Form 707—General Information (Amendment to Appointment of Statutory Agent)

Form 707 (PDF)

The attached form is drafted to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney and tax specialist.

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 amendments to an 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.

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 services 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

Items 1–4—Entity Information: The amendment must state the name of the entity, the file number assigned to the entity by the secretary of state, the type of entity, and the statute under which the appointment was made.
Item 5—Agent Authorized to Receive Service of Process: Complete this section if the name or address of the person authorized to serve as the agent for service of process has changed. 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 appointed agent and may not appoint the secretary of state as its agent.

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).

Items 6–8—Other Amendments: Complete this section if the name of the entity or the principal office address of the entity has been changed. This section should also be completed if the entity wishes to add or change its federal employer identification number.
Execution: The amendment to an 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 amendment to an 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.

In addition, the amendment must also be signed by the person named as the entity’s appointed agent if the name or address of the agent is being amended. If the appointed agent is a corporation or other legal entity, the amendment must be signed by an officer or other duly authorized representative of the agent. By signing the amendment, the agent is accepting the appointment and consenting to serve as an agent to receive service of process on behalf of the entity.

The amendment to 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 amendment to appointment is $15 for a Texas financial institution and $5 for an unincorporated nonprofit association. There is no fee for the amendment to 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.