When forming a business, you will need to have a registered agent. This can either be a single person within your business or a . third party business. Registered agents are responsible for receiving different documents on behalf of the business, either an LLC or a corporation. They must also be available to accept service of process notices, correspondence from the Secretary of State, and any other official government notifications such as tax forms and a notice of lawsuits. The main requirement of a registered agent is that they are a responsible party who is located in the state of Texas.
What does a registered agent Do?
Registered agents are a legal presence in the state that you form in. Especially if you decide to form your business in Texas but do not wish to live in the state, you will need to have someone present on a daily basis. This is important, so you ensure you receive all tax and legal documents for your business. In case you are sued or there is a judgment involving your business, you need to be notified as soon as possible. In some cases, a registered agent might also help with formation, bookkeeping, or accounting.
Why You Need a registered agent
Forming a corporation or LLC in the state of Texas means that you are required to have a registered agent. It provides and ensures that your business has a physical presence in the state and allows the owners to be more hands-off. Having a registered agent means that you always have a representative available during business hours, and it allows you to travel freely on weekdays. It also ensures that you are notified should any important legal documents be sent to your business.
Benefits of a Registered Agent
- No need to put address online
- Avoid having a lawsuit served to you at your place of business or home
- Possible assistance with additional services such as mail handling or receiving documents
- Privacy, keeping your name separate from your business
- Compliance with the law
How to Choose a Registered Agent
When looking for a registered agent you need to be aware of a few requirements. For example, the registered agent must be at least 18 years of age. They must also live in the state of Texas (formation), and be available during normal business hours. They should also feel comfortable receiving documents on your behalf.
Your registered agent should be a professional person or a professional company that is capable of making a good impression. Although receiving mail is a simple task, it is important they are able to remain composed should you be served with due process. Most importantly is that you need your registered agent to have a presence in the state of Texas.
It is possible to assign yourself as your own Texas registered agent. To do this, you must live in the state of Texas. If your business is formed in the state of Texas but you do not live in the state you do have options. Should you have someone who lives in Texas that you trust, you can use their address and act as your own registered agent.
What Happens If You Don’t Have a Registered Agent
If you do not have a registered agent in the state of Texas, then your business will be dissolved. You need to be able to receive proper documentation should the government contact you. If you cannot receive this information, then you will not be able to remain in compliance.
Why a Business Lawyer should be
your Registered Agent
Using a business lawyer as your Texas registered agent is the best option. Hiring a lawyer as your registered agent is the best way to understand any documentation that is sent to you regarding legal action. Not only does it leave you with less to worry about, but it allows you to ensure that you are fully in compliance will all aspects of the law.