The Texas BOC requires every foreign and domestic or foreign filing entity to keep an office and registered agent in Texas. The BOC also authorizes the filing of an appointment of an agent for service of process by an unincorporated nonprofit association. Moreover, the Texas Finance Code allows a Texas financial institution to appoint an agent for the service of process.
An entity’s registered agent is an agent of the entity on whom may be served any process, demand, or notice permitted or required by law to be served on the entity. According to Section 5.201(b) of the Texas BOC, registered agents designated on or after January 1, 2010, must have consented to serve in that capacity in a written or electronic form developed by the Office of the Secretary of State. Click here to download the form.
An entity’s registered office must be a physical address in Texas where the registered agent can be served with the process during business hours. The Office of the Secretary of State will mail correspondence to the registered office. It is also the business office address of the registered agent, which may be similar to the entity’s place of business. However, it cannot be a P.O. box that is part of a message service or commercial mail unless that commercial enterprise is the registered agent.
