This tutorial has been designed to assist prospective business owners in the state of New Mexico through the Secretary of State registration process. Filers will be able to submit their applications online through the Secretary of State website. It is also possible to file through the mail by submitting the Articles of Organization and supplying the appropriate filing fee. This will amount to a total of $50 per filing.
Before filing, we always recommend that individuals research the availability of their proposed business name by performing a Business Entity Search. Some may also find the employment of a Name Reservation filing useful as it will reserve the rights to your chosen name for a period of 120 days prior to filing.
How to File (Online)
Step 2- In the dashboard at the top left of the page, move your cursor over the Corporations heading and select the Domestic (NM) LLC Formation link.
Step 3- Select the entity type from the drop down menu before entering the entity name into the first entry field. Click Continue to proceed.
Step 4- Here you may change the effective date as well as the period of duration. In the Purpose section, choose the NAICS code that most closely matches the description of your business. When you are ready to proceed click Continue.
Step 5- On this page you will need to provide the name and address of the individual or entity acting as the registered agent. Below that, enter the principal address and a secondary address (if necessary). Click Continue when you are ready to move forward.
Step 6- This page will ask you to specify as to whether the LLC will be vested in managers or members. You may then enter the names and address of each manager or member.
Step 7- Click the Add Organizer tab to begin supplying the names and addresses of each organizer. You must then authorize the organizer by clicking the box in the Organizer Information section (will be presented once an organizer has been supplied). Continue by entering the name of the individual authorizing this application and specify their business title before clicking Continue.
Step 8- A review of the information submitted so far will be shown on the following page. When everything has been verified as accurate, proceed by clicking Continue.
Step 9- Select your method of payment by choosing one of the available options at the top of the page. Enter you payment information and proceed to the next page where you can officially submit your application and conclude the registration process.
How to File (PDF)
Step 1- To begin the filing process, you will first need to download the Articles of Organization and open them up in your PDF viewer.
Step 2- Once opened, you will be required to supply the following data:
- 1-Name of LLC
- 2-Period of duration
- 3.1-Name of registered agent
- 3.2-Address of registered office
- 3.3-Principle office address
- 3.4-Mailing address
- 4-Check if managed by managers
- 5-Check if managed by initial members
- 6-Effective date
- Date executed
- Name and signature of each organizer
Step 3- Along with your initial formation documents, you will need to supply a State of Acceptance of Appointment by your registered agent. On the form, the entity or individual will simply need to enter the name of your entity, their name and their signature. This form can be found in the Articles of Organization.
Step 4- Along with all corporate filings in New Mexico, you will also be required to supply the below form including the following information:
- 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- Now that you have the Articles of Organization (original + one duplicate copy), the registered agent acceptance and the delivery instructions completed, you will just need to pay the fee for this filing. Provide a check or money order made out to the New Mexico Secretary of State covering the $50 filing fee and submit all items through the mail to the below address.
Office of the New Mexico Secretary of State
325 Don Gaspar – Suite 300
Santa Fe, New Mexico 87501
EIN– When forming a new LLC, you may be required to apply for an Employer Identification Number from the Internal Revenue Service upon formation. An EIN is necessary to hire employees, open bank accounts in the company name, register for loans and otherwise commit to any level of financial transaction. This number is essentially the corporate equivalent of a SSN number, and for this reason, the IRS asks that all new entities either apply Online or through the mail with the the PDF form Form SS-4.
Operating Agreement– We always recommend that the organizers of limited liability companies draft an operating agreement through which they will be able to relay the various rules and regulations of a particular entity. Although not legally required in the state of New Mexico, it will serve as a useful organizational tool. We urge you to review our free template, with the help of your attorney, to consider the possible benefits of implementing it into the management of your entity. You will find, through clicking on the link at the heading of this paragraph, that it is available in both MS Word and Adobe PDF formats.