Texas § BO.5.201 - DESIGNATION AND MAINTENANCE OF REGISTERED AGENT AND REGISTERED OFFICE

§ BO.5.201. DESIGNATION AND MAINTENANCE OF REGISTERED AGENT AND REGISTERED OFFICE

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. (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. Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006. Amended by: Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737 ), Sec. 28, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1123 (H.B. 1787 ), Sec. 2, eff. January 1, 2010. Acts 2011, 82nd Leg., R.S., Ch. 1151 (H.B. 2047 ), Sec. 1, eff. September 1, 2011.