§ 5.201. Designation & Maintenance of Texas Registered Agent

SUBCHAPTER E. REGISTERED AGENTS AND REGISTERED OFFICES

§ 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 is a resident of this
state;  or                   
(B)  a domestic entity or a foreign entity that is
registered to do business in this state;  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. 

Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.                    


§ 5.202. CHANGE BY ENTITY TO REGISTERED OFFICE OR
REGISTERED AGENT.  (a) A filing entity or foreign filing entity may
change its registered office, its registered agent, or both by
filing a statement of the change in accordance with Chapter 4.
(b)  The statement must contain:                                              
(1)  the name of the entity;                                                 
(2)  the name of the entity's registered agent;                              
(3)  the street address of the entity's registered
agent;                  
(4)  if the change relates to the registered agent, the
name of the entity's new registered agent;
(5)  if the change relates to the registered office,
the street address of the entity's new registered office;
(6)  a recitation that the change specified in the
statement is authorized by the entity;  and
(7)  a recitation that the street address of the
registered office and the street address of the registered agent's
business are the same.
(c)  On acceptance of the statement by the filing officer,
the statement is effective as an amendment to the appropriate
provision of:
(1)  the filing entity's certificate of formation;  or                       
(2)  the foreign filing entity's registration.                               

Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.                    


§ 5.203. CHANGE BY REGISTERED AGENT TO NAME OR ADDRESS OF
REGISTERED OFFICE.  (a) The registered agent of a filing entity or
a foreign filing entity may change its name, its address as the
address of the entity's registered office, or both by filing a
statement of the change in accordance with Chapter 4.
(b)  The statement must be signed by the registered agent, or
a person authorized to sign the statement on behalf of the
registered agent, and must contain:
(1)  the name of the entity represented by the
registered agent;           
(2)  the name of the entity's registered agent and the
address at which the registered agent maintained the entity's
registered office;
(3)  if the change relates to the name of the registered
agent, the new name of that agent;
(4)  if the change relates to the address of the
registered office, the new address of that office;  and
(5)  a recitation that written notice of the change was
given to the entity at least 10 days before the date the statement
is filed.
(c)  On acceptance of the statement by the filing officer,
the statement is effective as an amendment to the appropriate
provision of:
(1)  the filing entity's certificate of formation;  or                       
(2)  the foreign filing entity's registration.                               
(d)  A registered agent may file a statement under this
section that applies to more than one entity.

Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.                    


§ 5.204. RESIGNATION OF REGISTERED AGENT.  (a) A
registered agent of a filing entity or a foreign filing entity may
resign as the registered agent by giving notice to that entity and
to the appropriate filing officer.
(b)  Notice to the entity must be given to the entity at the
address of the entity most recently known by the agent.
(c)  Notice to the filing officer must be given before the
11th day after the date notice under Subsection (b) is mailed or
delivered and must include:
(1)  the address of the entity most recently known by
the agent;           
(2)  a statement that written notice of the resignation
has been given to the entity;  and
(3)  the date on which that written notice of
resignation was given.       
(d)  On compliance with Subsections (b) and (c), the
appointment of the registered agent terminates.  The termination is
effective on the 31st day after the date the secretary of state
receives the notice.
(e)  If the filing officer finds that a notice of resignation
received by the filing officer conforms to Subsections (b) and (c),
the filing officer shall:
(1)  notify the entity of the registered agent's
resignation;  and         
(2)  file the resignation in accordance with Chapter 4,
except that a fee is not required to file the resignation.

Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.