Before You Start
If you have a business that was created in a state that is not New
Mexico and you are interested in doing business within New Mexico,
then you must register your business with the Secretary of State.
This process is not really difficult but you have to follow some
steps in order to complete it successfully, here we list some of the
most important rules to set your business in New Mexico.
So you know, it is often simpler to
form a new LLC in New Mexico
than to register a foreign one. Do note, if you want an
anonymous LLC, then you
must form a new LLC rather than register an out of state entity.
Learn more about our
New Mexico registered agent
service here.
Doing Business in New Mexico
If your company intends on “transacting business” according to New
Mexico’s LLC Act it should be registered before engaging in any
business. As it is in most states, the term “transacting business”
is not always clearly defined.
According to New Mexico’s laws, a company that has a
physical presence in the state should register as a foreign LLC.
When the law talks about physical presence it means different
things, like a store, an office, or a warehouse, to even a sales
representative or workers in the state.
Some other
restrictions or changes to the law we’ve mentioned could happen,
especially if they include some areas like Internet sales. In the
majority of the other cases if you have workers, offices, or stores
in any other state, you should qualify your LLC as a foreign
company. The only thing you require to avoid being
dissolved is to maintain a
registered agent.
Visit the Secretary of State Site
Visit the
New Mexico Secretary of State site here.
To start registering your business in New Mexico you need a Foreign
Limited Liability Company Application for Registration. The New
Mexico Secretary of State approves these documents, and it can be
easily downloaded from the Secretary of the State website.
Filling the form is almost the same process for all the
companies that apply. You need some of the documents that you use to
create an LLC in the state where your company was created initially.
However there are some details that are not required in other states
and that maybe you did not expect to be needed, being more specific,
New Mexico needs you to provide some documents or information like:
• The name of your company LLC when it was created in its
original state.
• If you have decided to change the name of
your company in New Mexico, you should provide the name under which
your LLC will work in this state, this could be also needed if the
original name of your company is already occupied in New Mexico.
• The state where the LLC was originally settled.
• The
date when your LLC was established.
• It could also be
required to specify the exact place where your company is located.
• The address of the place where your main offices are placed.
• The name and information for your
registered agent in New Mexico
• The authorized signature of the responsible person of the
company.
In some other cases you must include a
Certificate of Good Standing
or a Certificate of Existence issued that is appropriately extended
by the state where your company was initially settled. The
certificate should be original but it can also be presented
electronically and it must not be dated. This process has a cost of
$100.
Once you have already applied to this process it
could take around 1 month to be either accepted or refused and some
extra time for mailing depending on which state your company is
located. A copy of the registration form will be sent back to you
just in order to confirm that your process is already completed.
What happens if you don’t register?
Something that you don’t even have to think about is working without the permission of the state of New Mexico, it could give you some problems that can include penalties and fines, along with not enjoying the benefits of your company when operating without authorization. Learn about registering a foreign corporation here and the New Mexico incorporation process. It is far easier to sign up for our agent service than to run the risk of being out of compliancee. Plus, every entity we represent recevies limited free mail forwardring with virtual offices available for those who need them.
