Form 706—General Information (Appointment of Statutory Agent)
Commentary
This form has been promulgated to comply with the provisions of the Texas Business Organizations Code (BOC) as well as other applicable law regarding a statement of appointment of a statutory agent authorized to receive service of process on behalf of a Texas financial institution under section 201.103 of the Texas Finance Code, an unincorporated nonprofit association under section 252.011 of the Texas Business Organizations Code, and a defense base development authority under section 379B.004(b) of the Texas Local Government Code.
The entity making the appointment may file with the secretary of state an amendment to the appointment to name a new agent, change the agent’s address, or add or change a federal employer identification number. The entity also may file with the secretary of state a cancellation of the appointment. The appointed agent may resign by filing a notice of resignation with the secretary of state and giving notice to the entity that made the appointment.
Consent: Effective January 1, 2010, a person designated as the registered agent of an entity must have consented, either in a written or electronic form, to serve as the registered agent of the entity. By signing this statement, the person designated as agent is accepting the appointment and consenting to serve as an agent to receive service of process on behalf of the entity. The liabilities and penalties imposed by sections 4.007 and 4.008 of the BOC apply with respect to a false statement in a filing instrument that names a person as the registered agent of an entity without that person’s consent. (BOC § 5.207)
Instructions for Form
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Items 1–4—Entity Information: The appointment must state the name of the entity, its federal employer identification number, the type of entity, the statute under which the appointment is made and the address of the entity in Texas or elsewhere.
- Item 5—Agent Authorized to Receive Service of Process: Complete this section with information regarding the agent. The agent can be either (option A) a Texas entity or a foreign entity that is registered to do business in Texas or (option B) an individual resident of the state. Note that the entity may not serve as its own agent and may not appoint the secretary of state as its agent.
- Execution: The appointment of statutory agent for service of process filed by a Texas financial institution or defense base development authority must be signed by an authorized officer of the financial institution or defense base development authority. The appointment of statutory agent for service of process filed by an unincorporated nonprofit association must be signed by a person authorized to manage the affairs of the nonprofit association.
Item 5C must include the street address of the agent where service of process may be delivered or mailed. The registered office must be located at a street address where service of process may be personally served on the entity’s registered agent during normal business hours. Although the registered office address is not required to be the entity’s principal place of business, the registered office may not be solely a mailbox service or a telephone answering service (BOC § 5.201).
In addition, the appointment must also be signed by the person named as the entity’s appointed agent. If the appointed agent is a corporation or other legal entity, the appointment must be signed by an officer or other duly authorized representative of the agent. By signing the appointment, the agent is accepting the appointment and consenting to serve as an agent to receive service of process on behalf of the entity.
The appointment need not be notarized. However, before signing, please read the statements on this form carefully. A person commits an offense under section 4.008 of the BOC if the person signs or directs the filing of a filing instrument the person knows is materially false with the intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the person’s intent is to harm or defraud another, in which case the offense is a state jail felony.
Payment and Delivery Instructions
The filing fee for an appointment by a Texas financial institution or an unincorporated nonprofit association is $25. There is no fee for the appointment of an agent by a defense base development authority.
Online Filing
- For faster processing submit your filing through SOSPortal. You will be prompted to enter all required information through the online filing screens.
- Payments may be made by ACH or credit card (credit card payments include a convenience fee of $0.25 plus 2.25% of total fees).
- Evidence of filing will be emailed to the submitter.
Mail or In Person Filing
- Payments may be made by check or money order.
- Mail filings to: P.O. Box 13697, Austin, TX 78711-3697
- Deliver filings to: 400 W. 15th St., Austin, TX 78701
- Evidence of filing will be mailed to the submitter.
When submitting your filing, do not include:
- These instructions pages
- Duplicate copies of the document
- Personal identifying information (PII)
Including any of these may result in rejection. For questions about SOSPortal, please contact the Secretary of State's office by email.
Revised 09/26
