Texas Change Registered Agent Form 401 Filing Guide (2026)

Texas Change Registered Agent — Form 401 + $15 Fee

5 months ago · Updated 3 days ago

Official source: Texas Secretary of State provides the primary guidance used in this guide.

To change a registered agent in Texas, you file a Statement of Change of Registered Agent/Office (Form 401) with the Texas Secretary of State. The filing fee is $15, and online submissions via SOSDirect process in 1–2 business days. Whether you're switching to a professional service, replacing a resigned agent, or updating an outdated address — this guide walks through every step, form, and deadline you need to handle it cleanly.

Texas Registered Agent Change — 2026 Quick Facts
Official Form
Form 401
Filing Fee (LLC)
$15
Online Processing
1–2 Business Days
Mail Processing
7–10 Business Days
New Agent Consent
Required (Form 401-A)
Legal Basis
BOC §5.202
Form 401
Official Change Form
$15
State Filing Fee
1–2 Days
Online Processing
✍
No Notary
Required
⏰
31 Days
Resignation Notice Period
In This Guide
  1. Texas Registered Agent Change — Process Overview
  2. How to Change Your Registered Agent in Texas
  3. How to File Form 401 Online (SOSDirect)
  4. How to File by Mail, Fax, or In Person
  5. Texas Registered Agent Change Fee
  6. Consent Requirements for the New Agent
  7. What Happens If Your Agent Resigns?
  8. Can You Become Your Own Registered Agent?
  9. Why Businesses Change Registered Agents
  10. Common Filing Mistakes to Avoid
  11. Frequently Asked Questions

Texas Registered Agent Change — Process Overview

The Texas change of registered agent process is handled through one form — Form 401 (Statement of Change of Registered Agent/Office) — filed with the Texas Secretary of State. It can be done at any time, for any reason, and the change takes effect when the SOS processes the filing.

The Change Process at a Glance

1
Choose New Agent
Must have TX address and consent to appointment
2
Get Consent
New agent signs Form 401-A (keep in records)
3
File Form 401
Online via SOSDirect or by mail. Pay $15 fee.
4
SOS Processes
1–2 days online; 7–10 days by mail
5
Change Effective ✓
New agent info live in SOS database immediately
One Form Does It All Form 401 handles both registered agent changes and registered office address changes. If you're only updating the address (same agent, new address) or replacing the agent entirely, both go on the same form. You do NOT need to file a full Certificate of Amendment ($150) just to change your registered agent — that's the expensive mistake many owners make.

How to Change Your Registered Agent in Texas

The Texas LLC registered agent change form (Form 401) requires four pieces of information: your LLC's current legal name, its SOS file number, current registered agent and office details, and the new agent's name and Texas street address. The organizer or an authorized representative signs and dates the form — no notarization required.

What Form 401 Requires
1
LLC legal name (exactly as on SOS records) Must match your Certificate of Formation exactly — including "LLC," punctuation, and capitalization. Check the SOS database if unsure.
2
SOS file number Your 9-digit or 10-digit entity file number assigned when your LLC was formed. Recommended (not strictly required) — helps speed processing. Find it via the SOS business search tool →
3
Current registered agent name and registered office address Enter the agent information currently on file with the SOS — not what you want it to be, but what it currently shows.
4
New registered agent name and Texas street address Must be a physical Texas street address. No PO Boxes, mailbox services, or telephone answering services. The agent must be available at this address during normal business hours.
5
Authorized signature and date Signed by an authorized representative of the LLC (officer, manager, or authorized person). Electronic signatures are accepted. No original "wet ink" signature required — copies are accepted.
The registered agent does NOT sign Form 401. The LLC's authorized representative signs it — not the new agent. The new agent's consent is documented separately via Form 401-A, which stays in your LLC records but does NOT need to be submitted to the SOS.

How to File Form 401 Online (SOSDirect)

The fastest way to complete a Texas SOS change of registered agent is through SOSDirect — available 24/7, with 1–2 business day processing and immediate electronic confirmation. This is the recommended method for most LLC owners.

1

Log Into SOSDirect

Go to direct.sos.state.tx.us. If you don't have an account, create one for free (though note there's a $1 per-search fee for entity searches within the system). Once logged in, navigate to "Business Organizations."

2

Find "Statement of Change of Registered Agent/Office" (Form 401)

From the Business Organizations menu, select the filing for a change of registered agent. The guided system walks you through each required field — LLC name, current agent details, and new agent information.

3

Enter Your LLC Information

Enter your LLC's full legal name and SOS file number. Input the current registered agent and office address exactly as shown on SOS records. Then enter the new agent's name and Texas street address.

4

Sign and Pay the $15 Filing Fee

Sign the form electronically as an authorized LLC representative. Pay the $15 state fee — by credit card (2.7% convenience fee applies, bringing total to ~$15.41) or via your SOSDirect deposit account to avoid the surcharge.

5

Submit and Save Confirmation

Submit the filing. SOSDirect immediately displays a confirmation. Save it — this is your proof of the Texas change of registered agent filing. Your LLC's SOS record updates within 1–2 business days.

Official Form and Instructions
Texas SOS — Form 401 (Change of Registered Agent/Office) Instructions
↗

How to File by Mail, Fax, or In Person

If you prefer paper, you can file the Texas change of registered agent form (Form 401) by mail, fax, or in person. All three options require submitting the form in duplicate.

Method Processing Time Fee Submit To
SOSDirect Online 1–2 business days $15 (+2.7% card fee) direct.sos.state.tx.us
Mail 7–10 business days $15 (check/money order) P.O. Box 13697, Austin, TX 78711-3697
Fax 7–10 business days $15 (Form 807 credit card) (512) 463-5709 + Form 807
In Person (Texas Express) Same day or next day (by 12pm cutoff) $15 (+$750 same-day / +$500 next-day) 400 W. 15th Street, Austin, TX 78701
Email (Texas Express) Same day or next day (by 12pm cutoff) $15 (+$750 same-day / +$500 next-day) TexasExpress@sos.texas.gov
Mail Filing Details Submit the completed Form 401 in duplicate (two copies). Include a check or money order for $15 payable to "Secretary of State." If you want a file-stamped copy returned, include the duplicate — otherwise the SOS won't send one back. In-person services moved to 400 W. 15th Street as of January 2026.

Texas Registered Agent Change Fee in 2026

The registered agent change Texas state fee is $15 for most entities, including LLCs. This is one of the lowest state fees for any business filing in Texas. Here's the complete cost picture.

Texas Registered Agent Change — Fee Breakdown
Form 401 — standard filing (LLC/corporation)
Form 401 — nonprofit/cooperative association
Credit card convenience fee (if paying by card)
Expedited service (Texas Express — Standard $50 / Next-Day $500 / Same-Day $750)
Certificate of Amendment (DON'T use just for agent change)
Minimum to Change Registered Agent $15
Always use Form 401 — not a Certificate of Amendment — when the only change is the registered agent or office. The Amendment costs $150 and is designed for changes to your LLC's fundamental governing structure. See Texas LLC cost guide →

Under Texas BOC §5.207, every registered agent appointed on or after January 1, 2010 must have consented to serve in that capacity. This applies to your Texas registered agent change — the new agent must consent before the Form 401 is filed.

Consent Rules — What Texas Requires
✓
New agent must consent in writing or electronically The consent must happen before you file Form 401 naming them as agent. Professional registered agent services provide this automatically during their onboarding process.
✓
Use Form 401-A to document consent Form 401-A (Acceptance of Appointment and Consent to Serve as Registered Agent) is the standard consent form. Keep a signed copy in your LLC records — you don't need to file it with the SOS unless you choose to.
✗
Consent does NOT need to be submitted to the SOS You keep Form 401-A in your internal LLC records. The SOS doesn't require it to be filed with Form 401. However, you must have it — filing Form 401 without actual consent is a BOC §5.207 violation with penalties.
✗
If consent was never given — agent can file a rejection A person named as registered agent without consent can file a formal rejection with the SOS. Upon filing, their appointment terminates — leaving your LLC without a valid agent immediately. That's a serious compliance emergency.
Professional services handle consent automatically. When you switch to a service like Northwest Registered Agent, they provide consent documentation as part of their intake process. There's no separate paperwork to chase — which is one of the practical advantages of switching to a professional service from a DIY setup.

What Happens If Your Registered Agent Resigns?

An agent who wants to stop serving files Form 408 (Notice of Resignation of Registered Agent) with the Texas SOS. The key rule: the resignation doesn't become effective until the 31st day after the SOS receives the notice. That gives you a window — but it's shorter than most owners expect.

Day 0 — Resignation Filed
Agent Files Form 408 with SOS
The SOS receives the agent's resignation notice. The agent is required to notify your LLC directly before or at the same time as filing.
Days 1–30 — Your Window
File Form 401 Immediately
File a change of registered agent Texas Form 401 as soon as you receive notice. Don't wait — 30 days sounds like plenty of time but can slip by quickly in a busy business.
Day 31 — Resignation Effective
Agent Appointment Terminates
If you haven't filed Form 401, your LLC now has no valid registered agent. Legal documents can't be properly served. The SOS may refuse filings.
After Day 31 Without Replacement
Compliance Emergency
Operating without a valid registered agent risks administrative dissolution and default judgments. File Form 401 immediately with a new agent — even if you're late.
Don't Let an Agent Resignation Create a Gap If your agent resigns and you don't replace them within 31 days, your LLC is effectively unrepresented. Any lawsuit served during this gap can result in a default judgment — the courts don't pause just because your agent situation is in flux. File Form 401 the same day you receive a resignation notice. See Texas registered agent requirements →

Can You Become Your Own Registered Agent?

Yes — Texas allows any individual Texas resident to serve as their own registered agent, including LLC members and managers. If you're currently using a professional service and want to switch back to yourself (or vice versa), the process is exactly the same: file Form 401 with the Texas SOS and pay $15.

Whether DIY or a professional service is the better fit depends on your privacy needs, budget, and how reliably you can be present at a Texas address during business hours. For the full breakdown of privacy risks, costs, and service comparisons, see our Texas registered agent requirements guide →

Why Businesses Change Registered Agents

A Texas registered agent change is more common than most owners expect. Here are the situations that actually drive it — most are preventable with the right setup from day one.

  • Switching from DIY to a professional service. The most common reason. LLC owners who initially appointed themselves discover their home address is on the SOS public database — and decide privacy and compliance reminders are worth $125/year. A Form 401 makes the switch in 1–2 days.
  • Current service renewed at a higher price. Many LLC formation services advertise low first-year rates and jump significantly at renewal (sometimes $199+/year). When that renewal notice arrives, it triggers a switch to a better-priced service like Northwest at $125/yr flat.
  • Agent resigned or is unreachable. If your current agent stops responding, changes address without notifying you, or formally resigns via Form 408, you need to file Form 401 immediately to maintain valid representation.
  • Owner relocated out of Texas. A registered agent must have a physical Texas address. If you moved and were serving as your own agent, you no longer qualify. File Form 401 to replace yourself with someone who meets Texas requirements.
  • Switching registered office address (same agent). If your agent moved to a new Texas address — even if they're still the same person or service — the SOS record must be updated via Form 401. The address on file must always be current and accurate.
Northwest Registered Agent — Switch for Free
When you sign up for Northwest's registered agent service, they handle the Form 401 filing and pay the $15 state fee for you — at no extra charge. Your registered agent change in Texas gets done in under a business day. $125/yr after the first year.
Privacy protection + May 15 compliance reminders included
Switch to Northwest →

For more on choosing the right registered agent service for your Texas LLC, see our full Northwest Registered Agent review →

Common Texas Registered Agent Change Mistakes

  • Filing a Certificate of Amendment instead of Form 401. A Certificate of Amendment costs $150 and is designed for structural LLC changes (name changes, member changes, etc.). If you're only changing your registered agent, Form 401 at $15 is the correct and far cheaper path.
  • Submitting Form 401 before getting the new agent's consent. Filing Form 401 before the new agent has consented is a BOC §5.207 violation. If the named agent didn't agree to serve, they can reject the appointment — and your filing is meaningless. Get consent first, always.
  • Listing a PO Box as the new registered office address. Texas requires a street address where process can be served, and the registered office cannot be solely a mailbox service or a telephone answering service, so a PO box does not qualify. This causes immediate rejection of Form 401. The address must be a physical street address where the agent can personally receive documents during business hours.
  • Waiting too long after an agent resignation. The 31-day resignation window sounds adequate but disappears fast. File Form 401 the same day you receive a resignation notice — not the same week, not "soon." Any gap in registered agent coverage creates real legal exposure.
  • Using an outdated version of Form 401. The SOS occasionally updates forms. Downloading Form 401 from an unofficial source or using a cached version can mean submitting an outdated document. Always download directly from sos.state.tx.us before filing.
  • Forgetting to submit in duplicate by mail. Mail filings must include two copies — one for processing, one to be file-stamped and returned. Sending a single copy means you won't receive your stamped confirmation document.
Texas Registered Agent Change — Bottom Line

To change a registered agent in Texas, file Form 401 with the Texas Secretary of State for $15. Online via SOSDirect processes in 1–2 business days. Confirm your new agent consents (Form 401-A is the consent form) before filing, and don't use a PO Box for the new address, and submit in duplicate if filing by mail. If your agent resigned, file Form 401 within 30 days — the resignation becomes effective on day 31, leaving your LLC unrepresented if you wait.

Texas registered agent guide →  |  Compare registered agent services →  |  Texas LLC hub →

Changing Registered Agents in Other States
Florida
Change fee varies
Annual report filing
Wyoming
$5 change fee
One of lowest in US
Delaware
Simple process
Via SOS filing

Frequently Asked Questions

How do I change my registered agent in Texas?

To change your registered agent in Texas, file Form 401 (Statement of Change of Registered Agent/Office) with the Texas Secretary of State. The state filing fee is $15. You can file online via SOSDirect (1–2 business day processing), by mail (7–10 business days), by fax, or in person. Confirm your new agent consents (Form 401-A is the consent form) before filing.

What is the Texas registered agent change form?

The Texas registered agent change form is Form 401 (Change of Registered Agent/Office), issued by the Texas Secretary of State. It's used for both registered agent changes and registered office address changes. Download it directly from sos.state.tx.us or file it online through SOSDirect.

How much does it cost to change a registered agent in Texas?

The Texas registered agent change state filing fee is $15 for LLCs and most entities ($5 for nonprofits). Credit card payments via SOSDirect add a 2.7% convenience fee. Texas Express expedited processing adds $50 (Standard Expedited), $500 (Next-Day), or $750 (Same-Day). Never use a Certificate of Amendment just to change your agent — it costs $150 and is designed for different purposes.

Can I change my registered agent in Texas online?

Yes. The Texas SOS change of registered agent online process is handled through SOSDirect at direct.sos.state.tx.us. Log in, find Form 401 in the Business Organizations section, complete all fields, sign electronically, and pay the $15 fee. Online filings process in 1–2 business days with immediate confirmation.

Does the new registered agent need to consent?

Yes. Under Texas BOC §5.207, any registered agent appointed after January 1, 2010 must have consented in writing or electronically before being named. Use Form 401-A (Acceptance of Appointment and Consent to Serve as Registered Agent). You keep this in your LLC records — it does not need to be filed with the Texas change of registered agent form (Form 401).

What happens if my Texas registered agent resigns?

If your registered agent files a resignation (Form 408), the resignation becomes effective on the 31st day after the SOS receives notice. You have that 30-day window to file a change of registered agent Texas Form 401 with a replacement agent. Don't wait — file the same day you receive resignation notice. An expired agent leaves your LLC without legal representation for service of process.

What is the Form 401 in Texas?

Form 401 is the Statement of Change of Registered Agent/Office filed with the Texas Secretary of State. It's the primary — and cheapest ($15) — way to change your registered agent in Texas. It handles both agent name changes and office address changes. It's authorized under BOC §5.202 and can be filed online via SOSDirect, by mail, fax, or in person.

How long does the Texas registered agent change take?

Online filings via SOSDirect process in 1–2 business days. Mail and fax filings take 7–10 business days. Texas Express Next-Day service (+$500) or Same-Day service (+$750), filed in person or by email by the 12:00 p.m. cutoff, is available for guaranteed next-day or same-day approval — SOSDirect filings are not eligible for Texas Express. Once the SOS processes the Texas change of registered agent form, the new agent information goes live in the public SOS database immediately.

Do I need to notify the IRS when I change my registered agent in Texas?

No. The Texas registered agent change is a state-level filing only — the IRS does not require notification. However, if your business mailing address has changed (separate from the registered office), you may need to update your address with the IRS using Form 8822-B. The registered office for legal purposes and your mailing address for tax purposes are separate matters.

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