(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