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 Form, and payment of the $100.00 Filing Fee. Additionally, the foreign Limited Liability Company must obtain a Certificate of Good Standing from its home jurisdiction’s governing body or official custodian of records dated within 30 days of the submission date.

The Filing Fee for the New Mexico Foreign Limited Liability Company Application for Registration is $100.00. By default, you will receive two copies of your filing two to three weeks after submittal if approved. The New Mexico Secretary of State provides the option for expediting this filing. There are two levels to this service: Same Day Service and Two Day Service. The Expediting Fee for Same Day Service is $150.00 while for Two Day Service it is $100.00. It should be noted that Same Day Service is only available if the New Mexico Foreign Limited Liability Company Application for Registration and accompanying paperwork is received by the New Mexico Secretary of State before 2:00 P.M. You may also request a Certified Copy to be returned with your material. A $25.00 Certification Fee will be required. If you do not provide an extra copy for Certification, you will need to pay a Reproduction Fee of $1.00/Page ($10.00 is the minimum charge).

How To File

Download File
Download Document Delivery Form

Step 1 – Select the links labeled “Download File” and “Download Document Delivery Form.” You must save these files to your computer. Note: These are PDF files, thus you will need a PDF program or a form friendly browser to enter information onscreen. Otherwise, you may print these files then use a typewriter to enter the correct information.

Step 2 – Locate the First Item, then report the full legal Name of the foreign Limited Liability Company submitting this application on the blank line provided. This must be the Name of the Limited Liability Company as it appears on the Certificate of Existence or Good Standing.

Step 3 – If the true Name the foreign Limited Liability Company is unavailable in the State of New Mexico or does not have the appropriate business suffix (i.e. “Limited Liability Company,” “Limited Company,” “L.L.C.,” “LLC,” etc.), the foreign Limited Liability Company will need to adopt an Assumed Name to operate in this state. Report the Assumed Name the foreign Limited Liability Company will use in the State of New Mexico on the blank space in the Second Item.

Step 4 – On the blank line provided in the Third Item, report the home Jurisdiction where the foreign Limited Liability Company was formed and operates in.

Step 5 – The Fourth Item will require the exact Date the foreign Limited Liability Company was originally formed in its home jurisdiction on the blank line.

Step 6 – If the foreign Limited Liability Company is required to maintain an Address in its home jurisdiction by the governing body then report that Address on the blank lines in the Fifth Item.

Step 7 – If the home jurisdiction of the foreign Limited Liability Company does not require it maintain an address within it, then report the Complete Physical Address of the foreign Limited Liability Company’s Principal Office in the Sixth Item.

Step 8 – The Seventh Item will require two pieces of information that must be reported for the registration of the foreign Limited Liability Company. On the first blank line, report the Street Address where the New Mexico Registered Agent serving the foreign Limited Liability Company will be physically found. This must be composed of the Building Number, Street, Unit Number, City, State, and Zip Code of the Address. Do not enter a P.O. Box in this item.

Step 9 – On the second blank line of the Seventh Item, report the Full Name of the New Mexico Registered Agent obtained by the filing entity.

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Step 10 – The Eighth Item requires the Full Name of each of the foreign Limited Liability Company’s Managers. This must be a complete listing thus, if there is not enough room, you may document this on a separate document as an attachment.

Step 11 – Next, an authorized representative of the foreign Limited Liability Company submitting this Registration (such as a Director or Manager)  must report the Date of Signing on the space labeled “Date” then, enter the full Name of the foreign Limited Liability Company on the blank space labeled “Name of Limited Liability Company. Finally, on the line labeled “Signature of Authorized Person,” the Authorized Representative must Sign his or her Name.

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Step 12 – The second page will be the New Mexico Statement of Acceptance of Appointment By Designated Initial Registered Agent. If the New Mexico Registered Agent obtained by the foreign Limited Liability Company is an individual, the first half of this page will require information. If the New Mexico Registered Agent is a business entity, then you must only fill out the second half of this page. The first part will require the Full Name of the Registered Agent, the Name of the foreign Limited Liability Company, and the Signature of the New Mexico Registered Agent. If you must fill out the second half of the page, the Name of the entity serving as the foreign Limited Liability Company’s New Mexico Registered Agent and the Signature of an Authorized Representative of this entity must be supplied.

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Step 13 – Fill out the New Mexico Document Delivery Form that you downloaded earlier. You must submit this form with the completed New Mexico Foreign Limited Liability Company Application for Registration and New Mexico Statement of Acceptance of Appointment By Designated Initial Registered Agent. This will provide instructions the New Mexico Secretary of State Corporations Bureau will need to return your filed documents properly.

Step 14 – When you are ready to submit this application, submit one original and one copy of the completed New Mexico Foreign Limited Liability Company Application for Registration, one original New Mexico Statement of Acceptance of Appointment By Designated Initial Registered Agent, a check or money order to cover the filing fee ($100.00) and any other applicable fees that is payable to “New Mexico Secretary of State,” and the Certificate of Existence (or of Good Standing) obtained by the governing body of the foreign Limited Liability Company’s home jurisdiction within the past thirty days to the New Mexico.

Mail To:

New Mexico Secretary of State
Corporations Bureau
325 Gaspar, Ste 300
Santa Fe, NM 87501

Step 15 – All Limited Liability Companies will be expected to maintain their compliance with New Mexico Taxation and Revenue Department. All Limited Liability Companies authorized to do business in the State of New Mexico as such must apply and obtain a New Mexico Combined Reporting System Identification Number. Contact the New Mexico Taxation and Revenue Department for more information regarding this process.