New Mexico Filing Forms

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New Mexico LLC Articles of Organization

How to form an LLC in New Mexico
This Quick Start Guide is a brief overview of how to form an LLC in New Mexico.

Detailed Lessons:

 

New Mexico LLC costs:
LLC formation: $50 (one-time fee)
Annual report: None

Need help?
Hire a company to form your New Mexico LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

(check out Northwest vs LegalZoom)

In this lesson, we will walk you through filing your Articles of Organization with the New Mexico Secretary of State. This is the document that officially forms your New Mexico LLC.

New Mexico LLC Secretary of State Corporations Bureau

(New Mexico Secretary of State, Corporations Bureau Building)

If you file by mail, the LLC filing fee is $50 and your New Mexico LLC will be approved in 15 business days.

If you want your mail filing expedited, you can:

– add an extra $100 on top of the $50 filing fee ($150 total) for 2-day processing, or
– add an extra $150 on top of the $50 filing fee ($200 total) for 1-day processing

Note: The extra expedited fee must be paid with a separate check or money order.

If you file online, the LLC filing fee is $50 and your New Mexico LLC will be approved in 1-3 business days.

Note: The “LLC filing fee” (the fee to create a New Mexico LLC) is the same thing as the “Articles of Organization fee”. The Articles of Organization is the document, that once approved by the Secretary of State’s office, creates your New Mexico LLC.

You will find instructions below for both filing by mail and filing online, however, we recommend the online filing since the approval time is much faster (without having to pay extra).

Important: Before proceeding with this lesson, make sure you have searched your LLC name and selected your LLC’s New Mexico Registered Agent.

Need to save time? Hire a professional to form your LLC in New Mexico:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

(check out Northwest vs LegalZoom)

Instructions for Filing New Mexico Articles of Organization by Mail

Note 1: You can print the forms, fill them out by hand (use blue or black pen), then sign; or, you can type inside the forms on your computer, then print and sign. When printing, use regular white paper (8.5″ x 11″).

Note 2: Your Registered Agent needs to sign your Articles of Organization. If you hired a Commercial Registered Agent (such as Northwest Registered Agent), please reach out to them for their pre-signed form.

Download New Mexico LLC Articles of Organization:
http://www.sos.state.nm.us/uploads/files/dllc.pdf

Download New Mexico LLC Document Delivery Instructions Form:
http://www.sos.state.nm.us/uploads/files/Corporations/DocumentDeliveryForm_3.pdf

Important: You must submit your Articles of Organization with the Document Delivery Instructions in order for your LLC to be approved.

How to Complete your New Mexico Articles of Organization

Page 1 – Articles of Organization

ARTICLE ONE. Name of your LLC
Enter your LLC name exactly as you would like it, including your preferred capitalization, as well as the designator “LLC” or “L.L.C.” (the abbreviation “LLC” is the most common).

You can use a comma in your New Mexico LLC name or you can leave it out. Ex: “ABC Widgets, LLC” and “ABC Widgets LLC” are both acceptable.

ARTICLE TWO. Duration
In this section, you need to let the New Mexico Secretary of State know about the duration of your LLC (how long it will remain in existence).

If you prefer for your LLC to be “open-ended” with no set closure date, leave this line blank.

Most people leave this blank as this gives them the freedom to close their LLC at any time in the future (by filing dissolution paperwork).

If you prefer for your New Mexico LLC to be automatically shut down on a specific date in the future, enter how many years and months your LLC will be in existence. Yes, you’ll need to do a little bit of math if you need your LLC shut down at a specific date; but again, most people just leave this blank.

ARTICLE THREE. Registered Office, Registered Agent, Street and Mailing Address of your LLC
Note: If you’re not sure who can serve as your New Mexico LLC’s Registered Agent, please refer to this lesson: New Mexico Registered Agent.

In #1, enter your Registered Agent’s street address. PO boxes are not allowed and the street address must be located in New Mexico. If a street address does not exist, provide a description of your Registered Agent’s geographical location (for rural addresses only).

In #2, enter the name (can be a person or a company) of your Registered Agent.

Note: If your Registered Agent is an individual, they must be a resident of New Mexico. If your Registered Agent is a company, they need to be authorized to do business in the state of New Mexico.

In #3, enter the street address of your LLC’s principal place of business. This can be a home address, a friend or family member’s address, an office address, or the address of your Registered Agent. If your LLC’s principal place of business is the same address as your Registered Agent’s, leave this line blank.

In #4, if you have a mailing address different than your principal place of business (or different than your Registered Agent’s address), enter that mailing address here. If you don’t have a mailing address that is different than your street address (which is common for most people), just enter your principal place of business address (or Registered Agent’s address) again here.

Note: If you want to use a PO Box for your mailing address, you can, but you can’t use a PO Box for your Registered Agent’s address or for your principal place of business address.

Learning Tip: We know the above few paragraphs were a mouth full lol! We recommend reading them twice while looking at the Articles of Organization. It’ll make more sense, and it might even be a good idea to fill out a form once just for practice. That’s the best way to learn ;)

ARTICLE FOUR. Member-Managed or Manager-Managed
• If your LLC is member-managed, do not check this box.
• If your LLC is manager-managed, check this box.

Note: Most LLCs are member-managed, where all the owners run the business and day-to-day operations. An LLC can also be manager-managed, where one, or a few designated people, run the business and day-to-day operations (while the members play more of a passive/investor role).

To learn more about member-managed LLCs vs. manager-managed LLCs, read this short article.

ARTICLE FIVE. Single Member LLC or Multi-Member LLC
• If your LLC is a single-member LLC (with just 1 member), check this box.
• If your LLC is a multi-member LLC (2 or more members), do not check this box.

ARTICLE SIX. Effective Date
Leave the “Effective Date” line blank if you want your LLC to be effective upon filing. This means your LLC will go into existence on the date it is approved by the New Mexico Secretary of State.

If you need your LLC to go into existence at a later date, enter that date here. The date cannot be more than 90 days forward. And you cannot back-date your filing.

Tip: If you’re forming your LLC in October, November, or December, and you don’t need your business open during those months, forward date your filing to January 1st. This will save you the hassle of filing any taxes for those 1-3 months. For more information, please see LLC effective date.

Executed Date, Signature and Printed Name of Organizer(s)
Enter today’s date on the “Executed Date” line. Then, print the name(s) of the Organizer(s). After you print the form, have the Organizer(s) sign.

An Organizer is a person (or company) who files the Articles of Organization. Just being an Organizer does not automatically make someone a Member (owner) of an LLC, although, sometimes, an Organizer is also a Member.

Tip: Most people who use our course are usually both the Member and the Organizer. If you’d like to learn more about the difference between an Organizer and a Member, this article will help: LLC Organizer vs Member.

Page 2 – Consent and Acceptance by LLC’s Registered Agent

You’ll see 2 boxes on this page. You will only be filling out one box (and leaving the other box blank), depending on whether your LLC’s Registered Agent is an individual person or a company.

• If your Registered Agent is an individual, use the 1st box (and leave the 2nd box blank):

– On the first line, enter the full name of the person who will be your LLC’s Registered Agent. This could be you, a friend, or a family member. Whatever name you enter here, must match exactly with what you entered on your Articles of Organization (Article 3, number 2). Remember, this person must be a resident of New Mexico.

– On the second line, enter the full name of your LLC, just like you did in your Articles of Organization.

– On the third line, have the individual sign.

• If you hired a Commercial Registered Agent, don’t enter anything in the 2nd box, as New Mexico requires original signatures here. Instead, your Commercial Registered Agent will fill it out, sign, and mail this form to you. Here’s why:

*Important: The NM Secretary of State requires original signatures on your forms (both on page 1 of the Articles of Organization, and on page 2 of the Registered Agent’s consent.)

Your Commercial Registered Agent should send you their signed forms by mail right after you sign up for their services. Please call your Commercial Registered Agent right away for details on how they handle this.

Note: If you need to hire a Commercial Registered Agent, we recommend Northwest Registered Agent ($125 per year). Northwest has been in the business for over 20 years and they have great customer support. Any mail that is sent to your LLC will be scanned by them and uploaded to your online account.

Complete your Document Delivery Instructions Form

If you forgot to download the Document Delivery Instructions Form above, here is the link again:
http://www.sos.state.nm.us/uploads/files/Corporations/DocumentDeliveryForm_3.pdf

Entity Name on filing:
Enter the full name of your LLC on this line. Make sure you enter it exactly as you did on your Articles of Organization.

Date Mailed or Dropped Off:
Most filers will be sending their documents through the mail. If that’s the case, use the 2nd line, and enter the date you’re placing the envelope in the mail.

If you’re hand-delivering your filing, use the 1st line, and make sure to enter the date and time you bring the documents to the Corporations Bureau.

Contact Business Name:
Most people leave this line blank, unless your company is filing this on behalf of someone else.

Contact Name:
Enter your first and last name here.

Email Address:
Enter your email address here.

Contact Phone:
Enter your cell, home, or work number here. The state will use this number in case they have any questions or issues with your filing.

Delivery Options:
If you want your documents returned via mail, check off “Mail to Address Below”. If you instead want to pick up your documents in person, check off “Will Pickup”.

Note: If you are picking up your documents in person, you must do so within 5 business days after you’ve been notified that they’re ready. If you are unable to pick up your approved documents within that time frame, contact the NM Secretary of State’s office at 800-477-3632 and let them know when you will be in. Otherwise, your documents will be mailed back to you.

Documents will be mailed to:

Attention:
Enter your first and last name here.

Mailing Address, City, State and Zip:
Enter the address where you’d like your documents returned to.

Prepare Payment:
Prepare a check or money order for $50, and make it payable to “New Mexico Secretary of State”.

Note on expedited filings by mail: if you’ve chosen to pay extra for an expedited filing, prepare a separate check or money order for the expedited amount (either $100 or $150). Remember, when filing by mail, your LLC will be approved in 15 business days, unless you pay $100 extra for 2-day approval, or $150 extra for 1-day approval.

Mail Documents:
Mail your completed Articles of Organization, Document Delivery Instruction form and filing fee to:

Secretary of State
Corporations Bureau
325 Don Gaspar, Suite 300
Santa Fe, NM 87501

LLC Approval for mail filing:
When filing by mail, your New Mexico LLC will be approved in 15 business days (unless you paid for expediting filing).

Once your New Mexico LLC is approved, you will receive an Acceptance Letter, a stamped and approved copy of your Articles of Organization, and an official Certificate of Organization. This documents will be sent to you via regular mail.

Note: You’ll use your Certificate of Organization and your Federal Tax ID Number to open a business bank account for your LLC.

See below for an example of an official NM Certificate of Organization.

Next step: Please scroll to the bottom of this lesson, where it says “Next Step”.

Instructions for Filing New Mexico Articles of Organization Online

Create an Online Account with NM SOS

1. Go to the New Mexico Secretary of State’s Corporations and Business Services’s website: https://portal.sos.state.nm.us/BFS/online/Account

2. In the “User Login” box (upper right corner), click the “Create User Account” button.

3. Enter your name, address, phone number, and email. Then click the “Continue” button.

4. Enter your desired username, create a password, and choose a security question. Then click the “Create My Account” button.

5. A confirmation page will appear telling you that your registration has been successful. Click the “Print the Login Details” to save a copy of your account information. Then click the “Login” button to proceed to your personal account.

Complete your New Mexico Articles of Organization Online

Note: If you already have an online account created, login here.

Get Started:
Hover above “Corporations” (in the top left menu area), then click “Domestic (NM) LLC Formation” in the drop down menu.

Entity Type
Make sure “Domestic Limited Liability Company” is selected from the drop down menu (it should be the only option).

LLC Name
In the “Proposed Limited Liability Company Name and Name Ending” box, enter your LLC name exactly as you would like it, including your preferred capitalization, as well as the designator “LLC” or “L.L.C.” (the abbreviation “LLC” is the most common).

You can use a comma in your New Mexico LLC name or you can leave it out. Ex: “ABC Widgets, LLC” and “ABC Widgets LLC” are both acceptable.

Tip on how to avoid a rejected filing: The most common reason LLC filings are rejected is because the name is not available. Make sure you’ve read our New Mexico LLC Name lesson before proceeding with your online filing.

Effective Date
Leave the “Effective Date” set to today’s date if you want your LLC to be effective upon filing. This means your LLC will go into existence on the date it is approved by the New Mexico Secretary of State.

If you need your LLC to go into existence at a later date, enter that date here. The date cannot be more than 90 days forward. And you cannot back-date your filing.

Tip: If you’re forming your LLC in October, November, or December, and you don’t need your business open during those months, forward date your filing to January 1st. This will save you the hassle of filing any taxes for those 1-3 months. For more information, please see LLC effective date.

Duration
In this section, you need to let the New Mexico Secretary of State know about the duration of your LLC (how long it will remain in existence).

If you prefer for your LLC to be “open-ended” with no set closure date, select “Perpetual”.

Most people select “Perpetual” as this gives them the freedom to close their New Mexico LLC at any time in the future (by filing dissolution paperwork).

If you prefer for your LLC to be automatically shut down on a specific date in the future, click “The period of duration is” and enter the following time frame of existence: years, months, and days, as well as the date of dissolution by selecting the date from the calendar button.

Purpose of your LLC (optional)
This section is optional, so you can leave it blank if you want, or you can let the state know about the purpose of your LLC.

An NAICS Code (North American Industry Classification System) is used by government agencies to identify your New Mexico LLC’s line of business and activities. It’s mostly used for statistical purposes.

Select your NAICS Code and Subcode from the drop down menus. If you don’t see your exact industry, you can just select the closest thing to it.

If you need help finding your NAICS Code/Industry, you can search their website here.

In the “Business Purpose” box, enter a few words or a sentence about what your business does. It doesn’t have to be extremely specific, and you are not going to be forced to do this forever. You can always change the purpose of your business at any time. You can enter just a few words, (ex: “pizza shop”, “real estate investing”, “landscaping”, etc.), or a short sentence (ex: “restoration of old cars”, “life coaching services and products”, etc.).

Click the “Continue” button to proceed.

Registered Agent
If you’re not sure who can serve as your New Mexico LLC’s Registered Agent, please refer back to this lesson: New Mexico Registered Agent.

• If your Registered Agent is an individual (such as you, a friend, or family member), select “Individual”. A “Create Registered Agent” button will appear below. Click that button to enter their info. A popup box will appear.

– In the “Agent Information” section, enter your Registered Agent’s first name, last name, phone number and email address.

– In the “RA Physical Address” section, enter their street address. Remember, the address must be located in New Mexico and PO Boxes are not allowed.

– In the “Mailing Address” section, check off “same as Physical Address” if your Registered Agent’s mailing address is the same as their physical address. If not, enter their mailing address.

– Then click the “Create Agent” button to finish.

• If you hired a Commercial Registered Agent, select “Entity”. 2 boxes will appear below.

– Enter the Commercial Registered Agent’s company name in the “Entity Name” box and then click the “Search” button.

– Once you find your Commercial Registered Agent’s name in the list, select their name and click the “OK” button once. The information will be automatically saved one section down.

Notes:

• If you hired Northwest Registered Agent ($125 per year), search for “Northwest Registered”, as their official name in New Mexico is “Northwest Registered Agent, Inc”.

Entity Email Address and Contact Information
I know “Entity Email Address” sounds official, but just enter your personal email address in the first box. You don’t have to go and create a new email address just for this filing. Enter your phone number in the second box. It can be your cell, home, or work number.

Principal Place of Business
Your Principal Place of Business is your LLC’s location. This can be a home address, a friend or family member’s address, an office address, or the address of your Registered Agent.

If you’re going to use the address of your Registered Agent, check off “Same as Registered Agent Physical Address”.

If you’re going to use your home address, a friend or family member’s address, or an office address, then enter that street address instead.

Mailing Address
If your LLC’s mailing address is the same as your Registered Agent’s address, or your LLC’s Principal Place of Business, check off “Same as” at the top, and then select from the options in the drop down menu.

If you need to use a different mailing address, then enter that address here.

Click the “Continue” button at the bottom right to proceed to the next step.

Note: A popup message will appear stating “Please use the principal place of business in New Mexico in the DLLC address change flow online”. This is not important and you can disregard. Just click “Okay”.

Manager Information
If your LLC is member-managed, select “No”. And you do not need to click the “Add Manager” button.

If your LLC is manager-managed, select “Yes”, click the “Add Manager” button, and then enter your manager’s contact information and click “Add” at the bottom to save.

Note: Most LLCs are member-managed, where all the owners run the business and day-to-day operations. An LLC can also be manager-managed, where one, or a few designated people, run the business and day-to-day operations (while the members play more of a passive/investor role).

To learn more about member-managed LLCs vs. manager-managed LLCs, read this short article.

Member Information
• If your LLC is a single-member LLC (with just 1 member), select “Yes”.
• If your LLC is a multi-member LLC (2 or more members), select “No”.

Regardless of whether your LLC is a single-member LLC or a multi-member LLC, you still need to click the “Add Member” button to add your LLC members.

Enter the first Member’s information and click “Add” to save. If your LLC has just 1 member, click the “Continue” button at the bottom to proceed.

If your LLC has 2 or more members, continue clicking the “Add Member” button and saving each Member’s information. When you’re finished, click the “Continue” button at the bottom to proceed.

Organizer Information
Click the “Add Organizer” button, enter their contact information, and then click the “Add” button to save.

An Organizer is the person (or company) who files the Articles of Organization with the Secretary of State. Just being an Organizer does not automatically make someone a Member (owner) of an LLC, although, often, an Organizer is also a Member of the LLC.

Tip: Most people who use our course are usually both the Member and the Organizer. If you’d like to learn more about the difference between an Organizer and a Member, this article will help: LLC Organizer vs Member.

If you have multiple people organizing the LLC, click the “Add Organizer” button again to save each person.

Important: Check off the little box under the “Authorized By” column (it’s to the right of the Organizer’s information). This means that this Organizer will be electronically signing the form. This will also auto-populate their name under the “Authorizer Name”, in the Certify section below.

Certify: Executed Date
This should be today’s date. You cannot back-date your filing.

Certify: Authorizer Name, Title, and Actions
By checking off “Authorized By” (as mentioned above), the Organizer’s name and title will be automatically listed under the “Authorizer Name” section. Do not enter the Organizer’s name at the very bottom.

To clarify, here is what it will look like:

new mexico llc online filing

Next, click the “Continue” button at the bottom right to proceed.

Review
Review your information for accuracy and check for typos. If you need to make any changes, click the “Edit” button to the right side of any section.

If everything looks good, click the “Continue” button at the bottom right.

Payment
Check off “I wish to pay by Credit Card”, then enter your credit/debit card and billing information. Once finished, click the “Pay Securely using Credit Card” button to submit your filing to the state.

Congratulations, your New Mexico LLC has been filed for processing!

LLC Approval for online filing:
After filing online, your New Mexico LLC will be approved in 1-3 business days. You will receive an Acceptance Letter, a stamped and approved copy of your Articles of Organization, and an official Certificate of Organization. Your approval documents will be returned via email.

Note: You’ll use your Certificate of Organization and your Federal Tax ID Number to open a business bank account for your LLC.

Here’s an example of what the NM Certificate of Organization will look like:

New Mexico LLC Certificate of Organization

Next Step

Once you file your New Mexico LLC’s Articles of Organization, and it’s approved by the state, you can then proceed to the next lesson: New Mexico LLC Operating Agreement.

New Mexico Secretary of State Contact Info

If you have any questions, you can contact the New Mexico Secretary of State at 505-827-4508 (Monday – Friday: 8am – 5pm).

Matt Horwitz
Founder & Educator, LLC University®
Forming an LLC shouldn't be so complicated. Our step-by-step guide will make the process a breeze – and no complex legal jargon! LLC University® teaches people how to form an LLC for free in all 50 states. We hope you find our free guides and resources helpful in your business journey.

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