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.
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.
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
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.
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.