Welcome to the Start a Business tutorial on to the registration process for foreign corporations in New Mexico. As there exists no way of filing your corporation online with the Secretary of State, you will need to download the requisite forms here on our website, have them printed off in duplicate, attach all necessary certificates, and pay the filing fee associated with the corporation type. This fee will total $25 if filing as a non-profit entity. General, business corporations have a slightly more complex filing fee system as it it based on the number of authorized shares and the estimated dollar amount. This will amount to no less than $200 and no more than $1000. For more information on the exact calculation of your fee, follow this link here.

Before you begin downloading the registration forms, we ask that you take a second to perform a Business Entity Search to check the availability of your current corporate name. If you find that there is another business who’s name resembles yours, you may need to operate under a fictitious title for the duration of your term in this state. To prevent this from being the case, you may want to consider a Name Reservation filing, which will allow you to retain the rights to your name for a period of 120 days prior to filing.

How to File Profit Corporation

Step 1- To begin with the filing process for your profit corporation, the following documents must be printed off and completed. We have supplied a copy of the documents in PDF form located here.

Step 2- Continue by supplying the following information:

  • 1-Name of the corporation and jurisdiction of initial formation
  • 2-Corporation name with the elected abbreviation if applicable
  • 3-Date of incorporation and the period of duration
  • 4-Address of the corporation’s registered office and the name of the principal office (if different from the registered office)
  • 5-Address of the proposed registered office, along with the name and address of the registered agent

Page 1

NM-Application-for-Certificate-of Authority

Page 2

  • 6-Purpose of the corporation
  • 7-Name and title of each officer and director along with their corresponding addresses
  • 8-Number of shares the corporation is authorized to issue
  • 9-Number of shares that have been issued
  • 10a-Estimate of the gross amount of income for the current fiscal year within New Mexico
  • 10b-Estimate of the gross amount of income during such year, wherever transacted
  • 10c-The value of all property to be owned during such year within New Mexico
  • 10d-The value of all property to be owned during such year, wherever located
  • Date signed, name of corporation, and signature of authorized officer (page 3)

NM-Application-for-Certificate-of Authority-2

NM-Application-for-Certificate-of Authority-3

Step 3- The form below must be included with your application. Have it printed off, and provide the required information before having your registered agent sign it (form can be found in the Application for Certificate of Authority).

NM-Application-for-Certificate-of Authority-4

Step 4- The Document Deliver Instructions must be included with your filings. The following data must be provided:

  • Entity name
  • Contact name
  • Email address
  • Contact phone
  • Date to be dropped off/mailed
  • Nature of the delivery of filed documents (pickup or mailed)
  • Mailing address (if applicable)

Step 5- After the application has been completed and printed off in duplicate, along with the completion of the acceptance of appointment and delivery instructions, a filing fee must be included. This will amount to no less than $200 and no more than $1000, and must be made out to the New Mexico Secretary of State. For more information on the exact calculation of your fee, follow this link here. Along with your filings, be sure to include a Certificate of Good Standing. Compile all necessary documents and fees and mail them to the address below.

Corporations Bureau

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File Non-Profit Corporation

Step 1- The fist step in registering your foreign, non-profit corporation is to download the Application for Certificate of Authority.

Step 2- The form asks only a limited amount of information from filers. Once completed, you much print them off in duplicate, then provide the requisite signatures. The information asked of applicants will include the following:

Page 1

  • 1-Name of corporation and jurisdiction of initial formation
  • 2-Date of incorporation and period of duration
  • 3-Address of registered office in original state and address of principle office if different
  • 4-Address of New Mexico registered office and registered agent name
  • 5-Purpose for which corporation was formed
  • 6-Names and addresses of officers and directors

nm-np-application-of-authorityPage 2

  • Date
  • Name of corporation
  • Signature of two authorized officers

nm-np-application-of-authority-2

Step 3- You will need to supply the below statement which will indicate that your registered agent accepts the appointment of the role. On it, the agent will need to supply their name, the name of the corporation and sign on the applicable line. If the registered agent is a corporation, indicate the name of said corporation and have an authorized representative sign the document.

NM-Application-for-Certificate-of Authority-4Step 4- The Document Delivery Instructions page will need to be attached to your application as well. This will provide the following information to the Secretary of State:

  • Entity Name
  • Contact Name
  • Email Address
  • Contact Phone
  • Date to be dropped off/mailed
  • Nature of the delivery of filed documents (pickup or mailed)
  • Mailing address (if applicable)

Step 5- If all the aforementioned forms have been completed as accurately as possible, you will then be able to supply the remaining two items to the filing package; the filing fee and the Certificate of Good Standing. Your certificate should be authenticated by the Secretary of State or like authority from your jurisdiction of initial incorporation. The filing fee must total $25 and be supplied in the form of a check or money order made out the New Mexico Secretary of State. Send all documents and fees to the below address for processing by the Secretary of State.

Corporations Bureau

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

Tips

Renewal– The New Mexico Secretary of State has asked that all corporations file a report in order to remain in good standing. This update will come in the form of a biennial report for profit corporations and as an annual report for non-profits. A late filing fee of $200 can be administered to profit entities while only $10 will be asked of non-profits. The initial filing fee however won’t total more than $25 and $10 respectively. On top to the biennial/annual reports, New Mexico corporations are asked to supply an initial report ($25) within 30 days of filing with the Secretary of State. All information can be accessed through the webpage linked at the heading of this paragraph. You will be required to created on online account first, before accessing the forms however (tutorial found here).