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.
