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.
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
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.
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.