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To start an LLC in New Mexico you file articles of organization with the Secretary of State through its online business portal. Paper is out. The office states that all business filings have moved to an online process and that it will no longer accept paper filings for any business application. A fee for the LLC filing was not on any page we could read, so we do not print one. Look at the fee screen in the portal before you pay. Our New Mexico business guide covers searching records.
What makes the LLC exist?
The Secretary of State's FAQ for LLCs and corporations describes an LLC as formed under the Limited Liability Company Act by an organizer or organizers who file articles of organization with the Secretary of State. The owners are called members. The Act is NMSA 1978 sections 53-19-1 to 53-19-74, which the office links on its statutes page.
The start a business page says all LLCs, corporations and partnerships must first register with the Secretary of State, and that LLCs can be registered online. The online services page names the service Domestic NM Limited Liability Formation.
How do you file?
- Create a portal account at enterprise.sos.nm.gov. Use a desktop or tablet, because the office says the portal is not set up for phones.
- Log in and open the Forms tab on the left.
- Choose the domestic LLC formation service and complete it.
- Name your registered agent, and have the agent's Statement of Acceptance ready.
- Pay the fee shown on screen.
We read no page that gives a processing time or an expedite price, so we list none. If you need to speak to someone, the Business Services walk-in hours run Monday to Thursday. The office is closed to walk-in business customers on Fridays, but online and phone services stay open.
Who is your registered agent?
New Mexico ties the agent to good standing. A business that does not maintain a New Mexico registered agent with a physical address is not in good standing and compliance. The agent can be an individual or a corporation authorized in the state. The full rules are on our New Mexico registered agent page.
What about the name?
We could not read a page that sets out New Mexico's required LLC endings, its name standard or a reservation fee, so we do not state them here. Run your name through the portal's public business search first, then see how to check LLC name availability. The office does list name reservation among its forms for foreign LLCs, and says it is not required if you file the application for registration. Ask the portal whether the same holds for a domestic LLC.
What comes after the filing?
Write your operating agreement and get an EIN; the steps are in how to get an EIN. Then keep your agent details current.
What does yearly upkeep look like?
The biennial report belongs to corporations. The Secretary of State's page of maintenance filings for a domestic LLC lists no report. It does list amendments, restated articles, conversion, merger, dissolution, a registered agent change or resignation, copies and certificates.
That does not mean the LLC can forget it. You still need a valid agent, and you still need to pay any fees the law requires, or the LLC drops out of good standing and compliance. The Certificate of Good Standing and Compliance is requested in the portal.
If your LLC was formed elsewhere, it files an Application for Registration instead; see foreign LLC registration. Neighbouring states to compare are Colorado, Oklahoma and Texas.
When you are ready, use the start an LLC form.
After approval, check the rules in our New Mexico business license guide.