Form 706 – Appointment of Statutory Agent

Jurisdiction: Country: United States | Province or State: Texas

What is a Form 706 – Appointment of Statutory Agent?

Form 706 is the Texas Secretary of State’s filing to appoint a statutory agent in Texas. In Texas, “statutory agent” and “registered agent” mean the same thing. This is the person or company you name to receive service of process and official state notices on your behalf. The form records who your agent is and where the agent’s Texas business office is located.

You use this form to put the state on notice about your agent. It ties a specific Texas street address to a named agent. That address is your registered office. Lawsuits, subpoenas, tax notices, and compliance mail go there. If you are sued, delivery to your agent at that address counts as delivery to you.

Who typically uses this form?

It depends on your situation:

• A Texas filing entity that needs to appoint or change its registered agent outside of a formation or registration filing.
• A foreign (out-of-state) entity that must keep a Texas agent for service of process.
• An organization that is not a typical filing entity but is required by law to appoint an agent in Texas.
• A business that lost its agent and needs to reappoint one after a resignation.
• A firm that is moving its registered office and wants the public record updated.

Why would you need this form?

Texas law requires most entities that file with the state to maintain a registered agent and registered office. You also need an agent if a statute or court order requires it, even if you are not registering to transact business. Without a valid agent and address, you risk missing lawsuits or deadlines. You can also face administrative penalties or default judgments if service fails.

Typical usage scenarios

• You formed a Texas LLC last year using your friend as agent. Your friend moved to another state. You appoint a new agent and update the registered office using this form.
• Your company converted from a corporation to an LLC. Your prior agent’s information is no longer correct. You use the form to refresh the agent record.
• Your out-of-state company does not need to register in Texas yet, but you are involved in a Texas contract that requires you to appoint an agent. You file the form to meet that condition.
• Your commercial registered agent resigned. You appoint a replacement within the grace period to avoid gaps in coverage.
• You want to switch from an individual agent to a professional agent service with a staffed Texas office. You filed to change both the agent and the office address.

In short, Form 706 ensures someone reliable is always available in Texas to receive legal papers for you.

When Would You Use a Form 706 – Appointment of Statutory Agent?

Use this form when you must appoint, replace, or confirm a statutory agent and registered office for Texas purposes, and you are not making that appointment inside another filing. Many entities appoint an agent in their formation or registration documents. If that did not happen, or if your agent or office changed, you use this standalone appointment.

Practical examples

• Your entity’s internal address changed. Your registered office must be the agent’s business office in Texas, so you need to update the public record to match.
• Your agent resigned. Agents can step down by filing a resignation. That triggers a short window where you must appoint a new agent. You use this form to close the gap.
• You engaged a commercial agent service. You want a staffed Texas address that will not change when your employees do. You file to appoint the company as your agent.
• You are a general partner of a limited partnership. The prior agent no longer maintains a Texas office. You update the agent to avoid service being routed to the state as an agent of last resort.
• You are in-house counsel for a foreign entity that expects to be served in Texas. You are not ready to register to do business. You still appoint an agent so litigation papers can find you.
• You manage an unincorporated association that is subject to suit in Texas. You appoint an agent to streamline service and protect your members from direct service at home addresses.

Typical users include business owners, law firm staff, in-house counsel, corporate secretaries, and compliance managers. If you are responsible for your entity’s public filings or legal intake, this form is in your toolkit.

Legal Characteristics of the Form 706 – Appointment of Statutory Agent

This filing is legally binding once accepted by the filing office. It designates the named person or organization as your agent for service of process at the listed Texas address. That designation continues until you replace it, the agent resigns, and the resignation becomes effective, or the state terminates your registration.

What ensures enforceability?

• Statutory authority. Texas law requires most filing entities to maintain a registered agent and registered office. The appointment on file is the authoritative record.
• Agent consent. Your agent must consent to the appointment in written or electronic form. Some versions of the form include an acceptance signature. If not, you must still obtain and keep the agent’s consent in your records. An agent who did not consent may reject the appointment.
• Proper address. The registered office must be a physical street address in Texas where the agent maintains a business office. A P.O. Box alone is not enough. If service cannot be completed at the registered office, the state may be authorized to accept service on your behalf in certain situations.
• Authorized signature. An authorized person must sign the filing. That can be a manager, officer, general partner, trustee, or another authorized representative. The signer certifies that the information is accurate and that the agent consented.

General legal considerations

• Service of process delivered to your agent at the registered office is a valid service on you. You must monitor that address and keep it current.
• If your agent resigns, there is a short statutory timeline before the resignation becomes effective. Plan to appoint a new agent promptly to prevent gaps.
• Knowingly submitting a false or misleading filing can create civil and criminal exposure. Double-check names, addresses, and file numbers.
• If you fail to maintain a registered agent, your entity can face administrative actions. You also risk default judgments if legal papers do not reach you.
• Effective date matters. Most filings are effective on filing, but you may choose a delayed effective date. Delays can help coordinate mergers, conversions, or office moves. Texas allows only a limited delay period; plan within that window.

Treat this document as part of your service-of-process risk management. Accurate agent data is a frontline defense against missed lawsuits.

How to Fill Out a Form 706 – Appointment of Statutory Agent

Follow these steps. Keep your sentences short. Verify every detail twice.

1) Confirm that this is the right filing

• Use Form 706 to appoint or change a statutory agent and registered office in Texas outside of a formation or registration filing.
• If you are forming a new Texas entity or registering a foreign entity, you typically appoint the agent within that filing. Use this form if you need a standalone appointment or a later change.

2) Gather required information

• Exact legal name of the entity or association.
• Texas file number, if you have one.
• Entity type and jurisdiction (for example, Texas LLC or Delaware corporation).
• Full name of the proposed agent (individual or organization).
• Texas street address for the registered office (the agent’s business office).
• Agent’s written or electronic consent.
• Authorized signer’s name and title.

3) Check agent eligibility

• An individual agent must be a Texas resident with a physical Texas street address.
• An organizational agent must be an organization authorized to do business in Texas with a Texas business office.
• The represented entity cannot act as its own agent.
• The registered office must be the agent’s business office in Texas. No P.O. Box alone. If you include a P.O. Box for mail routing, also include the street address.

4) Complete the top section: represented entity

• Enter the exact legal name as it appears on your formation or registration record. Do not use trade names.
• Add your Texas file number, if assigned. This helps the filing office match the record.
• Provide the entity type and jurisdiction. For example: “Limited Liability Company – Texas,” or “Corporation – Delaware.”

5) State the purpose of the filing

• Indicate that you are appointing a statutory (registered) agent and registered office for service of process in Texas.
• If you are changing an agent or office, select the “change” option if the form provides it. You may be asked to list the current agent and office on record. Match the record exactly to avoid rejection.

6) Identify the statutory agent

• If the agent is an individual:
• Enter the individual’s full legal name.
• Do not include nicknames or initials unless they are part of the legal name.
• If the agent is an organization:
• Enter the legal name of the organization. Do not add “c/o” or a person’s name here.
• You may be able to include an internal mail stop line as part of the address, but the agent’s legal name should be the primary entry.

7) Provide the registered office address

• Enter a Texas street address where the agent maintains a business office.
• Include suite or floor numbers if applicable.
• Do not list a P.O. Box by itself. If you need to include a P.O. Box for mail, put the street address first, then the P.O. Box on a second line.
• Verify the ZIP code. Service delays often start with address typos.

Examples:

• Correct: 1234 Congress Ave., Suite 500, Austin, TX 78701
• Correct with mail routing: 1234 Congress Ave., Suite 500, Austin, TX 78701; P.O. Box 100
• Not acceptable: P.O. Box 100, Austin, TX 78701 (no street address)

8) Include agent consent

• Some versions of the form include a signature block where the agent accepts the appointment. If present, have the agent sign and date.
• If the form uses a certification checkbox instead, you, as the filer, must certify that the agent consented in written or electronic form. Keep that consent with your records. A short consent works:
• “I, [Agent Name], consent to serve as statutory agent and to maintain a registered office at [Address] in Texas.”
• Do not submit a form naming an agent who has not consented. The agent can reject, which can disrupt service.

9) Choose the effective date

• Most filers select “when filed.”
• You may choose a delayed effective date. Texas allows a limited delay period. This helps if you are coordinating:
• A move from one agent to another on a specific date.
• A merger or conversion that changes your public record.
• A lease start date for your new registered office.
• Do not use an effective date that is too far in the future. Stay within the allowed window.

10) Sign the form

• The signer must be authorized. That may be:
• An officer of a corporation.
• A manager or member of an LLC.
• A general partner of a limited partnership.
• A trustee of a business trust or an authorized representative of an association.
• An attorney-in-fact with documented authority.
• Print the signer’s name and title. Sign and date. Electronic signatures are acceptable if the form allows.

11) Prepare attachments, if needed

• If you need extra space for former agent/office information in a change filing, attach an additional sheet. Reference the section number and your entity name.
• If your entity name exceeds the form’s character limits, attach a continuation sheet with the full name, exactly as registered.
• If you are appointing an organizational agent and want to include internal routing lines, include them on an attached cover page. Keep the main form clean and consistent.

12) Review for common errors

• Mismatched names: Compare your entry to your existing state record. Small differences cause rejections.
• Wrong address type: The registered office must be a Texas street address. Verify the county and ZIP.
• Missing agent consent: Make sure you have it, and include the agent’s acceptance if the form requires a signature.
• Unauthorized signer: Confirm the title and authority match your governance documents.
• Effective date issues: If you chose a delayed date, verify it falls within the allowable window.

13) Submit the filing

• A filing fee applies. Confirm the current fee for your entity type.
• You can submit by the accepted methods of delivery. Keep proof of submission and payment.
• Request a file-stamped copy for your records. Store it with your governance documents and calendar the effective date.

14) Update internal records and notify stakeholders

• Send a copy of the filed form to your legal team and registered agent.
• Update your litigation hold procedures and vendor instructions to use the registered office address.
• Revise any contracts or licenses that reference the prior agent or office.

15) Monitor and maintain

• The appointment remains in place until changed or terminated. Review your agent details each year.
• If your agent resigns, calendar the resignation effective date. Appoint a replacement before that date to avoid gaps.
• When you move offices or change agent service providers, file a new appointment promptly. Service disruptions create legal risk.

Practical examples of how to complete key fields

Changing both agent and office:

• Purpose: “Change of statutory agent and registered office.”
• Former agent: “John A. Smith.”
• Former office: “9876 Main St., Suite 100, Houston, TX 77002.”
• New agent: “TX Registered Agent Co., LLC.”
• New office: “1234 Congress Ave., Suite 500, Austin, TX 78701.”
• Agent acceptance: Signed by “TX Registered Agent Co., LLC.”
• Effective date: “Upon filing.”

Appointing the first agent for a foreign entity:

• Entity: “Blue Ridge Holdings, Inc. (Delaware Corporation).”
• Texas file number: If registered, include it; if not, omit or mark “N/A” per form instructions.
• Agent: “Maria Lopez,” Texas resident.
• Office: “2200 Elm St., Dallas, TX 75201.”
• Consent: Keep written consent on file or include the agent’s signature if required.
• Effective date: “10 days after filing” to align with lease start (ensure within allowed window).

• Switching from individual to organizational agent:
• Agent: “Longhorn Commercial Registered Agent, LLC.”
• Office: “500 Travis St., Suite 2100, Houston, TX 77002.”
• Rationale: You want professional mail handling and continuity.

Final quality checklist before submission

• Names and addresses match your records exactly.
• The address is a Texas street address tied to the agent’s business office.
• Agent consent is secured and, if required, signed on the form.
• The signer’s title is correct and authorized.
• The effective date is valid and correctly formatted.
• Attachments are labeled and referenced properly.
• Payment method and fee amount are correct.

By completing Form 706 with care, you establish a clear, enforceable path for service of process. You reduce your litigation risk, keep your public record current, and avoid missed deadlines. Keep your agent’s contact information current, review it annually, and update the filing promptly when anything changes.

Legal Terms You Might Encounter

• Statutory agent (registered agent). Texas uses the term “registered agent.” Many people say “statutory agent.” Both mean the same thing. This is the individual or company you appoint to receive legal papers and official state notices for your entity. Form 706 records that appointment with the state, so courts and agencies know where to send critical documents.
• Registered office. This is the street address in Texas where your agent receives documents. It must be a physical location in Texas where someone is available during normal business hours. A P.O. Box alone does not work. On Form 706, you list this address exactly as mail should appear.
• Service of process. These are legal papers that start or relate to a lawsuit, like a summons or complaint. Your registered agent is the official recipient for service of process. Form 706 ensures there is a reliable, in-state address to receive these papers so you do not miss court deadlines.
• Consent to serve. Your agent must agree to act as your registered agent. This agreement is called consent. In practice, you should have the agent’s written or electronic consent before you file Form 706. Some versions include an acceptance section for the agent to sign. Others require you to keep the consent in your records. Do not appoint someone who has not agreed.
• Governing person or authorized officer. This is the person who has the authority to sign filings for the entity. For a corporation, it is often an officer or director. For an LLC, it may be a manager or member. For a limited partnership, it is a general partner. On Form 706, the signer certifies the information and the authority to make the appointment.
• Domestic vs. foreign entity. A domestic entity is formed under Texas law. A foreign entity is formed under another state’s laws but does business in Texas. Both domestic and foreign entities must maintain a registered agent and registered office in Texas. Form 706 documents or updates that appointment.
• Effective date. This is the date your appointment starts. You can choose to make the appointment effective when filed, or on a later date you specify within the allowable window. If you are switching agents, timing the effective date prevents gaps in coverage.
• Resignation of registered agent. A registered agent can resign. If that happens, you will receive notice and must appoint a new agent within the allowed timeframe. Form 706 is used to appoint a new agent so there is no lapse that could disrupt service of process.
• Commercial registered agent. This is a business that offers registered agent services to multiple entities. You can appoint one if it meets Texas requirements and has a Texas office. On Form 706, you will list the company name and the registered office address they provide.
• Texas file number. When your entity registers in Texas, the state assigns a file number. Form 706 may ask for that number to identify your entity. Use the exact number the state issued to avoid delays.

FAQs

Do you need the agent’s consent before you file?

Yes. Never appoint an agent without consent. Get written or electronic consent dated on or before the appointment date. Some forms include an agent acceptance signature. Others require you to keep the consent in your records. Either way, have clear proof that the agent agreed to serve.

Can you serve as your own statutory agent?

You can, if you are an adult Texas resident with a physical Texas address and you are available during business hours. You cannot use a P.O. Box. If you travel often or work off-site, consider a professional agent to avoid missed deliveries.

Do you need a Texas street address for the registered office?

Yes. The registered office must be a Texas physical address where the agent accepts hand-delivered documents. A P.O. Box alone is not allowed. A mailbox store or virtual office that does not keep regular business hours may lead to rejection or failed delivery.

Does the agent have to sign Form 706?

It depends on the version and instructions. Some forms contain an acceptance block for the agent to sign. Others require you to keep a separate consent on file. If the form includes a signature line for the agent, get the signature. If it does not, maintain a signed consent internally and be ready to show it if requested.

Do you have to file a new appointment if the registered office address changes?

Yes. If the registered office changes, you need to file a change to update the state’s records. If the agent changes, you also file an appointment for the new agent. Do not rely on informal notice. Update the official record so service of process goes to the current address.

Can a non-Texas company act as your agent?

Only if the company is authorized to do business in Texas and maintains a Texas-registered office, the office must be staffed during business hours. Ensure the company provides the exact Texas street address you will list on Form 706.

Do you need to appoint an agent for a sole proprietorship?

Generally no. Sole proprietorships do not file formation documents with the state and usually do not appoint a registered agent. Entities like corporations, LLCs, limited partnerships, and foreign entities authorized to do business in Texas must appoint and maintain a registered agent and registered office.

How long does the appointment take to become effective?

It depends on the filing method and any effective date you choose. Many filings take several business days to process. If you choose a delayed effective date, the appointment starts on that date. If timing matters, file early and confirm acceptance before relying on the new appointment.

What happens if you do not have a registered agent?

You risk missing lawsuits and state notices. The state may allow service on the Secretary of State as an agent of last resort, but you may not learn about it in time. You could face default judgments or administrative consequences. Keep a valid agent and office on file at all times.

Can you use one agent for multiple entities?

Yes, if the agent consents and can meet the obligations for each entity. You must file a separate appointment for each entity. List the correct registered office for each one. Do not assume one filing covers multiple entities.

Checklist: Before, During, and After the Form 706 – Appointment of Statutory Agent

Before signing

• Your entity’s exact legal name, as on state records.
• Texas file number, if already assigned.
• Jurisdiction of formation (state where formed), if not Texas.
• Registered agent’s full legal name.
• Registered agent’s written or electronic consent to serve.
• Registered office street address in Texas (no P.O. Box).
• Your authorized signer’s name and title.
• Effective date choice (immediate or delayed).
• A reliable contact email and phone for correspondence.
• Any internal policy or board approval needed for the appointment.
• Payment method for the state filing fee.
• Plan to notify your agent and internal teams after filing.

During signing

• Verify the entity name matches state records exactly.
• Confirm the Texas file number is accurate and legible.
• Check the agent’s name spelling and any suffix (e.g., Inc., LLC).
• Confirm the registered office is a Texas street address.
• Do not list a mailing address in place of the registered office.
• If the form includes agent acceptance, obtain the agent’s signature.
• Ensure the signer’s title reflects authority (e.g., Manager, Officer).
• Use the correct date format and check the effective date selection.
• Review for blank fields, crossed-out text, or conflicting entries.
• Sign in ink if filing by paper. Keep signatures consistent.
• If notarization is required, complete it without errors.
• Make a clean copy for your records before submitting.

After signing

• Submit the filing using the permitted method (online, mail, or in person).
• Include the correct fee and any required cover sheet.
• Calendar expected processing time and the effective date.
• Monitor for acceptance or rejection notices and respond promptly.
• If rejected, correct the issue and resubmit quickly.
• Send a copy of the stamped filing to your registered agent.
• Update internal compliance calendars and contact lists.
• Store the agent’s consent and the filed document in your records.
• Update contracts, licenses, and website disclosures if they list the agent or office.
• Notify banks, insurers, and key vendors that send legal notices.
• If you changed agents, inform the former agent and confirm the transition.
• Review your entity record to confirm the appointment displays correctly.

Common Mistakes to Avoid Form 706 – Appointment of Statutory Agent

• Using a P.O. Box for the registered office. The registered office must be a Texas street address. A P.O. Box leads to rejection or, worse, missed service. Don’t forget to list a physical address where someone is available during business hours.
• Appointing an agent without consent. If the agent did not agree, they can refuse service or resign. The state may reject your filing, or your appointment may be challenged. Always secure written consent dated on or before the appointment.
• Listing the wrong entity name or file number. Small typos cause big delays. If the name or file number does not match state records, your filing may be rejected. Cross-check the exact legal name, spacing, punctuation, and the file number.
• Missing or improper signature. Filings must be signed by someone with authority. If the capacity is unclear or the agent acceptance is missing (when required), the state may reject the document. Sign with title and date. If notarization is required, complete it properly.
• Creating a gap when changing agents. If your prior agent resigns or you switch agents without overlap, you may miss service. This can result in default judgments or administrative issues. Time your effective date and file promptly to prevent lapses.

What to Do After Filling Out the Form 706 – Appointment of Statutory Agent

1. File with the state. Submit the completed Form 706 with the required fee using an accepted method. Follow the form’s instructions for delivery. If you choose a delayed effective date, verify it complies with the rules.
2. Confirm acceptance. Watch for confirmation from the state. Review the acknowledgment to ensure the entity name, agent name, and registered office match your submission. If anything is off, correct it quickly.
3. Notify your agent. Send your registered agent a copy of the filed document. Confirm they have the registered office details and any service instructions you use internally. Share your preferred point of contact for urgent notices.
4. Update your internal records. Store the signed agent consent and the filed form in your compliance file. Update your corporate record book, minute book, or digital repository. Record the effective date and any renewal reminders.
5. Inform key stakeholders. Notify leadership, legal, compliance, and operations of the agent appointment. Update any playbooks for receiving lawsuits, subpoenas, or government letters. Ensure staff know who handles service of process.
6. Refresh public and contractual references. If contracts, licenses, or your website list your registered agent or registered office, update them. This avoids confusion and ensures third parties send legal notices to the right place.
7. Coordinate changes from a prior agent. If you switched agents, confirm the prior agent stops accepting service on your behalf after the effective date. Ask both agents about any mail received during the transition to avoid missing documents.
8. Monitor for agent resignation or address changes. Your registered agent or office might change over time. If the agent resigns or the office moves, file a change immediately. Avoid any gap that could risk missed service.
9. Plan for multi-entity coverage. If you manage several entities, repeat the appointment process for each one. Track each entity’s registered office, agent consent, and file date. Use a calendar to manage renewals and periodic reviews.
10. Set annual compliance reminders. The registered agent is a key compliance element, but not the only one. Add reminders to confirm the agent’s address, availability, and contact accuracy at least once a year. Review your entity’s broader compliance at the same time.
11. Prepare for corrections or amendments. If you discover an error after filing, submit the appropriate correction or change filing. Do not wait. Fixing the record now reduces risk if you later face litigation or regulatory review.
12. Retain records. Keep the agent consent, filed appointment, and state acknowledgment with your permanent records. Maintain them for as long as the appointment is active, and for a reasonable period after any change or termination.
13. Disengage properly on exit. If you terminate or withdraw your entity’s registration, coordinate with your agent. Make sure you file the necessary termination or withdrawal documents. Confirm the agent’s service ends on the proper date and settle any obligations.