A registered agent is the person or company your LLC or corporation names to receive lawsuits, legal notices and official state mail at a physical address in the state. Texas, Delaware and California all require one for formal business entities, and an owner, officer or employee can usually serve, but the business can't be its own agent.
States use slightly different names. California calls it an agent for service of process. I've used the official guidance from three of the most common formation states, Texas, Delaware and California, all checked in October 2026, because the rules are similar in shape and different in the details.
What a registered agent does
The Texas Secretary of State sums up the job in two duties:
- Receive any process, notice or demand served on the business, and forward it to the business at the latest address it gave the agent, or otherwise notify it.
- Pass on any notices the law requires or allows to be sent to the business.
That's it. A registered agent isn't a lawyer, an accountant or a mailbox service, though many companies bundle those extras.
Who can be a registered agent
| State | Who can serve | Key requirement |
|---|---|---|
| Texas | A Texas resident, or an organization registered to do business in Texas | Business office at the same address as the registered office. The entity can't be its own agent. |
| Delaware | Anyone meeting the address rule | A street address and office in Delaware, open during normal business hours to accept service |
| California | The agent named in the entity's filings | Corporations, LLCs, limited partnerships and LLPs must designate one |
In Texas an officer, owner or employee can be the agent. Delaware publishes a list of registered agents purely as a convenience and says plainly that registered agents aren't regulated by the state, so do your own checks before you pick one.
Can you be your own registered agent?
Personally, often yes, if you meet the state's address and availability rules. The entity itself, no. The catch is practical: your name and that address go on the public record, and you need to be there during business hours to accept papers. That's why many small business owners pay a service company. Texas notes that these companies charge a fee and that the Secretary of State doesn't keep a list of them.
What happens if you don't keep one
This is the part people underestimate. In Texas, failing to appoint or maintain a registered agent and office can lead to the involuntary termination of a Texas entity, or the revocation of an out-of-state entity's registration. In California, if direct service on a business fails and a court allows it, legal papers can be served on the business by hand-delivering them to the Secretary of State's office in Sacramento with a $50 fee, as of October 2026. Either way, a stale agent record means important papers stop reaching you.
Finding a company's registered agent
Agent details are public. In California, the listed agent for service of process shows in bizfile Online, the Secretary of State's business search. Not every entity type is in that search, though: limited liability partnerships, general partnerships and associations need a records order form instead. Serving the named agent also isn't the only way to serve a California business, as the Code of Civil Procedure and Corporations Code set out other direct and substituted methods.
How to change your registered agent
- Choose the new agent and get their consent. In Texas the signed consent should be kept by the business, and it doesn't usually need to be filed.
- File the state's change form. In Texas that's Form 401, Change of Registered Agent and/or Registered Office.
- Update your own records so the new agent has your current address for forwarding.
- Check the public record once it's processed.
Texas charges $15 if you choose to file a copy of the agent's consent, with exceptions for nonprofit corporations and cooperatives, as of October 2026.
If your agent resigns, or never agreed
If your agent moves, the change has to be filed: in Texas the agent can submit Form 408, or the business can file Form 401. A Texas registered agent can resign by notifying the business and the Secretary of State, using Form 402. Notice to the state has to be given before the 11th day after the business is told, and the appointment ends on the 31st day after the state receives it. Someone named as an agent on or after January 1, 2010 who never consented can file a rejection of appointment, Form 428, and isn't required to perform the duties. And under section 5.208 of the Texas Business Organizations Code, an agent isn't liable for the company's debts solely because they're named as its registered agent.
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My verdict
Decide on your agent before you file, keep their consent on file, and put a yearly reminder in your calendar to check the address on the state record. If you're forming a company now, my guides on how to start an LLC and the Texas LLC filing show where the agent goes on the paperwork.
Frequently asked questions
Do I need a registered agent for an LLC?
Yes, in the states covered here. Texas requires entities to keep a registered agent and office, and California requires corporations, LLCs, limited partnerships and LLPs to designate an agent for service of process.
Can I be my own registered agent?
Often yes, if you meet the state's rules, such as being a Texas resident with an office at the registered address. The business entity itself can't be its own agent.
Can a registered agent use a P.O. box?
Not in Delaware, where a registered agent must keep a street address and office in the state, open during normal business hours to accept service.
Who can act as my registered agent if I'm out of state?
In Texas, service companies provide registered agent services for a fee, and your attorney or accountant may also offer it. The Secretary of State doesn't keep a list of providers.
What happens if I don't have a registered agent?
In Texas, failing to maintain a registered agent and office can lead to involuntary termination of the entity or revocation of an out-of-state entity's registration.
Is a registered agent liable for the company's debts?
Not just for being the agent. In Texas, a person isn't liable for the entity's debts, liabilities or obligations solely because they're designated as its registered agent.
