How to Fill Out Texas Form 401 (w/Examples) + FAQs

Texas Form 401 is the Change of Registered Agent/Registered Office filing that every Texas business entity uses to update the agent or address on file with the Texas Secretary of State. Filing it keeps the entity in good standing under the Texas Business Organizations Code §§ 5.201–5.207, which require every domestic and foreign filing entity to continuously maintain a registered agent and a registered office in Texas.

Failing to keep this information current is not a small paperwork issue. The Secretary of State can begin involuntary termination or revocation proceedings against an entity that fails to maintain a registered agent, and service of process sent to a stale address can result in a default judgment the owner never sees. According to the Texas Secretary of State’s annual business entity statistics, more than 3.2 million active entities are on file, and registered agent changes are among the top five most common amendment-type filings each year.

• 📝 How to complete every line and box on the current revision of Form 401 (Form 401, Revised 05/11) using the official PDF from the Texas Secretary of State.
• 💼 Three full named-filer walkthroughs covering an LLC, a corporation, and a foreign entity.
• 💵 The exact $15 fee (or $5 for nonprofits), expedited handling charges, and accepted payment methods for each filing channel.
• 🚫 The most common mistakes that trigger rejection letters or processing delays at the Corporations Section.
• ❓ Twelve plain-English FAQs answering the field-level questions filers ask most often.

What Form 401 Is and Who Must File It

Form 401 is the official statement of change a Texas filing entity uses to amend the registered agent name, the registered office address, or both. The form is promulgated by the Texas Secretary of State under the authority of BOC § 5.202, which sets the procedure for changing the agent or office through a sworn statement signed by an officer, manager, member, or other authorized representative of the entity. The Corporations Section processes the filing, updates the public record, and returns a file-stamped copy to the filer.

Every domestic filing entity must file Form 401 when its registered agent resigns, dies, is replaced, or moves. That includes for-profit corporations, nonprofit corporations, professional corporations, professional associations, limited liability companies, professional limited liability companies, limited partnerships, and limited liability partnerships organized in Texas. Foreign filing entities registered to transact business in Texas must also use Form 401 — the same form covers both domestic and foreign entities.

A common misconception is that only the registered agent can sign Form 401, but that is wrong. The entity itself signs the form through an authorized officer, manager, member, partner, or attorney-in-fact. The registered agent’s separate written consent — usually Form 401-A — is required behind the scenes, but the agent does not sign Form 401 itself.

Sole proprietorships, general partnerships, and most trusts do not file Form 401 because they are not filing entities under the BOC. Series LLCs file a single Form 401 for the parent LLC, not one per series, because each series shares the parent’s registered agent under BOC § 101.602.

Before You Start: Documents and Information You Need

Gather every piece of information before opening the PDF. The Corporations Section rejects filings for missing or inconsistent data more often than for substantive errors, and a rejection adds two to four weeks to the process under current SOS processing time estimates.

• Entity legal name exactly as it appears on the public record. Pull this from your most recent SOS filing or a SOSDirect entity search; even a missing comma triggers rejection.
• Texas SOS file number. This is the 10-digit number assigned at formation, printed on every filed document; without it the clerk cannot match your filing.
• Date of formation or registration. Required so the SOS can verify the right entity when two entities share similar names.
• Current registered agent name and registered office address on file. You must list the old information so the SOS knows what to replace.
• New registered agent’s full legal name. For an individual, use the name on the agent’s driver’s license; for a registered agent company, use the exact company name listed in the SOS database.
• New registered office street address in Texas. P.O. boxes are not allowed under BOC § 5.201(b)(3); the address must be a physical Texas street where the agent can be served during business hours.
• Signed consent from the new agent. Use Form 401-A or a written consent that meets BOC § 5.2011; without it, the appointment is invalid even after Form 401 is filed.
• Authorized signer’s name, title, and contact information. The signer must have legal authority to bind the entity.
• Payment method. $15 for most entities, $5 for nonprofit corporations and cooperative associations, payable to the Secretary of State.
• Return delivery details. Email address, fax number, or mailing address where the file-stamped copy should be sent.

Where to Get the Form and How to Access It

The only authoritative copy of Form 401 lives on the Texas Secretary of State’s business and nonprofit forms page. Always download the PDF fresh; third-party websites sometimes host outdated revisions, and the SOS will reject a filing that uses a superseded form if the field structure has changed. The current revision is dated 05/11 and is printed in the lower-left corner of page 1 of the official PDF.

Filers with a SOSDirect account can complete the change electronically inside the SOSDirect portal without using the PDF at all. The portal generates the same legal filing and is the fastest channel — most online filings are processed within three to five business days. A SOSDirect account requires a credit card on file and an annual $1.00 statutory fee.

Paper filers should print Form 401 on plain white 8.5 x 11 paper, single-sided, in black ink. Do not staple, hole-punch, or bind the form, and do not print on legal-size paper because the imaging system at the Corporations Section is calibrated for letter-size scans. A misconception is that double-sided printing saves processing time; in fact, two-sided forms are routinely returned for re-submission.

If you cannot download the form, you can request a paper copy by calling the Corporations Section at (512) 463-5555 or emailing corpinfo@sos.texas.gov. The office will mail a blank form within five business days, but using the website is always faster.

Step-by-Step: How to Fill Out Texas Form 401 Line by Line

Form 401 is a single two-page document with a heading, six numbered sections, an effectiveness section, and a signature block. Complete each section in order, using black ink or a typewriter-style PDF font. Sample entries below are italicized so you can tell them apart from instructions.

Heading: Form Title and Agency Address

The top of page 1 reads “Change of Registered Agent/Registered Office” and lists the Corporations Section’s mailing address. You do not write anything in the heading itself — it is preprinted — but confirm the form says “Form 401” in the lower-left and shows revision date 05/11 to ensure you are using the current version.

For example, Maria Lopez, filing for her single-member LLC, double-checks the form footer reads “Form 401” before she begins. The nuance here is that the SOS occasionally releases a new revision; if the footer date changes, the older PDF is no longer accepted for new filings.

The most common mistake at this stage is using a Form 401 saved to a desktop years ago. The consequence is automatic rejection if the field layout has changed, costing two to four weeks. A misconception is that “Form 401” and “Form 401-A” are interchangeable; they are not — 401 is the change form, 401-A is the agent’s consent.

Entity Information — Box 1: Entity Name

Box 1 asks for the exact legal name of the entity as currently shown on the SOS records. Type or print the name in all capital letters or matching case, including punctuation, “LLC,” “Inc.,” or “L.P.” designators. Do not abbreviate “Company” to “Co.” unless your filed name uses the abbreviation.

For example, MARIA LOPEZ DESIGN STUDIO, LLC is entered exactly as it appears on the LLC’s Certificate of Formation. The nuance is that if your entity name contains diacritical marks or special characters (é, ñ, &), you must reproduce them precisely.

A common mistake is typing the assumed name (DBA) instead of the legal name, which causes the clerk to mismatch the entity and reject the filing. The misconception is that close is good enough — it is not. The SOS performs a literal string match against its database.

Box 2: Texas SOS File Number

Box 2 requests the 10-digit Texas SOS file number assigned to the entity at formation. Find this number on any prior file-stamped SOS document or by searching the entity name on SOSDirect. Enter only the digits, with no leading zeros omitted.

For example, 0801234567 is entered for Maria’s LLC. The edge case: if your entity was formed before the modern file-numbering system, you may have a shorter number; enter what is in the SOS record exactly.

The most common mistake is confusing the SOS file number with the EIN (federal tax ID) or the Texas Comptroller’s 11-digit taxpayer number. The consequence is the form is routed to the wrong record or rejected outright. A misconception is that the file number is optional if the name is correct; it is required and the form will not be processed without it.

Box 3: Current Registered Agent and Office on File

Box 3 has two sub-fields: 3A asks for the name of the current registered agent on file, and 3B asks for the current registered office address on file. Copy this information verbatim from your most recent SOS filing, even if you know the address is now wrong.

For example, John Smith at 123 Old Main St., Austin, TX 78701 is the current information on file for Maria’s LLC, even though John resigned last week. The nuance is that you must list the agent and address as the SOS sees them today, not the corrected version.

A common mistake is filling in the new agent and address in Box 3, which makes the change form internally inconsistent. The consequence is the SOS cannot determine what is being changed and rejects the filing. The misconception is that if Box 3 is wrong on the SOS record, you should “fix” it here; instead, the new information goes in Boxes 4 and 5.

Box 4: New Registered Agent — Individual Resident or Organization

Box 4 is the heart of the change. Check Box 4A if the new agent is an individual Texas resident, or Box 4B if the new agent is an organization registered to do business in Texas. You may not check both, and you may not appoint the entity itself as its own agent under BOC § 5.201(b)(2).

For example, Maria Lopez checks Box 4A and prints MARIA LOPEZ as the individual agent because she is a Texas resident. If she had hired a service company, she would check 4B and write NORTHWEST REGISTERED AGENT LLC.

The most common mistake is checking 4B and listing an out-of-state company that is not registered in Texas; the SOS will reject because only entities qualified to do business in Texas may serve as agents. The misconception is that the agent must be an attorney; any competent adult Texas resident or any registered Texas business entity can serve.

Box 5: New Registered Office Address

Box 5 asks for the new registered office street address in Texas. The address must be a physical street location where the agent can be personally served with process during normal business hours. Under BOC § 5.201(b)(3), a P.O. box, mail-drop, or virtual office that does not staff a person is not acceptable.

For example, 4500 Burnet Rd., Suite 200, Austin, TX 78756 is entered as Maria’s new registered office. The nuance: if the office is inside a multi-tenant building, include the suite number so the process server can find it.

A common mistake is entering a UPS Store or virtual mailbox address; the SOS cross-checks suspicious addresses, and a flagged address triggers rejection. The misconception is that the registered office must be the entity’s principal place of business — it does not, but it must be a real Texas street address staffed by the agent.

Box 6: Consent of New Registered Agent

Box 6 is a certification that the person signing Form 401 has obtained the new agent’s written consent in compliance with BOC § 5.2011. You do not attach the consent to Form 401, but you must keep it in the entity’s records and produce it on request.

For example, Maria signs Form 401-A herself as the new agent on the same day she signs Form 401, and she files Form 401-A in her LLC’s minute book. The edge case: if a service company is the new agent, the company will provide its own consent letter on letterhead — that letter satisfies § 5.2011 just as Form 401-A does.

The most common mistake is filing Form 401 without obtaining consent first; the appointment is then void, and any service of process delivered to the listed agent may not legally bind the entity. The misconception is that consent can be oral; it must be written under § 5.2011(b).

Effectiveness of Filing

This section gives three options: effectiveness when filed, effectiveness on a delayed date (up to 90 days), or effectiveness on a future event. Most filers check Option A, “effective when filed by the Secretary of State.” Delayed effectiveness is useful when synchronizing the change with the start of a fiscal quarter or a closing.

For example, Carlos Reyes, filing for his corporation on December 28, checks Option B and writes 01/01/2027 so the change aligns with the new tax year. The nuance: a delayed date more than 90 days out is invalid under BOC § 4.052 and the form will be rejected.

A common mistake is leaving this section blank, which causes the SOS to apply the default (effective when filed) — usually fine, but a problem if the filer expected delayed effectiveness. The misconception is that “effective when filed” means the date you mailed it; it actually means the date the SOS clerk stamps it received.

Execution / Signature Block

The signature block requires the printed name, title, and signature of the authorized person. For an LLC, this is a manager or member; for a corporation, an officer; for an LP, a general partner. The signer is certifying under penalty of perjury that the statements in Form 401 are true under BOC § 4.001.

For example, Maria signs as Maria Lopez, Sole Member in blue ink to distinguish the original from a photocopy. The edge case: an attorney-in-fact may sign if a power of attorney is on file, but most filers should avoid this complication.

The most common mistake is leaving the title blank or writing “Owner” for an LLC instead of “Member” or “Manager.” The consequence is the clerk cannot verify authority and rejects the filing. The misconception is that a notary is required; Form 401 does not need notarization, only a signature.

Three Filled-Out Examples Using Real Scenarios

Scenario 1: Maria Lopez’s Single-Member LLC Changes Only the Agent

Maria recently fired her old registered agent and decided to act as her own agent at her studio in Austin. Her LLC, Maria Lopez Design Studio, LLC, was formed in 2022.

Form Section	What Maria Enters
Box 1 — Entity Name	MARIA LOPEZ DESIGN STUDIO, LLC
Box 2 — SOS File Number	0804567890
Box 3A — Current Agent	JOHN SMITH
Box 3B — Current Office	123 Old Main St., Austin, TX 78701
Box 4A — New Individual Agent	MARIA LOPEZ (Box 4A checked)
Box 5 — New Registered Office	4500 Burnet Rd., Suite 200, Austin, TX 78756
Box 6 — Consent	Certified; Form 401-A kept in records
Effectiveness	Option A — effective when filed
Signature	Maria Lopez, Sole Member, dated 03/14/2026
Fee	$15

Scenario 2: Carlos Reyes’s Corporation Changes Both Agent and Office

Carlos is the president of Reyes Logistics, Inc., a Texas for-profit corporation, and he is moving headquarters and switching to a commercial registered agent service.

Form Section	What Carlos Enters
Box 1 — Entity Name	REYES LOGISTICS, INC.
Box 2 — SOS File Number	0123456789
Box 3A — Current Agent	CARLOS REYES
Box 3B — Current Office	900 W. 5th St., Houston, TX 77002
Box 4B — New Organization Agent	NORTHWEST REGISTERED AGENT LLC (Box 4B checked)
Box 5 — New Registered Office	5900 Balcones Dr., Suite 100, Austin, TX 78731
Box 6 — Consent	Certified; consent letter on file
Effectiveness	Option B — 01/01/2027
Signature	Carlos Reyes, President, dated 12/28/2026
Fee	$15

Scenario 3: Janet Park’s Foreign LLC Updates Its Texas Registered Office

Janet manages Park Imports LLC, a Delaware LLC registered to transact business in Texas. The agent is staying the same, but the office moved across town.

Form Section	What Janet Enters
Box 1 — Entity Name	PARK IMPORTS LLC
Box 2 — SOS File Number	0807654321
Box 3A — Current Agent	CT CORPORATION SYSTEM
Box 3B — Current Office	1999 Bryan St., Suite 900, Dallas, TX 75201
Box 4B — New Organization Agent	CT CORPORATION SYSTEM (Box 4B checked, same agent)
Box 5 — New Registered Office	211 E. 7th St., Suite 620, Austin, TX 78701
Box 6 — Consent	Certified; CT consent letter on file
Effectiveness	Option A — effective when filed
Signature	Janet Park, Manager, dated 05/02/2026
Fee	$15

How to File the Completed Form

Form 401 may be filed online, by mail, by fax, or in person, and each channel has its own fee mechanics and processing time published on the SOS processing time page. Pick the channel that matches your urgency and budget, and always keep proof of filing for the entity’s records.

Online via SOSDirect. Log in at the SOSDirect portal, select “Change of Registered Agent/Office,” and complete the on-screen prompts. The fee is $15 plus a 2.7% credit card convenience fee. Online filings are typically processed within three to five business days, and the file-stamped copy is delivered as a downloadable PDF inside the portal.

By mail. Send two signed copies of Form 401 with a check or money order for $15 to the Secretary of State, P.O. Box 13697, Austin, TX 78711-3697. Standard mail processing currently runs 13 to 15 business days; keep your certified-mail receipt as proof of mailing.

By fax. Fax Form 401 with a Form 807 (payment form) authorizing credit card payment to (512) 463-5709. The Corporations Section confirms receipt by emailing a file-stamped copy after processing, usually within five to seven business days.

In person. Hand-deliver the form to the James Earl Rudder State Office Building, 1019 Brazos St., Austin, TX 78701. The counter accepts cash, check, money order, or credit card. Walk-in filings can be processed same-day if you arrive before noon and pay the $25 expedited handling fee per document.

A misconception is that emailing a scanned PDF works; the SOS does not accept email filings of Form 401. Always use one of the four channels above.

What Happens After You File

Once the Corporations Section accepts Form 401, the clerk file-stamps the document, updates the public record in the SOS database, and returns a stamped copy to the filer. The change is effective on the date stamped by the clerk unless you selected a delayed effective date in the effectiveness section.

You can verify the update by searching your entity at the SOSDirect entity search or by ordering a Certificate of Fact from the SOS for $15. The new agent and office should appear within 24 to 48 hours after the filing is processed.

Service of process delivered to the old agent on or after the effective date is invalid. Plaintiffs must serve the new agent at the new office, and a misdirected service does not bind the entity. The Comptroller’s franchise tax record updates automatically through a nightly data exchange, so no separate notice to the Texas Comptroller is needed.

If the filing is rejected, the SOS sends a deficiency letter explaining the defect. You have 30 days to cure the defect under SOS administrative practice; after that, you must refile from scratch with a new fee. Keep the file-stamped copy in the entity’s minute book — auditors, lenders, and buyers in due diligence will ask for it.

Mistakes to Avoid When Filling Out the Form

• Listing a P.O. box as the registered office. The filing is rejected because BOC § 5.201(b)(3) requires a physical Texas street address.
• Naming the entity itself as its own agent. The filing is rejected because BOC § 5.201(b)(2) prohibits self-appointment.
• Forgetting to obtain written consent from the new agent. The appointment is void and service on the new agent may not bind the entity.
• Using an outdated revision of Form 401. The clerk rejects the form for failing to match the current field layout.
• Mismatching the entity name. Even punctuation differences cause the clerk to mismatch the record and reject.
• Entering the wrong SOS file number. The form is routed to the wrong record or kicked back unprocessed.
• Putting the new agent in Box 3 instead of Box 4. The form becomes internally inconsistent and is rejected.
• Leaving the title blank in the signature block. The clerk cannot verify the signer’s authority and rejects the filing.
• Selecting a delayed effective date more than 90 days out. The form is rejected under BOC § 4.052.
• Underpaying the filing fee. Nonprofits pay $5 and most others pay $15; mismatches cause a deficiency letter and delay.
• Stapling or hole-punching the form. The imaging system jams and the form is returned for re-submission.
• Sending only one signed copy by mail. The SOS keeps the original and returns the duplicate; missing duplicates delay your file-stamped copy.

Do’s and Don’ts

• Do download Form 401 fresh from the SOS forms page every time, because revisions can change without notice.
• Do verify the new agent’s consent in writing before signing Form 401, since an unconsented appointment is void.
• Do keep the Form 401-A consent in the entity’s minute book for at least four years.
• Do use SOSDirect for the fastest processing, because online filings clear in three to five business days.
• Do confirm the entity name, file number, and current agent against the public record before submitting.
• Do save the file-stamped copy as a PDF and a printed original, because lenders and buyers always ask for it.
• Don’t list a virtual mailbox or UPS Store as the registered office, because the SOS flags and rejects these.
• Don’t sign as “Owner” on an LLC; use “Member” or “Manager” so the clerk can verify authority.
• Don’t combine Form 401 with other amendments such as a name change; each requires its own form.
• Don’t mail cash; checks or money orders payable to “Secretary of State” are required for paper filings.
• Don’t assume an oral consent from the new agent is enough; written consent is mandatory.
• Don’t ignore a deficiency letter past 30 days, because the SOS will close the file and require a new filing fee.

Pros and Cons of Filing on Your Own vs. With Help

Filing Pro Se	Filing With a Service or Attorney
Cheaper — only the $15 statutory fee, because no professional fees apply.	More expensive — service companies charge $25–$125 plus the statutory fee.
Faster for simple changes, since you control the timing and method.	Slower onboarding, but faster long-term because the service handles future changes.
Full control over the data entered, lowering miscommunication risk.	Less personal time required, freeing the owner for other work.
Builds owner familiarity with SOS procedures, useful for future filings.	Professional review reduces rejection risk for complex situations.
Direct access to the file-stamped copy, with no third-party in the loop.	Service company often acts as ongoing registered agent, simplifying compliance.

Pro filers should weigh five additional factors. Pro: pro se is ideal for owner-managed LLCs with stable addresses. Con: pro se filers carry the full risk of mistakes that can void service of process. Pro: a registered agent service provides a stable Texas address for owners who travel. Con: hiring counsel for a routine Form 401 is overkill for most situations. Pro: hybrid approaches — DIY Form 401 with a paid registered agent service — combine cost savings with professional address coverage.

FAQs

Do I have to file Form 401 if my registered agent simply moves to a new address?

Yes. Any change to the registered office address — even a same-agent move across the street — requires Form 401 within a reasonable time so the SOS public record stays accurate.

Can I list a P.O. box as the registered office?

No. BOC § 5.201 requires a physical Texas street address where the agent can be served during normal business hours.

Do I write the old agent or the new agent in Box 4?

No — never write the old agent in Box 4. Box 4 is for the new agent only; the old agent goes in Box 3A.

Is the SOS file number the same as my EIN?

No. The SOS file number is a 10-digit number assigned at formation; the EIN is a 9-digit federal tax ID issued by the IRS, and the two are not interchangeable.

Do I need to attach Form 401-A to Form 401?

No. You keep Form 401-A in your records, but Box 6 of Form 401 only certifies that consent exists.

Can I sign Form 401 if I am the new registered agent?

Yes, if you also hold authority to sign for the entity, such as a member, manager, officer, or general partner. Your title in the signature block must reflect that role.

Do I write my title as “Owner” on Form 401?

No. Use “Member” or “Manager” for an LLC, “President” or other officer title for a corporation, and “General Partner” for an LP, so the clerk can verify authority.

Is the filing fee different for nonprofits?

Yes. Nonprofit corporations and cooperative associations pay $5; most other entities pay $15, per the SOS fee schedule.

Can I file Form 401 by email?

No. The Secretary of State accepts Form 401 only through SOSDirect, mail, fax, or in-person delivery; emailed PDFs are not accepted.

Can the registered office be in another state?

No. The registered office must be in Texas under BOC § 5.201, even if the entity’s principal place of business is elsewhere.

Do I need notarization on Form 401?

No. Form 401 is signed under penalty of perjury per BOC § 4.001 but does not require a notary acknowledgment.

Can I use Form 401 to change the entity’s principal office address?

No. Form 401 only changes the registered agent and registered office. To change a corporation’s principal office, file the appropriate amendment or the next Public Information Report with the Comptroller.