We recommend that the Registered Agent of an entity list his or her home address with the Secretary of State’s office as the address for receiving notice.

The burden is on the entity to make sure the current address for the Registered Agent and Registered Office is on file with the Secretary of State. Often times, the Registered Agent will use the address of the business as their address for receiving notice. However, if the entity relocates to a new office and forgets to update their address with the Secretary of State’s office, they may miss critical notices.  Typically, the Registered Agent is more likely to change office locations than home addresses.  Also, people are more likely to file a forwarding address notice if they are moving from their home, than a business location.

Notice of any lawsuit against an entity is given by serving their Registered Agent.  Under the Texas Business Organizations Code, if you are unable to serve the Registered Agent at the address provided through the Secretary of State’s office, you may alternatively serve the entity by serving the Secretary of State.

When the Secretary of State is served, it then sends the notice of the lawsuit to the last known address shown for the Registered Agent by certified mail, return receipt requested.  If the Registered Agent has no forwarding address on file, or it has expired, they will not receive that notice.  It will be returned as undeliverable back to the Secretary of State.  However, service has still been properly made under the law, even though it was not actually received by the Registered Agent.  This will most often result in a default judgment being taken against that entity.

So if you want to make sure that you timely get notices from the Secretary of State’s office for your entity, your Registered Agent might consider listing his or her residence address as the address for service.



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