How to serve a Texas LLC or corporation

Updated October 11, 2026 · General information, not legal advice. Rules quoted from the official Texas Rules of Civil Procedure; confirm current text and local requirements with the court.

A business can't be handed papers the way a person can. Texas law names specific people who can receive service for an LLC, corporation or partnership. If none of them can be found, it names the Texas Secretary of State as a backup. This guide covers the usual order of options.

Step 1: Look up the registered agent

Every Texas filing entity (corporations, LLCs, limited partnerships and others) and every out-of-state entity registered here must "designate and continuously maintain in this state" a registered agent and a registered office (Business Organizations Code Sec. 5.201(a)). The registered agent "is an agent of the entity on whom may be served any process, notice, or demand required or permitted by law to be served on the entity" (Sec. 5.201(b)(1)).

The registered office "must be located at a street address where process may be personally served on the entity's registered agent" and "may not be solely a mailbox service or a telephone answering service" (Sec. 5.201(c)). If the agent is a company, it "must have an employee available at the registered office during normal business hours" to receive service (Sec. 5.201(d)).

You can find the current agent and office in the Secretary of State's business records (SOSDirect / SOS Portal) or the Texas Comptroller's franchise tax account status search. Use the name exactly as filed, and have the citation name the entity "by and through its registered agent."

Step 2: Serve the agent (or an officer or manager)

A certified process server, sheriff or constable then delivers the citation and petition to the agent at the registered office, using the Rule 106(a) methods (in-person delivery, or certified mail with return receipt if the clerk or server uses mail). The return of service should name both the entity and the person who accepted it. See our return of service guide.

The registered agent isn't the only option. Sec. 5.255 makes these people agents "as a matter of law":

"the president and each vice president of a domestic or foreign corporation";
"each general partner of a domestic or foreign limited partnership and each partner of a domestic or foreign general partnership";
"each manager of a manager-managed domestic or foreign limited liability company and each member of a member-managed domestic or foreign limited liability company";
each governing person of other entity types, and members of a nonprofit's executive committee.

Sec. 5.256 adds that the chapter "does not preclude other means of service ... as provided by other law."

Step 3: If the agent can't be found, serve the Secretary of State

Under Sec. 5.251, the Secretary of State "is an agent of an entity for purposes of service of process" if:

the entity "fails to appoint or does not maintain a registered agent in this state"; or
"the registered agent of the entity cannot with reasonable diligence be found at the registered office"; or
for an out-of-state (foreign) entity, its registration "is revoked" or it "transacts business in this state without being registered."

"Reasonable diligence" is the key phrase. Courts look for proof that real attempts were made at the registered office, so have your server document each attempt (date, time, what they found). Service on the Secretary is made by "delivering to the secretary duplicate copies of the process" with the required fee (Sec. 5.252(a)), and it "is returnable in not less than 30 days" (Sec. 5.252(b)). The Secretary then mails a copy to the entity's most recent address on file by certified mail, return receipt requested (Sec. 5.253). Civil Practice and Remedies Code Sec. 17.026 also lets the clerk or the party serve the Secretary "by certified mail, return receipt requested."

The Secretary of State's process: submit Form 2401 (Service of Process Forwarding Request), two exact copies of the documents being served, and the fee: $40 per person or party served, plus $15 for a certificate of service, $55 in total. You can submit by mail or through the SOS online service-of-process portal. The certificate of service is what you typically file to prove this kind of service.

Out-of-state businesses with no Texas agent

For a nonresident that "engages in business in this state" but hasn't designated or maintained a resident agent, or whose agents couldn't be served after "two unsuccessful attempts ... on different business days," Civil Practice and Remedies Code Sec. 17.044 makes the Secretary of State its agent. The papers must state "the name and address of the nonresident's home or home office," and the Secretary mails them on by registered or certified mail (Sec. 17.045). For serving people and businesses physically outside Texas, see serving an out-of-state defendant.

Practical tips

Pull the SOS record the day you file; agents change, and an old address can undermine "reasonable diligence."
Use the entity's exact legal name, including "LLC" or "Inc.," on the petition, citation and SOS form.
Mistakes in serving businesses are a common reason default judgments are set aside, so this is a good place to involve a lawyer.

Quick answers

Who do you serve when suing a Texas LLC or corporation?

Usually its registered agent, at the registered office on file with the Texas Secretary of State. Business Organizations Code Sec. 5.201 makes the registered agent "an agent of the entity on whom may be served any process." Sec. 5.255 also makes the president and each vice president of a corporation, and each manager (or member, if member-managed) of an LLC, an agent for service.

When can you serve a business through the Texas Secretary of State?

Under BOC Sec. 5.251, when the entity fails to appoint or maintain a registered agent, or the registered agent "cannot with reasonable diligence be found at the registered office." For foreign entities, also when their registration is revoked or they do business in Texas without registering.

How much does the Secretary of State charge to forward service?

The Secretary of State lists $40 per person or party served for recording and forwarding, plus $15 for a certificate of service, $55 in total. Check the SOS Service of Process page for current fees.

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Disclaimer: This guide is general information, not legal advice, and TX Server Finder is not a law firm. Rules and fees change; check the official sources below and consult a Texas attorney about your situation.