When it comes time for your registered agent to resign his or her duties, there are a few steps that should be followed to ensure a proper resignation. The role of registered agent is an important one for your LLC. Maintaining this role is a requirement for your LLC, so you will want to handle the resignation correctly to avoid any potential penalties or openings for personal liability. Thankfully, the resignation process is a straightforward one. Here are the necessary steps for resigning your role as registered agent of a New Mexico LLC:
If you would like to resign as 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:
Remember to include two copies of this statement when submitting. In addition, you will need to include a Document Delivery Instruction Form. On your form, be sure to include the following information:
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 principal place of business address provided them.
Note: 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. Additionally, it will 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 10 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.
Once you learn of your current Registered Agent’s resignation, you will need to work on an immediate replacement. Maintaining a Registered Agent is a requirement for LLCs. Failing to do so could result in penalties and your LLC loosing its good standing with the state of New Mexico.
As noted above, you have a period of 30 days to replace your Registered Agent once the resignation has been processed by the state. When you conduct your search for a replacement, keep in mind that your Registered Agent must fit certain criteria to qualify for the role. In New Mexico, These are the criteria that your Registered Agent must meet:
Also, keep in mind that you have the option of enlisting the help of a professional service. Utilizing a registered agent service can save you time and ensure the duties are expertly handled.
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