A person can be a registered agent if they are a resident of Texas and have consented to be a registered agent. This can include any person who is an employee, officer or owner of the business, but it may be any third party that has agreed to serve as the registered agent. An organization may be a registered agent if they are authorized to do business in Texas, and have similarly consented to be the registered agent. In fact, there are companies whose entire business is to serve as the registered agent for various entities. Failure to secure the consent of the person or entity being listed as the registered agent may constitute the filing of a false instrument and may open the entity who filed the instrument, and any person who directed or signed the document up to potential civil liability and criminal charges, so it is vitally important to obtain a signed written consent of the registered agent and it is advisable for the entity to file this document among the entity’s corporate books/papers.
By Iain Berry
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