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The Texas 401 form is a document used to officially change the registered agent or office of a business entity in Texas. This form ensures compliance with the Texas Business Organizations Code and helps maintain the legal standing of the entity. Timely submission of this form is crucial, as failure to maintain a registered office and agent can lead to termination or revocation of the entity's registration.

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The Texas 401 form is an important document for entities wishing to update their registered agent or registered office in accordance with state regulations. This form is designed to meet the basic filing requirements outlined in the Texas Business Organizations Code (BOC). It is crucial for any entity, whether a corporation or a nonprofit, to maintain accurate information regarding its registered agent and office, as failing to do so can lead to termination or revocation of registration. The form requires specific details, such as the legal name of the entity, the current registered agent's name, and the address of the registered office. It is also necessary to ensure that the registered office is a physical location where legal documents can be served, rather than just a mailbox or answering service. Changes can be made through this form alone or as part of a broader amendment to the entity's certificate of formation. Additionally, the registered agent must provide consent to serve in this capacity, although that consent does not need to be submitted with the form. The filing process includes paying a fee, which varies depending on the type of entity, and submitting the form to the Secretary of State for processing. Understanding the nuances of this form can help ensure compliance and maintain good standing for any entity operating in Texas.

Dos and Don'ts

When filling out the Texas 401 form, it is essential to follow specific guidelines to ensure a smooth process. Here are six recommendations to consider:

  • Do include the legal name of the entity as it appears in the records of the secretary of state.
  • Do provide the current registered agent's name and address accurately.
  • Do ensure that the registered office address is a physical location, not just a mailbox or answering service.
  • Do have the designated registered agent consent to their appointment, even if you do not submit the consent with the form.
  • Don't attempt to act as your own registered agent; this is not permitted.
  • Don't forget to pay the appropriate filing fee, as failure to do so may delay processing.

By adhering to these guidelines, individuals can avoid common pitfalls and ensure that their changes are processed efficiently.

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What is the Texas 401 form used for?

The Texas 401 form is used to change the registered agent or registered office of a business entity in Texas. This is important for ensuring that legal documents can be served to the business properly. If a business changes its address or agent, it must file this form promptly to avoid penalties or termination of its registration.

What are the requirements for the registered office address?

The registered office address must be a physical street address where the registered agent can be served during normal business hours. It cannot be just a mailbox or a telephone answering service. Additionally, the registered office address should be the same as the registered agent’s business address.

How do I complete the Texas 401 form?

To complete the Texas 401 form, follow these steps:

  1. Provide the legal name of the entity and the current registered agent's name.
  2. Include the current registered office address.
  3. Specify the changes to the registered agent or office address in the appropriate sections.
  4. Sign the form, affirming that the registered agent has consented to the appointment.

Make sure to double-check all information for accuracy before submission.

What are the filing fees for the Texas 401 form?

The filing fee for submitting the Texas 401 form is $15. However, if the entity is a nonprofit corporation or a cooperative association, the fee is reduced to $5. Payments can be made via personal checks, money orders, or credit cards, but be aware that credit card payments incur a convenience fee of 2.7%.

How to Use Texas 401

Filling out the Texas 401 form is an essential step for entities looking to change their registered agent or office. After completing the form, it must be submitted to the Secretary of State for processing. Ensure that all required information is accurate to avoid delays.

  1. Entity Information: Fill in the legal name of the entity as it appears in the Secretary of State's records.
  2. Provide the file number assigned to your entity by the Secretary of State.
  3. Enter the name of the current registered agent as recorded.
  4. List the current registered office address, including street, city, state, and zip code.
  1. Changes to Registered Office and/or Registered Agent: In this section, indicate whether you are changing the registered agent, the registered office, or both.
  2. If changing the registered agent, select either option A (an organization) or option B (an individual resident of Texas). Provide the necessary details for the selected option.
  3. If changing the registered office, fill in the new street address, ensuring it is not a P.O. Box. Confirm that this address is the same as the registered agent’s business address.
  1. Statement of Approval: Confirm that the change has been authorized by the entity as required by law.
  2. Effectiveness of Filing: Choose one option (A, B, or C) to indicate when the change will take effect. Provide any necessary dates or conditions for options B and C.
  3. Execution: The document must be signed by an authorized person. Ensure that the person designated as the registered agent has consented to this appointment.

Once the form is completed, submit it in duplicate along with the appropriate filing fee to the Secretary of State. You can mail, fax, or deliver it in person to the designated address. Keep a copy for your records, as you will receive a stamped copy back after processing.

Common mistakes

Filling out the Texas 401 form can seem straightforward, but many people make common mistakes that can delay processing or even lead to rejection. One significant error is failing to provide complete and accurate entity information. The form requires the legal name of the entity, the current registered agent, and the registered office address. Omitting any of these details can create confusion and result in the form being sent back for corrections.

Another frequent mistake involves the selection of the registered agent. Individuals often do not realize that the registered agent cannot be the entity itself. Instead, it must be either a domestic or foreign entity registered to do business in Texas or an individual resident of the state. Misunderstanding this requirement can lead to the appointment of an invalid agent, which could jeopardize the entity's compliance status.

People also tend to overlook the importance of the registered office address. This address must be a physical location where the registered agent can be served during normal business hours. Some individuals mistakenly use a mailbox service or a telephone answering service, which is not allowed. Ensuring the address meets the legal requirements is crucial for maintaining good standing.

Additionally, many filers forget to include the statement of approval. This section confirms that the changes have been authorized by the entity according to the Texas Business Organizations Code. Without this affirmation, the form may not be considered valid, leading to unnecessary delays in processing.

Lastly, payment errors can also hinder the filing process. The fee for submitting the Texas 401 form varies depending on the type of entity. Nonprofits and cooperative associations pay a reduced fee, while other entities must pay the standard rate. Failing to include the correct payment method or amount can result in the form being returned. To avoid this, double-check the payment instructions and ensure that all fees are correctly calculated and included.

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