SECTION 79.29. Consent to Serve as Registered Agent

(a) Form. Section 5.201(b), Texas Business Organizations Code, requires the secretary of state to develop the form of consent required to be obtained from a person designated or appointed as the registered agent of a represented entity. The consent to serve as the registered agent of a represented entity may be in a written or electronic form. A written or electronic consent to serve as registered agent must contain:

(1) the name of the represented entity;

(2) an express statement of consent to serve as the entity's registered agent;

(3) the name of the registered agent;

(4) the signature of the registered agent; and

(5) the date of execution.

(b) Promulgated Form Not Mandatory. The secretary of state has promulgated a form for this purpose; however, use of such form is not mandatory. See Form 401-A, available at http://www.sos.state.tx.us/corp/forms_boc.shtml.

(c) Retention of Form. Filing a statement of consent to serve as registered agent with the secretary of state is not required; the represented entity should retain the consent of the person designated as registered agent in its own records.

(d) Permissive Filing with Secretary of State. A statement of consent of registered agent will be maintained in the records of the secretary of state when:

(1) the statement is submitted simultaneously with a registered agent filing; or

(2) the statement is submitted separately with the fee specified under subsection (f) of this section.

(e) Indexing a Filed Statement of Consent. A statement of consent that is submitted simultaneously with a registered agent filing will be filed and indexed as part of the registered agent filing. A statement of consent that is submitted separately for purposes of recordation with the secretary of state will be filed and indexed as a separate record.

(f) Fees. Except for statements filed pursuant to subsection (d)(1) of this section, the fee for filing a statement of consent to serve as registered agent for a domestic or foreign represented entity is the same fee imposed for the entity type under Chapter 4 of the Business Organizations Code for the filing of an instrument for which no fee is specified; namely, $15, unless the represented entity is a nonprofit corporation, cooperative association, unincorporated nonprofit association, or credit union. The fee imposed for a statement of consent submitted by a nonprofit corporation, cooperative association, unincorporated nonprofit association or credit union is $5. There is no fee for filing a statement of consent to serve as registered agent submitted pursuant to subsection (d)(1) of this section.

Source Note: The provisions of this §79.29 adopted to be effective January 1, 2010, 34 TexReg 9395