations Code 1.002
- Individual: means a natural person. See Texas Business Organizations Code 1.002
- Law: means , unless the context requires otherwise, both statutory and common law. See Texas Business Organizations Code 1.002
- Organization: means a corporation, limited or general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for-profit, nonprofit, domestic, or foreign. See Texas Business Organizations Code 1.002
- Secretary: means the:
(A) individual designated as secretary of an entity under the entity's governing documents; or
(B) officer or committee of persons authorized to perform the functions of secretary of an entity without regard to the designated name of the officer or committee. See Texas Business Organizations Code 1.002 - Service of process: The service of writs or summonses to the appropriate party.
- written: means an expression of words, letters, characters, numbers, symbols, figures, or other textual information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in a perceivable form. See Texas Business Organizations Code 1.002
(c) The registered office:
(1) must be located at a street address where process may be personally served on the entity’s registered agent;
(2) is not required to be a place of business of the filing entity or foreign filing entity; and
(3) may not be solely a mailbox service or a telephone answering service.
(d) A registered agent that is an organization must have an employee available at the registered office during normal business hours to receive service of process, notice, or demand. Any employee of the organization may receive service at the registered office.