New Mexico Registered Agent Requirements

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New Mexico Registered Agent Requirements
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How to Choose a New Mexico Registered Agent

Every New Mexico LLC must maintain a registered agent in the state. Each agent's service can vary and that large "national registered agents" really just outsource their operations to local companies like us. Knowing how to pick a registered agent you can trust is essential, whether you're just starting a business or unsatisfied with your current agent.

A poorly performing agent will cause more headaches than they are worth. They may carelessly make your private information public or may make you fill out the change of agent paperwork yourself. However, if you choose us for your registered agent service, then we do everything to keep you anonymous.. We file all necessary paperwork with the Secretary of State and pay the fees to change your agent and office address to us. We'll make sure you meet all of the New Mexico registered agent requirements. And after switching to our service, you'll receive:

  • Free mail scanning
  • Mail forwarding
  • Affordable virtual offices
  • A physical address you can list as your own
  • Anonymity and privacy

If you are looking for additional privacy, then you may want to consider establishing a virtual office that includes mail scanning. Doing so will allow you to establish a separate phone number, receive a lease, and receive unlimited mail at our address instead of yours.

Note that if we form your New Mexico LLC, registered agent service is included for free for the first year. We make it easy to satisfy all of the state's requirements for your business!

What Is a Registered Agent?

What Is a Registered Agent?

A registered agent is someone in the state where your business is registered who can receive documents on your behalf and forward them to you. New Mexico statutes state that every corporation and LLC must maintain a registered agent, whether you formed your company in New Mexico or you're a foreign entity operating here. Every registered agent must have a physical address in New Mexico, be available during normal business hours, and be able to forward any received documents. You may also see registered agents referred to as resident agents, statutory agents, registered officers, and agents for service of process.

Why Hire a Professional Registered Agent?

A professional registered agent makes your life easier while protecting your anonymity. The wrong registered agent can cost you time and put your personal information at risk.

Our registered agent service provides everything needed to keep your company compliant from year to year and the free use of our address. Your personal information will not be listed anywhere: We pay the state's fees for your business, we handle the paperwork, and we receive documents on your behalf.

How to Find a New Mexico Registered Agent

What Is a Registered Agent?

New Mexico does not provide a list of registered agents to search, so you'll need to do your own legwork. When searching for an affordable registered agent, you should keep a few things in mind.

Your resident agent must be a resident of New Mexico with a physical address in the state (P.O. boxes don't count), and they must be available during business hours to receive documents on your behalf. Reviews should be readily available for your new registered agent. We strongly suggest looking them over and perhaps asking for a portfolio of the LLCs and corporations that they currently work with. This will give you an idea of their scope and experience and whether or not they're up for dealing with the needs of your company. A low annual fee can come with low-quality service, so make sure you know what you're getting. You should also ask if they have an online portal, allow you to use their address for business mail, and complete all of the necessary paperwork on your behalf. We do all of the above to make it easy on you as part of our low-cost registered agent service.

If your registered agent resigns, you have 30 days to replace them once the resignation has been processed by the state.

Why Not Just Pick the Cheapest Registered Agent?

What Is a Registered Agent?

A registered agent's job is to accept legal documents and important mail on your company's behalf. A good agent will keep your New Mexico LLC anonymous, scan or forward mail they receive, and be in the office all day in case they need to handle something for you. A cheap agent might accidentally put your name into the public record, refuse to handle business mail or even fail to notify you in the event of a lawsuit. They may not even pick up the phone after you've paid them.

A bad agent can wreak havoc on your organization. The worst scenario is not being informed of a lawsuit. In this scenario, in the law's eyes, you have been served, but you are not aware of it. You might only find out after missing important court dates and deadlines. How much did using the cheapest registered agent save in the end?

There are horror stories, but the strongest reason not to choose a cut-rate option is to avoid the resulting hassle. Other providers make you complete forms and constantly check back with them. They may or may not provide an online document center. These small imperfections add up to a frustrating experience.

If you choose our service, however, then we take care of everything. We also offer the ability to prepay for multiple years and receive a discount. In those cases, you can run your company for up to five years before needing to worry about any filings or fees.

Making the Final Decision on an Agent

Registered agents are not difficult to find, not difficult to keep, and easy to maintain a business relationship with. Find one who wants to do their best for your business and keep them busy.

How to Change Your Registered Agent

There are many instances in which you might need to change a registered agent. New Mexico services like ours make the process pretty simple:

  • Fill out our order form, which takes less than five minutes.
  • Let us do the rest.

Though the process differs slightly depending on the state that you're in, most laws simply state that you must pay a small fee and file a form to change your registered agent. Most states have filing fees between $10 and $50. Best of all, most of the time, your new registered agent will fill out the paperwork for you and file it. You need only supply the funds to support it and you're done, except perhaps for a signature. You're out the door and back to business, and your new registered agent is already on the case working for you.

Why Would You Change Your Registered Agent?

There are dozens of reasons why you may be changing your registered agent. Maybe they're going out of business or retiring, or perhaps you just aren't getting along with the agency and want to move on. That's fine.

However, this isn't something to do on a whim. If you have a good registered agent, stick with them. They have an important job for an LLC or corporation, so unless they're missing their deadlines or they're giving you guff, you probably have few reasons to change them.

Are There Laws Against Changing Your Registered Agent?

No, there are no laws against changing your registered agent. You have every right to change your registered agent whenever you want.

The only exception is if there is an active investigation going on that states that you cannot do this. This does happen occasionally: You may end up in a situation where you've done nothing wrong but the state is investigating the registered agent for wrongdoing. If this occurs, the state should allow you to ask for a pass to release you from this registered agent. Unless you are involved in the wrongdoing, you should not be held to a contract that is putting your business or your livelihood at risk. However, we do encourage you to keep documentation from old registered agents for three to five years in case of possible inquiries. The faster you can give inquiring parties the documentation they need, the sooner you can get back to business as usual.

How to Resign as a Registered Agent

How to Resign as a Registered Agent

Because maintaining this role is a requirement for your New Mexico LLC, a registered agent resignation must be handled correctly to avoid any potential penalties or openings for personal liability. If you would like to resign as a registered agent of a New Mexico LLC, you will need to notify the New Mexico Secretary of State. In your notification, be sure to include two copies of your written resignation, as well as a document delivery instruction form.

For your written resignation, keep in mind that there isn't an official form to fill out, so you will need to write your own statement of resignation. When you draft your resignation statement, be sure to include the following information:

  • LLC name
  • Business ID number
  • Registered agent name
  • Registered agent address
  • Principal place of business address
  • LLC's mailing address
  • Statement of resignation
  • Name, title, and signature of registered agent

Remember to include two copies of this statement. In addition, you will need to include a document delivery instruction form. On your form, be sure to include the following information:

  • LLC name
  • Mailing address
  • Contact name, phone number, and email

You will also need to indicate how you would like your documents delivered, whether you will pick them up or if you prefer to have them mailed to the address identified on your form. Keep in mind that your documents will not be held for longer than five business days.

If you are mailing your documents, address them to:

Office of the New Mexico Secretary of State
ATTN: Corporations Bureau
325 Don Gaspar Ave., Suite 300
Santa Fe, NM 87501

If you are delivering your documents in person, take them to:

New Mexico Secretary of State
State Capitol Annex North Building, 3rd Floor
325 Don Gaspar Ave., Suite 300
Santa Fe, NM 87501

Once your resignation has been processed, the Secretary of State will mail a copy of the notice to your LLC at the business address provided to them.

Note that there is no requirement that a registered agent inform the LLC prior to resigning, though prior notification can help the company prepare for the change. It will also help the registered agent pass their duties on to the next in line faster, as the resignation does not take immediate effect. The resignation becomes effective 30 days after the Secretary of State has received the notice or once a successor has been appointed, whichever comes first.

The typical processing time for your resignation is ten business days. There is no fee associated with submitting your resignation. There are expedited options available; if you choose this option, submit an expedite form along with your other documents. The cost for same-day services is $150, and the cost for two-day services is $100.

Protect Your Business in New Mexico With Our LLC Professionals

Businesses choose NM for our anonymity and low fees, and business owners choose Cindy's New Mexico LLC Formation Service for our expertise, our level of service, and our reasonable prices. Beyond acting as your registered agent in New Mexico, we are happy to provide services such as forming your LLC, setting up a virtual office, and forwarding mail for your New Mexico company. We can also help you learn about the advantages of a New Mexico LLC, how to remain anonymous, what an LLC operating agreement is, and even how to open a bank account.

There are other registered agent services in New Mexico, but most won't let you use their address, have expensive or non-existent mail forwarding, and/or try to hide their fees. With us, everything is upfront and simple. We also offer discounts if you pay for multiple years ahead of time. Make the smart choice: Let us help you with your business needs today.

Frequently Asked Questions

Can I Be My Own Agent?

You may only be your own registered agent if you live in New Mexico. However, in such cases, there are still good reasons to choose a professional service. Here is why you should not be your own agent:

  • Your name and address will be online.
  • Your phone number and email address will be public.
  • There will be many forms to fill out and fees to pay if you move.
  • Employees can see sensitive documents.

What if You Don't Have an Agent?

This question comes up from time to time when people think they can beat the system. New Mexico's Secretary of State makes it very easy to form LLCs and corporations while keeping your information private. They also make annual compliance easy because there are no annual reports for New Mexico limited liability companies. This means no dissolution for failure to pay annual fees and dues like in other states such as Nevada, Wyoming, and Delaware. But the only thing the Secretary of State asks is that your entity must have a registered agent in New Mexico: There's no getting around it.

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