Form 708 – Resignation of Appointed Statutory Agent

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

What is a Form 708 – Resignation of Appointed Statutory Agent?

Form 708 is the document a registered (statutory) agent files with the Texas Secretary of State to resign from serving as an entity’s agent for service of process in Texas. In Texas practice, “registered agent” and “statutory agent” refer to the same role. The agent is the designated person or company authorized to receive lawsuits, legal notices, and official mail on behalf of a business.

When you file this form, you are giving official notice to the state and to the represented entity that you will no longer serve as the agent. The filing triggers a statutory timeline. Your resignation becomes effective by law after a set period unless the entity appoints a new agent sooner. Until it becomes effective, you remain the agent of record and must accept service and official notices.

Who typically uses this form?

Any individual or business that has agreed to serve as an entity’s registered agent in Texas and now needs to step down. That includes:

• Individuals who agreed to be an agent for a friend’s or client’s company.
• Law firms and professional service firms that serve as agents for client entities.
• Commercial registered agent companies manage many client entities.
• Internal employees or officers who previously acted as agents for the company.

Why would you need this form?

The reasons vary, but the core need is to end your legal obligation as the agent of record and stop receiving service of process for the entity. If you have ended your professional engagement, cannot reach the client, are not being paid, are retiring, or wish to avoid the risk of missed legal notices for an unresponsive entity, this is the proper tool. It lets you exit the role lawfully and on a defined timeline.

Typical usage scenarios

• You agreed years ago to act as an agent for a startup. The founders moved on, and you no longer have contact information. You cannot keep the risk and administrative burden. You resign.
• Your firm provided registered agent services for a client who has become inactive and stopped paying. You resign to stop forwarding mail and to limit malpractice risk.
• Your company is consolidating operations in another state. You no longer want to maintain a Texas presence or staff to handle service. You resign from all affected Texas entities.
• You have a conflict of interest with the represented entity or its owners. To avoid ethical issues, you resign as a gent.
• The entity has dissolved or is in the process of winding up. You resign to remove yourself from service obligations during the windup period.

In each case, the form ensures an orderly transition. It places the entity on notice and provides the state a clear record that you have exited the role.

When Would You Use a Form 708 – Resignation of Appointed Statutory Agent?

You use this form when you are the current registered agent of record for a Texas filing entity or a foreign entity registered to do business in Texas, and you want to terminate that appointment. This is not a form the company files. It is filed by you, the agent, to unilaterally resign from the appointment.

Consider a solo attorney who once agreed to be an agent for several client LLCs. The clients have stopped responding, and mail is piling up. The attorney cannot risk missing service of process. Filing Form 708 for each entity ends the appointment on a predictable schedule. It also prompts the company to appoint a new agent.

A professional registered agent company may use the form when it drops a client for nonpayment or persistent noncompliance. The company sends a written notice to the client’s last known address and files the form. The resignation becomes effective after the statutory waiting period unless the client appoints a new agent sooner.

An internal officer may have been listed as an agent during formation. Later, they leave the company. Updating internal records is not enough. They file the form to resign, so service no longer follows them. This is especially important if the company does not promptly file its own agent change.

You may also use the form when the registered office you provide is being closed or relocated. If you will not continue at the prior registered office, resignation makes that clear. The company then must appoint a new agent and office.

If you represent multiple entities, you file a separate resignation for each represented entity. This keeps each entity’s record accurate. It also avoids confusion about who is the agent of record.

Legal Characteristics of the Form 708 – Resignation of Appointed Statutory Agent

This filing is legally binding because Texas law requires every filing entity and registered foreign entity to maintain a registered agent and registered office in the state. The law also provides a statutory mechanism for an agent to resign. Once you file a compliant resignation and give proper notice to the entity, the law sets the effective date. The state’s acceptance of your filing and the passage of the statutory waiting period make your resignation enforceable.

What ensures enforceability?

Three things:

• Statutory authorization. Texas law describes who can resign, what the statement must include, and when the resignation becomes effective. You are operating within those requirements when you file Form 708.
• Proper notice. You must send written notice of your resignation to the represented entity at its last known address on or before the date you file with the Secretary of State. The form requires you to identify the address used. Keeping proof of mailing protects you if the entity later claims it never received notice.
• Proper filing with the Secretary of State. The state’s acceptance of the filing and the lapse of the statutory period effectuate your resignation, unless the entity appoints a new agent sooner.

The resignation does not become effective immediately. By statute, there is a waiting period after filing. During this period, you remain the agent of record. You must continue to accept service and official mail. Once the resignation takes effect, you are no longer obligated to forward service or state notices. If the entity does not appoint a new agent, it will be out of compliance. That can lead to administrative penalties, including the inability to obtain good standing or, in some cases, involuntary termination or revocation.

The filing also affects the registered office if you provided that office. The resignation may state that the registered office is discontinued. That tells the state and the entity that service should not be sent there after your resignation takes effect.

Finally, because this is a statutory filing, accuracy matters. The entity’s exact legal name and the state file number are critical. A mismatch can delay acceptance or undermine the filing. The signature must be by the agent or an authorized signatory of the agent organization. Texas requires original or properly authenticated signatures for acceptance.

How to Fill Out a Form 708 – Resignation of Appointed Statutory Agent

Follow these steps to complete and file the form correctly. Plan your timeline so you can give notice and file without gaps in coverage or confusion.

1) Confirm you are the current agent of record

• Check the entity’s most recent filing or state record to confirm you are listed as the registered agent. If you are not the current agent, you do not need to file this form. If you are, proceed.

2) Gather key information

• Exact legal name of the represented entity as on file with Texas.
• Texas Secretary of State file number for the entity.
• Entity type (for example, LLC, corporation, nonprofit, limited partnership).
• Jurisdiction of formation (for foreign entities registered in Texas).
• Current registered office address on file.
• Your full legal name as registered agent (or the legal name of your agent company).
• The last known mailing address of the represented entity for the required notice.

Use the name and file number exactly as they appear in state records. Small name differences can cause processing issues.

3) Prepare and send the required notice to the entity

• Draft a simple notice stating that you are resigning as the registered agent for the entity, identify the entity by its exact name and file number, and specify the date of the notice.
• Address the notice to the entity’s last known address. If you have more than one good address, send to each.
• Use a verifiable delivery method. Certified mail with return receipt, courier with tracking, or another method that provides proof of delivery is best.
• Keep copies of the notice and proof of mailing. You will need the address used for the form. You may need evidence if questions arise later.

You must send or deliver this notice on or before the date you file Form 708. Do not skip this step. Lack of notice can delay the effective date or lead to rejection.

4) Complete the form fields carefully

While the layout may vary slightly, the form typically requests the following:

Represented entity

• Enter the entity’s exact legal name as on file in Texas.
• Provide the Texas file number. This number is essential for state processing.
• If the entity is a foreign entity registered in Texas, list its home jurisdiction.

Resigning agent

• Enter your full legal name as it appears in the state record. If the agent is a company, use the company’s legal name.
• If you are a business entity agent, you may also include your organizational form (for example, LLC or corporation).

Statement of resignation

• Include a clear statement that you resign as the appointed statutory (registered) agent for the named entity.
• If you provided the registered office and will be discontinuing that office, include the statement that the registered office is discontinued. Use the exact registered office address as on file.
• Acknowledge that you have given or will give notice to the entity on or before the filing date.

Address used for notice

• Enter the last known address of the entity to which you sent the resignation notice. This is a required disclosure. It evidences compliance with the notice requirement.

Effective date

• The resignation will take effect by statute after a waiting period following filing, unless the entity appoints a new agent earlier. Do not try to set an earlier effective date. Do not backdate.
• If the form provides an optional delayed effective date that is permitted by law, ensure any delay is within the permissible window. If uncertain, use the statutory default.

• Contact information for filing acknowledgment
• Provide an email or mailing address for the state to send the filing acknowledgment or any correspondence. This does not change your obligation to accept service until the effective date.

5) Sign the form correctly

• If the agent is an individual, you sign. Use your legal name as it appears on the form. Add your title only if relevant.
• If the agent is an organization, an authorized officer, manager, or other authorized person must sign on behalf of the organization. Print the signer’s name and title.
• The signature certifies the truth of the statements, including that notice was or will be given. Do not sign until the notice step is complete or contemporaneous.

6) Prepare any attachments or schedules

• If the form instructs you to attach an additional page for long names, addresses, or statements, include those pages.
• If you are resigning from multiple entities, prepare and file a separate resignation for each entity unless the form explicitly allows a single filing with a schedule. Using separate filings helps avoid processing delays and record errors.

7) Include the state filing fee

• Include the required filing fee. If you pay by check or money order, make it payable as the form instructions direct. If you pay by card, follow the payment authorization instructions.
• Submitting the wrong fee can delay processing. Confirm the current fee and payment methods before you file.

8) File with the Texas Secretary of State

You have several filing options:

• Online filing through the state’s electronic filing system.
• Mail delivery with payment enclosed.
• Courier or in-person delivery.
• Fax filing if you include the required payment authorization.

Choose one method. Do not submit the same filing multiple times by different methods. Keep a copy of what you file.

9) Track acknowledgment and calendar the effective date

• When the Secretary of State accepts your filing, you will receive an acknowledgment with the file-stamped date.
• Calendar the statutory effective date. Your resignation will take effect after the statutory waiting period from the date the state receives your filing, provided you sent notice on or before that date. If the entity appoints a new agent before that date, your resignation is effectively accelerated as to your responsibilities.
• Continue to accept service and forward official mail until the resignation is effective.

10) Notify interested parties as needed

• If you are part of a professional services firm, notify the internal mailroom and docketing teams of the pending effective date.
• If you receive service or state notices during the waiting period, handle them promptly. Do not reject service until the resignation is effective.

11) Understand post-effective consequences

• After the effective date, you have no further obligation to accept service for the entity.
• If the entity has not appointed a new agent, it is out of compliance. The state may accept service on the entity in certain circumstances, and the entity risks administrative consequences. That is the entity’s responsibility, not yours.
• Keep your proof of filing and proof of notice in your records.

Common pitfalls to avoid

• Failing to give notice to the entity on or before filing. This is a statutory requirement. Use a trackable method and keep proof.
• Using the wrong entity name or omitting the Texas file number. Exact matches matter for processing.
• Forgetting to list the address where you sent the notice. The form requires it.
• Trying to make the resignation effective immediately. The statute sets the timeline.
• Not signing as the correct party. Only the agent (or its authorized officer) can sign this form.
• Assuming your role ends when you mail the form. You remain the agent until the resignation is effective by law.

Real-world example

You are a CPA who has served as a registered agent for a client’s LLC. The client sold the business and moved. You no longer have the current contact information. You prepare a resignation notice to the LLC at the last known address from your file and send it by certified mail. The same day, you complete Form 708 with the LLC’s exact legal name, Texas file number, your name as agent, and the address used for notice. You sign the form and file it with the Secretary of State, paying the required fee. You receive a stamped acknowledgment showing the filing date. You calendar the effective date based on the statutory waiting period. During that period, you keep accepting mail and service. If a lawsuit arrives, you promptly forward it to the last known address and to any email contact you have. After the waiting period ends, your resignation takes effect. You are no longer the agent of record. If the LLC fails to appoint a new agent, that is their compliance issue, not yours.

A note on registered office discontinuance

If you are also providing the registered office address (for example, your firm’s address), you can state that the registered office is discontinued as part of your resignation. This helps ensure service is not attempted at that location after your resignation becomes effective. Be accurate about the address and avoid confusion with any other entities you may still represent at the same office.

Foreign entities registered in Texas

If you are resigning as an agent for a foreign entity, the process is the same. Your resignation affects only the Texas registered agent appointment. It does not affect the entity’s home jurisdiction. The entity must appoint a new Texas agent to keep its Texas registration in good standing.

If you need to resign from many entities

Prepare a repeatable process. Generate a list of each entity’s exact name and file number. Send individual notices to each entity’s last known address. File separate resignations, each with its own notice details and fee. Track acknowledgments and effective dates for each entity. This reduces errors and helps your team handle any service during the waiting periods.

By following these steps, you complete Form 708 correctly, protect yourself during the transition, and exit the registered agent role in Texas in a clean, defensible way.

Legal Terms You Might Encounter

• When you prepare Form 708 – Resignation of Appointed Statutory Agent, you will see familiar business terms used in a specific way. Understanding these will help you complete the form correctly and plan what happens next.
• A statutory agent (also called a registered agent) is the individual or company the entity designates to receive official mail, legal papers, and government notices. Form 708 is the instrument you use to resign from that role for a specific entity. Until your resignation becomes effective, you remain the statutory agent and must accept service.
• The registered office is the street address on file where the statutory agent receives service of process and official mail. On Form 708, you confirm the entity you are resigning from and the address on record so the filing office can match your resignation to the right entity. This address must be a physical location in Texas, not a P.O. box.
• Service of process refers to the delivery of legal documents, such as lawsuits or subpoenas. Your core duty as a statutory agent is to receive these documents. After you file Form 708, you are still responsible for service delivered to you until the resignation takes effect. You should continue to forward all documents promptly to the entity.
• The entity means the business or organization you represent, such as a corporation, LLC, or nonprofit. Form 708 identifies the entity by its legal name and the file number assigned by the filing office. Use the exact name and file number on record to avoid misapplied filings and delays.
• The effective date of resignation is the date your duties officially end. Your resignation does not take effect the day you file. State law builds in a waiting period so the entity has time to appoint a new agent. Expect roughly a month from filing, unless the entity appoints a new agent sooner. Plan to keep accepting and forwarding service during that window.
• Notice of resignation is the written notice you must deliver to the entity before or when you file Form 708. The form asks you to state when and how you delivered that notice. Use a method you can prove, like certified mail or courier, so you can document that you complied if questions arise.
• Governing authority means the people who manage the entity, such as managers, directors, or general partners. When you send your notice of resignation, send it to the entity at its principal office or to the attention of a governing authority. Keep copies. The form calls for the address where you sent the notice.
• The file number is the unique identifying number that the filing office assigned to the entity. You include it on Form 708 so the office can match your resignation to the correct record. You can find it in your prior appointment filings or on correspondence from the filing office.
• A replacement agent is the new statutory agent the entity appoints after you resign. You do not appoint your successor. The entity must file a separate change-of-agent document to put the new agent on record. Your resignation may become effective sooner if the entity’s replacement filing is accepted before the waiting period ends.
• Certificate or statement of correction is a filing used to fix a material error in a previously accepted filing. If you discover a mistake after Form 708 is accepted, you may need to submit a correction filing or refile a clean resignation if the original was not recorded as intended. If the error is caught before acceptance, submit a corrected version promptly.

FAQs

Do you have to notify the entity before filing Form 708?

Yes. You must deliver written notice of your intent to resign to the entity before or when you file Form 708. The form asks for the date and manner of delivery. Use a traceable method and keep proof, such as a certified mail receipt. If you skip notice or cannot prove it, your filing can be delayed or questioned, and you may remain the agent longer than you intend.

Do you remain the agent after filing, and for how long?

Yes. Filing Form 708 does not immediately end your duties. There is a statutory waiting period built into the process. In practice, plan for your resignation to take effect about a month after the filing office receives your form, unless the entity appoints a new agent earlier. During that time, you must continue to accept and forward service of process and official mail.

Do you need the entity’s consent or signature on Form 708?

No. Form 708 is signed by you, the resigning agent. You certify that you sent notice to the entity and provide details of that delivery. The entity does not sign your resignation and cannot block it. However, you should send a courteous reminder to the entity to appoint a new agent. That reduces their risk and can end your duties sooner.

Do you need to give a reason for resigning?

No. You do not have to state why you are resigning. The filing office only needs the information required by the form: the entity’s exact name and file number, your name as agent, the registered office on record, how and when you notified the entity, and your signature. Keeping the filing factual and complete helps it process quickly.

Do you need to file a separate Form 708 for each entity you represent?

Yes. You file one resignation per entity. If you represent multiple entities, prepare and file a separate Form 708 for each one. Do not list multiple entities on one form. Create a tracking list with the entity name, file number, date you sent notice, date you filed, and expected effective date. That prevents gaps and missed follow-ups.

Do you need to notarize Form 708 or attach extra documents?

No notarization is typically required. You do not need to attach the notice you sent to the entity, but you should keep it, along with proof of delivery, in your records. Include only what the form asks for. Submitting extra pages that the office did not request can slow processing. If you are filing by mail, include the correct fee and a cover page with your contact details for return.

Do you have to keep accepting service after the effective date?

No. Once your resignation is effective, your duty to accept service for that entity ends. If you receive service after that date, you are not obligated to accept it. As a courtesy, you can direct the sender to the filing office to confirm the entity’s current registered agent or return the document stating you are no longer the agent. Always document what you received and when.

Do you need to provide a forwarding address for the entity?

You are not required to provide a forwarding address for the entity’s internal operations. You need to state the address where you sent the resignation notice. That is usually the entity’s principal office or last known address in your records. If you have multiple addresses, use the most recent one that the entity provided to you in writing, and keep proof of your mailing.

Do you need to pay a fee to file Form 708?

A filing fee may apply. Verify the current amount and acceptable payment methods before you submit. If you mail your filing, include payment in the requested form and amount. If you file in person or electronically, follow the stated payment instructions. Submitting the wrong fee can lead to rejection or processing delays, which extend your time as an agent.

Do you need to take extra steps if the entity is a foreign filer?

The resignation process for a foreign entity registered in Texas is similar. You still file Form 708 and notify the entity. Use the foreign entity’s exact name as registered in Texas and include its Texas file number. The effective date rules and your duties during the waiting period are the same. Encourage the entity to appoint a new Texas-registered agent quickly to avoid compliance issues.

Checklist: Before, During, and After the Form 708 – Resignation of Appointed Statutory Agent

Before signing

• Exact legal name of the entity as recorded.
• Texas file number for the entity.
• Registered office address currently on record.
• Your full name as statutory agent (match prior filing).
• The entity’s principal office or last known address for notice.
• Proof-ready method to deliver your resignation notice (e.g., certified mail).
• Date you will send or have sent notice.
• Your contact information for filing questions.
• Payment method for the filing fee.
• Internal calendar for the expected effective date and follow-up.

During signing

• Confirm the entity name matches the record exactly, including punctuation.
• Verify the file number is correct and legible.
• State the date and method of your notice to the entity.
• Confirm the address used for notice is accurate and current.
• Review the registered office address to ensure it matches the record.
• Sign the form as the resigning agent; print your name and date.
• Do not add extra terms or your own effective date.
• Check that all required fields are complete; leave no blanks.
• Prepare a clean copy for your records before filing.

After signing

• File Form 708 with the Texas Secretary of State using your chosen method.
• Include the correct fee and any required transmittal information.
• Keep proof of filing (mail receipt, delivery confirmation, or submission record).
• Keep your proof of notice to the entity in the same file.
• Calendar the expected effective date; set reminders.
• Continue accepting and forwarding service until the resignation is effective.
• Send a courtesy reminder to the entity to appoint a new agent immediately.
• Once accepted, store the stamped copy with your records for at least five years.
• Update your internal client list and remove the entity after the effective date.

Common Mistakes to Avoid Form 708 – Resignation of Appointed Statutory Agent

• Not sending notice to the entity. If you do not deliver written notice and document it, your filing can be delayed or rejected. You also risk disputes about whether your resignation is valid. Don’t forget to use a trackable delivery method and keep proof.
• Using the wrong entity name or file number. A mismatch can cause the filing office to apply your resignation to the wrong record or not at all. The result: you remain the agent and must keep performing duties. Double-check the name and file number against official correspondence before you file.
• Assuming your resignation is immediate. Your duties do not end when you submit the form. There is a built-in waiting period, and it can last about a month. If you stop accepting service too soon, the entity can miss critical legal deadlines. Calendar the effective date and maintain coverage until then.
• Filing one form for multiple entities. Combining entities on one form leads to rejection. Each entity needs its own Form 708. If you are leaving multiple accounts, batch your filings, but keep separate proof of notice and separate filing receipts.
• Ignoring service during the waiting period. You must continue to accept and forward service after you file Form 708 and before it becomes effective. If you fail to forward documents, the entity can face default judgments or penalties. Keep your forwarding process active and documented until your role ends.

What to Do After Filling Out the Form 708 – Resignation of Appointed Statutory Agent

1. File the form with the Texas Secretary of State and include the required fee. If you mail it, use a trackable service and include a return address. If you file in person or electronically, keep the submission receipt. Store a complete copy of what you filed.
2. Monitor acceptance. Watch for confirmation that the filing office accepted your resignation. If you receive a rejection, correct the issues right away and resubmit. Common fixes include correcting the entity name, file number, or notice details.
3. Calendar the effective date and keep performing agent duties until then. Continue to accept service of process and official mail. Forward everything promptly to the entity using the address you have on file, and document each transmittal.
4. Encourage the entity to appoint a new agent at once. Share the expected effective date with them. Their replacement filing can shorten your obligation period if it is accepted before the waiting period ends. Offer a brief checklist so they can act quickly.
5. Handle amendments or corrections if needed. If you made a material error and the filing is not yet accepted, submit a corrected Form 708 immediately. If the filing has already been accepted with an error, consider a correction filing or contact the filing office for the best procedural fix.
6. Close out your records after the effective date. Update your client list and remove the entity from your active registered agent roster. Archive the resignation, proof of notice, proof of filing, and acceptance confirmation. If you receive misdirected service after the effective date, document it and return or redirect it, noting that you are no longer the agent.
7. Distribute key documents internally. Share the acceptance and effective date with your compliance and mailroom teams. Confirm that no further mail is being received at the registered office for the entity after the effective date.