Wanting recommendations for a Texas Registered Agent

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G.A. Heath
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Wanting recommendations for a Texas Registered Agent

#1

Post by G.A. Heath » Mon Jan 22, 2018 11:47 pm

Starting a business, but because I want to keep my current stable income I am keeping my current job. This means that with my alternating days off I have may or may not be at my primary job during 'regular business hours' and can not meet the requirements to be my own registered agent. This means I have to find a service to perform this vital task.

What I require is a registered agent service in Texas and I need it to be relatively sane on the pricing. I know there are some business owners on the forum and some them are unable to be their own registered agent so would love to hear who they use and recommend as a registered agent service.
I am also a Gun guy, Car Guy, and Computer Guy and a currently former podcaster.

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RoyGBiv
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Re: Wanting recommendations for a Texas Registered Agent

#2

Post by RoyGBiv » Tue Jan 23, 2018 5:31 am

I don't think you have any problem being your own RA. Lots and lots of single-employee companies out there. If a RA had to be in the office all the time, how would an owner/RA ever travel out of town or make sales calls.?

I am not a lawyer and this is not legal advice.

The function of the RA is so that a company registered in TX has a physical address for service of documents, notices, etc within the state. I don't believe there is any requirement for the RA to be always or even regularly available during business hours. Just reachable at a Texas physical address.

I suggest you call the Secretary of state office and confirm. It's pretty easy to get a live person on the phone over there.

https://www.sos.state.tx.us/corp/regist ... faqs.shtml

Good luck with the new business!
I am not a lawyer. This is NOT legal advice.!
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G.A. Heath
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Re: Wanting recommendations for a Texas Registered Agent

#3

Post by G.A. Heath » Tue Jan 23, 2018 8:17 am

RoyGBiv wrote:I don't think you have any problem being your own RA. Lots and lots of single-employee companies out there. If a RA had to be in the office all the time, how would an owner/RA ever travel out of town or make sales calls.?

I am not a lawyer and this is not legal advice.

The function of the RA is so that a company registered in TX has a physical address for service of documents, notices, etc within the state. I don't believe there is any requirement for the RA to be always or even regularly available during business hours. Just reachable at a Texas physical address.

I suggest you call the Secretary of state office and confirm. It's pretty easy to get a live person on the phone over there.

https://www.sos.state.tx.us/corp/regist ... faqs.shtml

Good luck with the new business!
I understand what your saying, but the issue is I am almost never at the address during regular business hours which does disqualify me. Being at the physical address is required so that a process server can find you if need be.
I am also a Gun guy, Car Guy, and Computer Guy and a currently former podcaster.


apostate
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Re: Wanting recommendations for a Texas Registered Agent

#4

Post by apostate » Tue Jan 23, 2018 9:59 am

I use Northwest Registered Agent. Their physical address is in Lubbock but everything is online. They cost $100 or $125/year. I'd have to check my invoice to be sure. Overall, I have been happy for the price.

There are cheaper options out there. A Google search for "Texas registered agent" found three on the first page for $50 or less, if cost is the primary concern.
I'm too old for this...

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G.A. Heath
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Re: Wanting recommendations for a Texas Registered Agent

#5

Post by G.A. Heath » Tue Jan 23, 2018 10:53 am

apostate wrote:I use Northwest Registered Agent. Their physical address is in Lubbock but everything is online. They cost $100 or $125/year. I'd have to check my invoice to be sure. Overall, I have been happy for the price.

There are cheaper options out there. A Google search for "Texas registered agent" found three on the first page for $50 or less, if cost is the primary concern.
I like the fact they are in Lubbock, no problems or any issues?
I am also a Gun guy, Car Guy, and Computer Guy and a currently former podcaster.


montgomery
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Re: Wanting recommendations for a Texas Registered Agent

#6

Post by montgomery » Tue Jan 23, 2018 10:58 am

RoyGBiv wrote:I don't think you have any problem being your own RA. Lots and lots of single-employee companies out there. If a RA had to be in the office all the time, how would an owner/RA ever travel out of town or make sales calls.?

I am not a lawyer and this is not legal advice.

The function of the RA is so that a company registered in TX has a physical address for service of documents, notices, etc within the state. I don't believe there is any requirement for the RA to be always or even regularly available during business hours. Just reachable at a Texas physical address.

I suggest you call the Secretary of state office and confirm. It's pretty easy to get a live person on the phone over there.

https://www.sos.state.tx.us/corp/regist ... faqs.shtml

Good luck with the new business!
:iagree:


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Re: Wanting recommendations for a Texas Registered Agent

#7

Post by flechero » Tue Jan 23, 2018 5:27 pm

As noted, there are services but I'd first check with my attorney to see if his office could/would do it for me. Do you already have an attorney for either your business or personal business? They may do it for a small fee if you already a client. A pretty good chance if you are getting served, he'll need a copy of the papers as well.


Interblog
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Re: Wanting recommendations for a Texas Registered Agent

#8

Post by Interblog » Thu Jan 25, 2018 8:45 am

montgomery wrote:
RoyGBiv wrote:I don't think you have any problem being your own RA. Lots and lots of single-employee companies out there. If a RA had to be in the office all the time, how would an owner/RA ever travel out of town or make sales calls.?

I am not a lawyer and this is not legal advice.

The function of the RA is so that a company registered in TX has a physical address for service of documents, notices, etc within the state. I don't believe there is any requirement for the RA to be always or even regularly available during business hours. Just reachable at a Texas physical address.

I suggest you call the Secretary of state office and confirm. It's pretty easy to get a live person on the phone over there.

https://www.sos.state.tx.us/corp/regist ... faqs.shtml

Good luck with the new business!
:iagree:
Two questions for the OP:

(1) Do you anticipate a higher-than-average probability of needing to be contacted? Is there something about the business you are starting that might require extra coverage in this area, and thus prompts you to think along these lines?

(2) Can anyone point to specific cases where there a conflict developed because the SOS or other authority was unable to reach a registered agent in the manner of their preference or in an immediate time frame of their preference?

Generally I agree with what the other posters have said, with the caveat being that I'm no expert. I've run my own small business for the past 11 years, and I serve as my own registered agent. I am not glued to a chair waiting for someone to contact me, nor do I expect any need to be contacted, but I have reasonable provisions (both formal and informal) in place so that, if someone does need quick in-person access, I can respond.

That being said, no official has had a reason to contact me in all these years, so my management scheme has never been put to the test.

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G.A. Heath
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Re: Wanting recommendations for a Texas Registered Agent

#9

Post by G.A. Heath » Thu Jan 25, 2018 7:40 pm

Interblog wrote:
montgomery wrote:
RoyGBiv wrote:I don't think you have any problem being your own RA. Lots and lots of single-employee companies out there. If a RA had to be in the office all the time, how would an owner/RA ever travel out of town or make sales calls.?

I am not a lawyer and this is not legal advice.

The function of the RA is so that a company registered in TX has a physical address for service of documents, notices, etc within the state. I don't believe there is any requirement for the RA to be always or even regularly available during business hours. Just reachable at a Texas physical address.

I suggest you call the Secretary of state office and confirm. It's pretty easy to get a live person on the phone over there.

https://www.sos.state.tx.us/corp/regist ... faqs.shtml

Good luck with the new business!
:iagree:
Two questions for the OP:

(1) Do you anticipate a higher-than-average probability of needing to be contacted? Is there something about the business you are starting that might require extra coverage in this area, and thus prompts you to think along these lines?

(2) Can anyone point to specific cases where there a conflict developed because the SOS or other authority was unable to reach a registered agent in the manner of their preference or in an immediate time frame of their preference?

Generally I agree with what the other posters have said, with the caveat being that I'm no expert. I've run my own small business for the past 11 years, and I serve as my own registered agent. I am not glued to a chair waiting for someone to contact me, nor do I expect any need to be contacted, but I have reasonable provisions (both formal and informal) in place so that, if someone does need quick in-person access, I can respond.

That being said, no official has had a reason to contact me in all these years, so my management scheme has never been put to the test.
Re #1: No, but as an LTC I have a tendency to follow the law as best I can. I am a single male who has no one else living with me, so no one is present at my 'office' during regular business hours. Additionally the postal service in my town is sub-par, even for the USPS, and to be frank I do not trust them. A registered agent service alleviates that concern.

Re #2: No, However as a law abiding LTC holder I tend to follow the law as best I can.

As it stands I have settled on using the service suggested by apostate, and they have multiple offices in Texas. I didn't end up with their Lubbock office, but Austin will work as well. As for using an actual registered agent service rather than my attorney, I prefer to using a service that is specific to the job rather than someone who specializes in something else but is ideal for that very rare case that will hopefully, and probable will, never happen. And should that happen I will be contacting them as well and providing them with copies of all documents anyway so all is well.
I am also a Gun guy, Car Guy, and Computer Guy and a currently former podcaster.


Interblog
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Re: Wanting recommendations for a Texas Registered Agent

#10

Post by Interblog » Fri Jan 26, 2018 10:49 am

It might be a good idea for you to reality-check your chosen agent from time to time, and I'll give you an example of why.

Within the past couple of years, the Texas Comptroller has endeavored to bring itself and its database more closely in alignment with the Texas Secretary of State and with certain other state agencies as well. Long story omitted for brevity, but the state was getting flak for certain instances in which the right hand did not appear to know what the left hand was doing.

No bureaucratic integration initiative can be expected to go off without a hitch, right? So what happened is that, occasionally, there would be a database conflict between the SOS and the Comptroller, and in order to get it resolved, I had clients who needed to get with their registered agents in order to commence the untangling process.

A few of those agents did not seem to be reachable by their own clients in a timely manner, LOL. And that's one of the reasons why I decided to remain as my own agent. Nothing in this life is guaranteed, and in business I've generally found that minimizing variables, reducing the number of moving parts, can help avert Murphy's Law-type complications.


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Re: Wanting recommendations for a Texas Registered Agent

#11

Post by STR8-SHOT » Fri Jan 26, 2018 3:19 pm

There are private postal service locations that provide you with an address that looks like a suite number and they contact you by text and/or email whenever you have mail to pick up.

I would think they would contact you if there was a person who showed up trying to serve you legal papers, as long as it wasn’t law enforcement with a subpoena for the mail service’s records about you, which would then prevent them from contacting you.

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Re: Wanting recommendations for a Texas Registered Agent

#12

Post by G.A. Heath » Fri Jan 26, 2018 6:01 pm

STR8-SHOT wrote:There are private postal service locations that provide you with an address that looks like a suite number and they contact you by text and/or email whenever you have mail to pick up.

I would think they would contact you if there was a person who showed up trying to serve you legal papers, as long as it wasn’t law enforcement with a subpoena for the mail service’s records about you, which would then prevent them from contacting you.
That would not meet the requirements for a registered agent as they have to consent to being a registerd agent and you have to have a written or electronic copy of thier consent.
I am also a Gun guy, Car Guy, and Computer Guy and a currently former podcaster.

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Re: Wanting recommendations for a Texas Registered Agent

#13

Post by ScottDLS » Fri Jan 26, 2018 7:25 pm

G.A. Heath wrote:
RoyGBiv wrote:I don't think you have any problem being your own RA. Lots and lots of single-employee companies out there. If a RA had to be in the office all the time, how would an owner/RA ever travel out of town or make sales calls.?

I am not a lawyer and this is not legal advice.

The function of the RA is so that a company registered in TX has a physical address for service of documents, notices, etc within the state. I don't believe there is any requirement for the RA to be always or even regularly available during business hours. Just reachable at a Texas physical address.

I suggest you call the Secretary of state office and confirm. It's pretty easy to get a live person on the phone over there.

https://www.sos.state.tx.us/corp/regist ... faqs.shtml

Good luck with the new business!
I understand what your saying, but the issue is I am almost never at the address during regular business hours which does disqualify me. Being at the physical address is required so that a process server can find you if need be.
The only requirement for a Registered Agent is that it have a physical address in Texas. I was the RA for my own Texas corporation from 2011 to 2017, a good portion of which I spent out of town and outside the US. If you have physical address in Texas that’s all you need to by your own agent. If the process server can’t find you except on alternate Tuesdays at 100am on a full moon...it doesn’t matter. As a practical matter you can pay one of the big agents like The Company Corporation $100 or so to have you agent address in Austin. I do that for my LLC to keep my personal address out of public filings with Texas SOS and my business address is a UPS store mail drop. For a small rental real estate business that I do on the side, I get about 3-4pieces of mail from my RA a year, and a,few docs from the IRS. All at my mail drop. Main reasons for having an RA is if you register to do business out of state and you don’t have a physical address. If you don’t want to do it yourself, just go on legal zoom or incorporate dot com or something and you’ll find tons of ads.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Re: Wanting recommendations for a Texas Registered Agent

#14

Post by G.A. Heath » Fri Jan 26, 2018 8:24 pm

Thanks for the input Scott. It was somewhere in the Secretary of State's website that I got the impression the RA had to be at the office during regular business hours. I still prefer to use a RA for a number of reasons, including what you mentioned about keeping your address out of the public filings. Another reason is the scanned access to any documents they receive (A few RA services do not offer this, most do as part of their service).
I am also a Gun guy, Car Guy, and Computer Guy and a currently former podcaster.

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Re: Wanting recommendations for a Texas Registered Agent

#15

Post by ScottDLS » Fri Jan 26, 2018 8:59 pm

Best I can tell no requirements other than a Texas address, but I like the scanning services you mentioned. Also Texas SOS, comptroller, and even courts have very good efiling services. You can amend your articles, file franchise tax, and even initiate civil cases online. My attorney told me to do as much as possible myself and only pay him for the unusual stuff. I even changed my LLC to a Series LLC without him. I am just using him to do real property contracts and closings where I’m not represented by an broker.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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