How to Form an LLC in New Mexico – NM Secretary of State Corporations Bureau

The New Mexico Limited Liability Company Articles of Organization and New Mexico Foreign Limited Liability Company Application for Registration are both form templates made available for entities intending to comply with the New Mexico Secretary of State requirement of registering a Limited Liability Company's formation or presence in the State of New Hampshire. Entities that decide not to comply with New Mexico Revised Statutes Chapter 53 Article 19 will not be protected by New Mexico Law and may be subject to punitive actions. In order to remain in compliance with NSMA 53-19, domestic Limited Liability Companies will need to file a New Mexico Limited Liability Company Articles of Organization (Filing Fee: $50.00) while foreign Limited Liability Companies will need to file a New Mexico Application for Registration (Filing Fee: $100.00). These documents must be filed in duplicate with a Document Delivery Instruction form. All payments (with a check or money order) must be made payable to New Mexico Secretary of State. All additional services requiring payment should have the cost added to the respective filing fee. New Mexico will provide Two Day Expedited Processing for $100.00 or Same Day Processing (must be received by 2:00 P.M.) for $150.00.


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How to Form a Foreign Limited Liability Company in New Mexico – Foreign Limited Liability Company Application for Registration

How to Form a Foreign Limited Liability Company in New Mexico – Foreign Limited Liability Company Application for Registration

The New Mexico Foreign Limited Liability Company Application for Registration should be submitted in duplicate to the New Mexico Secretary of State prior to conducting or transacting business in the State of New Mexico. This form should be filed in duplicate, with a Signed New Mexico Registered Agent Consent Form, a completed Document Delivery Instructions […]

How to Form a Limited Liability Company in New Mexico – Limited Liability Company Articles of Organization

How to Form a Limited Liability Company in New Mexico –  Limited Liability Company Articles of Organization

The New Mexico Limited Liability Company Articles of Organization is the registration form required by the New Mexico Secretary of State. This must be filed for approval before the Limited Liability Company begins conducting business in the State of New Mexico. This form will need to be submitted in duplicate. The copy must be an […]

How to Form

Step 1 – In order for any Limited Liability Company to organize, it must possess a unique Name that contains a designating suffix noting its business status (i.e. “Limited Liability Company,” “LLC,” “L.L.C.,” etc.). The New Mexico Secretary of State makes a Business Search tool available on its website here: https://portal.sos.state.nm.us/BFS/online/CorporationBusinessSearch. This will allow you to make sure the Name you have chosen for the Limited Liability Company has not been taken. If you have found a unique Name and would like to ensure the forming entity may use it, you may submit a New Mexico Application for Reservation of Limited Liability Company Name (Filing Fee $20.00).

Step 2 – There will be several steps that should and/or must be taken, after solidifying a Name. Some will be required by the forming entity’s Members, other Government Entities, and the New Mexico Secretary of State. A good example would be the New Mexico Registered Agent or Agent of Process. This is the individual or business that agrees to accept court documents on behalf of the Limited Liability Company that has commissioned them to do so. Every Limited Liability Company in the State of New Hampshire must have a New Mexico Registered Agent and each New Mexico Registered Agent must have a Physical Address in the State of New Mexico.

Step 3 – Once you have satisfied all the requirements of the forming entities members and/or owners and those of the State and Federal governments, you will need to file the appropriate Registration Form with the New Mexico Secretary of State. For domestic Limited Liability Companies, this will be a New Mexico Limited Liability Company Articles of Organization and for foreign Limited Liability Companies, this will be a New Mexico Foreign Limited Liability Company Application for Registration. There will be a Filing Fee for such paper work ($50.00 and $100.00, respectively) which may be remitted with a check or money order payable to New Mexico Secretary of State. You must use a credit card to pay the Filing Fee if you are filing online.

File Online:

https://portal.sos.state.nm.us/BFS/online/Account

File By Mail:

Secretary of State
Corporations Bureau
Chartered Documents Division
325 Don Gaspar, Ste 300
Santa Fe, New Mexico 87501

After Formation

Structure: Every Limited Liability Company should consider its internal structure when forming and attempt to maintain it efficiently. This may be done through Organizational Meetings and setting forth Operational Agreements to define such aspects as the day to day operations, overall goals, member responsibility, member benefits, etc.

EIN: EIN’s or Entity Identification Numbers are an Identification tool used by the Internal Revenue Service. Newly formed Limited Liability Companies should contact the Internal Revenue Service directly regarding this. Some entities will be required to apply for an EIN while others will not. For instance, if there is more than one Member in the Limited Liability Company, an EIN will need to be obtained. This is regardless of whether or not the entity has employees.

Maintenance: The State of New Mexico will not require Limited Liability Companies to file Annual Reports however all Limited Liability Company’s will be required to keep up with their Taxes. Once the Limited Liability Company has been authorized as such, it must register and obtain a Combined Reporting System Identification Number from the New Mexico Taxation and Revenue Department. Contact this entity immediately to obtain more information.

CONTACT

Address:
New Mexico Capitol Annex North
325 Don Gaspar, Suite 300
Santa Fe, NM 87501
PH: 505.827.3614

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