Welcome to the Start a Business tutorial dedicated to the filing and registration of foreign and domestic partnerships in New Mexico. As there exists no online filing system on the Secretary of State website, filers will need to first download the PDF associated with their entity type, make a check or money order made out to the New Mexico Secretary of State covering the filing fee (fees listed below) and submit the finished form through the mail to their offices. Limited partnerships however will need to draft their own Certificate of Limited Partnership as a PDF has not been made available on the government website.

Before you begin filling out the registration forms, we recommend that your preform a preliminary search of the Secretary of State name database to ensure that your entity name has not already been registered by another business. This can be accomplished by performing a Business Entity Search. The Secretary of State has not provided a PDF for partnership name reservations, however one can still be drafted and submitted with the $50 filing fee to the Secretary of State. Through this process, a business name can be reserved for 120 days.

How to File a Domestic LP

Step 1- Unfortunately, there exists no pre-made registration form for a Certificate of  Limited Partnerrship. Therefore, you will be required to draft your own based on the following qualifications:

  • 1-Name of limited partnership
  • 2-Address of initial designated office as well as that of the registered agent
  • 3-The name and address of each general partner
  • 4-Whether LP is a LLLP
  • 5-Any additional information as required by Article 11 of the Uniform Revised Limited Partnership Act

nm-certificate-lp

Step 2- Once all information has been submitted, you will be required to make a check or money order made out to the New Mexico Secretary of State covering the full filing fee of $100. Send both items to the below address for processing by the office of the Secretary of State.

 Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File a Domestic LLP

Step 1- Filing for a domestic limited liability partnership is very straight forward. First, you will be required to download the New Mexico Limited Liability Partnership Registration Form.

Step 2- Next, you can submit the following information into the provided fields:

  • 1-Name of partnership
  • 2-Address of executive office
  • 3-Address in New Mexico (if any)
  • 4-Name of registered agent
  • 5-Street address of registered agent
  • 6-Whether or not the partnership elects to be a LLP
  • 7-Delayed effective date
  • Partner’s signatures and printed names
  • Date of filing

Screen shot 2016-04-26 at 1.38.11 PMStep 3- Once the application has been completed, print it off and have both partners sign before attaching to it a check or money order made out to the New Mexico Secretary of State. This should total $100 ($50 for both the annual report and the initial filing). Send all items to the below address for processing and await correspondence from the Secretary of State.

 Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File a Domestic LLLP

Step 1- The first step in filing a domestic LLLP is to download the PDF file here.

Step 2- The following information will be required:

  • 1-Name of partnership
  • 2-Street address of initial office
  • 3-Mailing address of initial office
  • 4-Name and address of registered agent
  • 5-Name and address of both partners
  • 6-Whether or not it the partnership is a limited liability limited partnership
  • 7-Additional information
  • Partner’s signatures and printed names, along with date of filing

Screen shot 2016-04-26 at 1.38.58 PM

Screen shot 2016-04-26 at 1.39.04 PMStep 3- After submitting the required information, you will need to attach a check or money order made out to the New Mexico Secretary of State. The total required amount for this fee is $100. Have all articles mailed to the address below.

 Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File a GP

Step 1- The filing process for a general partnership in New Mexico begins by downloading the General Partnership Registration Form.

Step 2- Those forming a general partnership will be required to submit the following data:

  • 1-Name of partnership
  • 2-Street address of executive office
  • 3-Address of New Mexico office (if applicable)
  • 4-Name and address of both partners
  • 5-Name of registered agent
  • 6-Address of registered agent
  • 7-Name of partners authorized to execute an instrument transferring real property in the name of the partnership
  • Signatures and names of both partners
  • Date

NM-General-Partnership-Registration-Form

NM-General-Partnership-Registration-Form-2

Step 3- Submit this form, along with the $50 filing to fee to the below address and await acceptance from the office of the Secretary of State. Accepted forms of payment include check or money order made out to the New Mexico Secretary of State.

 Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File a Foreign LP

Step 1- Those registering a foreign limited partnership will be able to download the requisite filing forms here.

Step 2- You will then need to provide the following data:

Page 1

  • 1-Name of partnership
  • 2-Jurisdiction of initial organization
  • 3-ID number issued by foreign official
  • 4-Address of principle office
  • 5-Mailing address of principle office (if different than above)
  • 6-Street address of office required in domestic jurisdiction (if applicable)
  • 7-Mailing address of aforementioned office
  • 8-Name and address of registered agent

NM-Foreign-LP-1Page 2

  • 9-Name and address of two general partners
  • 10-Election to be LLLP (y/n)
  • Partners’ signatures, printed names and the date of filing

NM-Foreign-LP-2Step 3- Now that the forms have been completed, you will be required to attach a check or money order made out to the New Mexico Secretary of State covering the $100 filing fee. Make sure to provide a certificate of existence or like document issued in your jurisdiction of initial formation. Gather all articles and forward them to the address below.

Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File a Foreign LLP

Step 1- Start by downloading the Foreign Limited Liability Partnership Form.

Step 2- When filing for a foreign LLP, the following information will be required:

  • 1-Name of the partnership
  • 2-Address of the principle office
  • 3-Name of the registered agent
  • 5-Address of the registered office
  • 6-Whether or not the partnership is a LLP
  • 7-The deferred effective date if available
  • Signatures and printed names of both partners involved along with the date singed

Screen shot 2016-04-26 at 1.36.55 PMStep 3- Once completed and both partners have signed the form, the next step is to have a check or money order made out to the New Mexico Secretary of State. The total fee is $100 ($50 for the filing fee, $50 for the annual report fee). Be sure to include a Certificate of Good Standing from the initial jurisdiction of formation. Gather all items and forward them to the below address.

Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File a Foreign LLLP

Step 1- To register a foreign limited liability limited partnership, you must download the application located here.

Step 2- Continue by submitting the following information:

Page 1

  • 1-Name of the partnership
  • 2-The jurisdiction under whose laws the partnership is organized
  • 3-Identification number issued by foreign official
  • 4-Street address of principal office
  • 5-Mailing address of principal office
  • 6-Street address of the office in the domestic state/jurisdiction (if required)
  • 7-Mailing address of the office in the domestic state/jurisdiction (if required)
  • 8-Name and address of the registered agent in New Mexico

Screen shot 2016-04-26 at 1.36.10 PMPage 2

  • 9-Name and address of both partners
  • 10-Whether or not the partnership is indeed a LLLP
  • Signature of both partners involved along with the date signed

Screen shot 2016-04-26 at 1.36.20 PMStep 3- After having both partners sign the document, a filing fee of $100 should be included in the form of a check or money order made out to the New Mexico Secretary of State. Along with the two articles, be sure to include your Certificate of Good Standing. The mailing address of the Secretary of State is located below.

 Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

Tips

EIN– All new businesses, once they’ve received correspondence from the Secretary of State that their application has been approved, will be required to apply for an Employer Identification Number. This number will be required if you plan to hire employees, open checking or savings accounts, register for loans and otherwise commit to any other variety of financial transaction. The IRS uses this number to identify tax paying entities as legitimate and lawful. You can apply Online or through the mail by completing the PDF Form SS-4.

Partnership Agreement–  Although it’s not legally required to draft a partnership agreement in the state of New Mexico, we here at Start a Business recommend that you consider incorporating one into your business structure. This will help delineate the nature of the relationship between the partners and the partnership. For more information, and access to a free template available in both MS Word and Adobe PDF, click on the link found in the heading of this paragraph.

Renewal–  It is not required that limited partnerships, general partnerships or limited liability limited partnerships file an annual report each year to renew. However, limited liability partnerships will have to submit their forms through the mail containing a few pieces of vital information, thus updating the Secretary of State and remaining in good standing. This document will need to be submitted between the 1st of January and the 1st of April of each calendar year with the appropriate filing fee ($50). Mail all items when complete to the below address.

Partnership Unit

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to (Video)