Being a registered agent is good work in Texas, but for one reason or another, you wish to resign from your position. While there are plenty of good reasons for this, there’s only a single set of steps for doing it correctly.

You have to keep in mind that being a registered agent is an important job, as you’re receiving crucial official documents for the corporation you’re working for. You can’t just leave, as the corporation may not receive those documents on time, and act accordingly. That can result in fines and other serious penalties, including the dissolution of the corporation itself.

So, how do you go about resigning your registered agent position responsibly? Here are the steps you need to take:

1. Notify the Corporation

This is the first step you have to take. You have to inform the corporation regarding your decision to resign as their registered agent. The Texas Business Organizations Code (in Section 5.204), insists that you give written notice before you submit your formal resignation to the Texas Secretary of State. It has to be on record.

That way, they can prepare for your leaving and have someone else take over your crucial responsibilities. The corporation can arrange for your replacement, and avoid fines and penalties that may result when no one is manning this position.

2. Filling Out the Statement of Resignation of Registered Agent

After notifying the Texas corporation, you now have 11 days to submit your resignation. The next step is to go online and visit the Texas Secretary of State website and download the form for the Statement of Resignation of Registered Agent from the forms page.

The form will be in PDF form, so you’ll need Adobe Acrobat or some other PDF editor. You will need to put in the following information:

• The name of the corporation (or LLC)

• The entity file number (which was issued by the Texas Secretary of State)

• The address where you sent your written notice to the corporation

• The date when you gave your written notice to the corporation

• The date on which you plan on submitting the form

• Your name and signature

3. Submitting the Form

Once you’ve finished filling out this form, you need to make 2 copies of it. You’ll submit both copies to the Texas Secretary of State. You can submit them in several ways:

• You can deliver the forms in person, by going to the James Earl Rudder Office Building at 1019 Brazos, Austin, Texas 78701.

• Also, you can use snail mail and send the forms to P.O. Box 13697, Austin, TX 78711-3697

• You can still use fax, by sending the forms to (512) 463-5709

You also need to include a cover letter that contains your daytime phone number. If you’re mailing or faxing the forms, indicate whether you want routine or expedited service.

4. Processing Time (Waiting)

Normally, it takes about 5 to 7 days for the office of the Texas Secretary of State to process your resignation. There’s no standard fee for the resignation procedure, but you can hurry things along by paying $25 for next-day expedited processing.

5. Still the Registered Agent for 30 Days Afterwards

Once the Texas Secretary of State office has processed your resignation, the Texas Secretary of State will notify the corporation about the filing. But you will still be on record as the registered agent for the Texas corporation. That means you will still have to receive official documents for the corporation for the next month.

That is unless the corporation gets a new registered agent sooner. You can also help with that if you left your registered agent position on good terms with the Texas corporation.

6. Finding Your Replacement

If you wish to help the corporation to find a suitable replacement for the crucial registered agent position, you can help. Your best bet is to recommend a professional registered agent service. The best ones offer terrific service with online document storage, for very reasonably yearly rates.

But if you’re recommending a friend for the position, make sure that they meet all the requirements:

• The new registered agent is at least 18 years old.

• They’re a resident of Texas, with a physical Texas address and a mailing address (instead of just a P.O. box)

• They must be always present at that physical Texas address during business hours, to receive the official documents on behalf of the client corporation.

• They have means of notifying the corporation immediately upon receiving the documents, and can forward the documents quickly (usually though online, and not through snail mail).

FAQs

How long does it take for the Texas Secretary of State to process the resignation during the pandemic crisis?

Understandably, it may take a bit longer. But usually, waiting 7 business days is normal.

To confirm, there are no fees for filing my resignation as a registered agent?

Not from your end, though you may opt to pay an extra $25 to expedite the processing at the Texas Secretary of State. The corporation, on the other hand, will have to pay a filing fee to change to a new registered agent. But that only costs $15, and $5 if it’s a nonprofit organization.

Can’t I just submit the forms online to the Texas Secretary of State?

Not right now, even though many other business filings can be done online via SOSDirect. That may change in the future, but right now you’re limited to snail mail, fax, or hand-delivery.

When do I officially stop being the registered agent for the corporation?

That happens on the 31^st day after your resignation has been processed and the corporation has been notified.

Where else can I go or call for more information regarding this matter?

You can call the Texas Secretary of State at 512-463-5555 if you have more questions.