What is the Difference Between a Registered Agent Address and a Business Address?
Many times when I assist companies that have used a cheap LLC or corporation formation website or chose to form the business themselves, I find the common mistake of not understanding the importance of the registered agent address and the business mailing address. There is a difference, and there can be important ramifications for a mistake in the formation documents for your company. Texas, like most states, require an LLC or corporation to identify the registered agent and registered office of the entity.
A registered agent is an agent of the company as defined by the Texas Business Organizations Code. This individual or entity is one who “may be served any process, notice, or demand required by law to the be served on the entity.” The TBOC also requires the registered agent to be a resident of the state that has consented in writing to serving as the agent. A registered agent is the person or entity that is designated to receive all service of process when there is any legal action involving the company. The registered agent’s only job is to receive this correspondence.
Since the registered agent must be able to receive legal documents for the entity, it is also required that this agent have a physical mailing address in the state. A PO Box or out-of-state addresses does not count as a physical mailing address and is never acceptable for service of process in Texas. Failing to provide a legitimate registered agent can be very costly for your business when legal notices are involved. Not responding or missing legal notices can lead to default judgments and even forfeiture of your entity in Texas.
Your business’s mailing address is not the same as the registered agent address. This address can be where your business office or operation is located or where you choose to have regular mail accepted. Often smaller companies will use a virtual office for their physical mail. A virtual office is typically a rented space or service where you can receive your business’s mail and other important documents for everyday purposes. This should not and can not serve as your registered agent service.
If you are forming your business and need further guidance on registered agents and addresses or you may have incorrectly filed a registered agent office with your business, call Reidel Law Firm today at (832)510-3292 to find out how we can help. You can also use the email button below.