Quick Answer

Section 5.201 of the Texas Business Organizations Code (BOC) requires every LLC to maintain a registered agent with a physical street address in Texas. If you hire a commercial agent, they must provide you with a signed Form 401-A (Acceptance of Consent), which you must keep in your private records.

Key Points for 2026

  • Form 401-A: The agent must sign a consent form. Do not upload this form to SOSDirect when forming your LLC. Keep it in your desk drawer.
  • Privacy: Texas is not a privacy state. Even if you use a commercial registered agent, Texas requires you to list the names and addresses of the LLC's Managers or Members on the Certificate of Formation.
  • PO Boxes: A registered office cannot be a PO Box, a mailbox service, or a telephone answering service.

Texas law strictly prohibits naming someone as a registered agent without their permission. When you file your Certificate of Formation online via SOSDirect, you will have to check a box stating under penalty of perjury that the agent has consented.

To prove this consent, the agent signs Form 401-A. If you hire a commercial registered agent (like Northwest or ZenBusiness), they will automatically generate a signed Form 401-A and place it in your online dashboard immediately after you pay.

If you act as your own registered agent, you technically don't need to sign Form 401-A, because filing the LLC yourself implies consent.

The Privacy Issue

Because Texas requires the Members/Managers to be listed on the public record, hiring a registered agent will hide your home address, but it will not hide your name. If you want a fully anonymous LLC to operate in Texas, you should form a Wyoming LLC and then register it as a foreign entity in Texas.

Changing Your Texas Agent

If you are unhappy with your current agent, or if you used an expensive service (like LegalZoom) and want to switch to a cheaper one, Texas makes it easy.

You simply log into SOSDirect, fill out Form 401, and pay the $15 state fee. You must ensure your new agent has signed a Form 401-A before you submit the change.

What to Do Next

  • Get your Agent: If you want to protect your home address from public records, hire a Texas commercial registered agent.
  • Ready to form? Read our complete, step-by-step Texas LLC Formation Guide.