Before You Start
This process has a cost that may vary from $200 (minimum) to
$1,000 (maximum). This process could also get some extra charges
for different extra process: $25 for a non-profit registration,
$100 for an expedited process for 2 days and $150 for an
expedited process of only 1 day. The fees for a
corporation are
different than those for an LLC.
Keep in mind that the normal time it takes the process to finish
is around a month, plus the time it takes for it to arrive in
the mail. However, you could save yourself that time through the
expedited process options.
Once the process has ended, you will receive by mail: a
Certificate of Authority and a copy of the application you
filled in the registration process.
What forms do I have to complete to register my corporation in
the State of New Mexico? The Certificate of Good Standing or
Existence, the Application for Certificate of Authority from in
Duplicate, and a Statement of Acceptance, as well as the filing
fee are all you will need to present.
Do I need any documentation from the state where my business is
currently located? It is required of you to present a
Certificate of Good Standing or Existence. Remember, this
document has to be an original, unless it was issued to you
digitally. Also, the document has to be current, from within the
last 30 days.
Will I need a
registered agent in New Mexico?
Yes. You will, in fact, need a registered agent. We
will gladly offer our services to act as your registered agents
for New Mexico. There are many benefits that come from us acting
as your registered agents
(such as free mail forwarding), so get in touch with us and let us get started! Remember, the
registered agent has to sign the filing.
How can I file the Certificate of Authority?
You have two options. You can either fill it out in person
or by mail.
How do I do this if I'm out of state?
State of New Mexico
Public Regulations Commission
Corporations Bureau
Chartered Documents Division
PO Box 1269
Santa Fe, NM 87504-1269
Phone:
(505)827-4511
The signatures on the New Mexico Corporation Application should
be original?
The signature in the original application should be an
original one, but the duplicate can be a copy, so you only have
to sign it once.
So whose signature is needed for the filing?
It can be signed by any authorized officer representing
the corporation
Anything else I have to keep in mind?
County filings and publications are not needed in the
state of New Mexico, unless the county in which your registered
agent is located requires it.
What about reporting requirements? Any initial or ongoing
reports that I have to know about?
You better verify your reporting due date by performing a
name search in the official website of the State of New Mexico.
Through this, you will be able to check your good standing
through date, which will be the same date for you to submit your
reporting.
New Mexico for-profit corporation: These corporations have an
initial report that will be mailed to you once your filing
process is done and will have to be submitted within a period of
time no longer than 30 days. These corporations also receive a
biennial report.
Non-profit corporations. This corporations receive an
annual report every 15th day of the 5th month exactly after they
close their fiscal year, which most of the time is on May 15th.
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 of states, the
term “transacting business” is not always clearly defined.
You may also consider
forming an LLC in New Mexico
which is
anonymous by
default.
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 register. Learn more about
incorporating in New Mexico.
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 exactly place where your company is
located.
• The address of the place where your main
offices are placed.
• The street address and the name
of the registered person you have working in New Mexico.
• The name of all the persons that are related to the
LLC in it legal area.
• The authorized signature of
the responsible person of the company.
that your
agent is
available to assist to any appointment necessary.
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.
Don't want to register a
foreign entity, and instead want to
form a new corporation? Let us do it.
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 that reach $200 for every year you have been working without permission. Learn about registering a foreign LLC here, incorporating in New Mexico here, and setting up a virtual office here.
