Last Updated on February 4, 2022
How much does it cost to form an LLC in New Mexico?
To form a Limited Liability Company in New Mexico, file the Articles of Organization with the New Mexico Secretary of State. The LLC filing fee is $50.
Approval for the LLC typically takes between 2-3 weeks when filing by mail and 2-3 days when filing online.
Steps to Form a New Mexico LLC
Step 1: Create an Account
Begin by creating a user account with the New Mexico Secretary of State’s Corporations and Business Service’s website.
Step 2: Begin Creating an LLC
Place your cursor over “Corporations” in the top menu and then select “Domestic (NM) LLC Formation.
Step 3: Name Registration
Entity Type -Make sure “Domestic Limited Liability Company” is still selected in the drop-down box.
Entity Name – Enter the proposed name you want for the LLC. The LLC’s name also has to differ from other entity names registered with the Secretary of State. You can check on New Mexico LLC name availability before filing to be sure the one you want is available, or if you are in the process of filing, use the “Entity Name” field to search the database.
Additionally, the name of the LLC must include one of the following designators at the end of the business name:
- Limited Liability Company
- Limited Company
- Limited Liability Co.
- Limited Co.
- Ltd. Company
- Ltd. Co.
If there is a name you want to use but aren’t ready to form the LLC, the Application for Registration of Limited Liability Company Name can be filed to hold the name for up to 120 days. The state filing fee for a name reservation is $20, paid to the Secretary of State.
Step 4: Purpose & Duration
Effective Date Request – If you want the LLC to start immediately, choose today’s date. If you want to LLC to start later, enter a date less than 90 days in the future to start.
Period of Duration – If you intend the business to exist forever, which most businesses do, leave “Perpetual” selected. If you have a specific end date in mind (typically used for investment-related businesses), choose how long the LLC will operate after selecting “The period of duration is.”
NAICS – This section is optional and asks for information regarding the activities of the business. To do that, there is a number called NAICS (North American Industrial Classification System). This code is a six-digit number that classifies and categorizes the different business industries. This information is used in reporting statistical data for each of the industries in the U.S. Remember this number as you will need it when filing annual tax returns. Find your NAICS number here.
If the activities of your business aren’t specifically listed, choose one that is close. The filing allows for up to three codes to be entered.
Business Purpose – Another optional section, the Secretary of State is asking for some basic information about what the business does.
Step 5: Registered Agent & Address Information
Initial Registered Agent – A New Mexico Registered Agent must be identified before forming an LLC for service of process. The Registered Agent can either be a resident of New Mexico (Select “Individual”) or a Resident Agent service (Select “Entity”). The agent must have a physical address in the state (PO Boxes are not allowed), be available during normal business hours, and act as a point of contact to receive legal documents, tax notices, summons, subpoenas, etc. on behalf of the LLC.
Entity Address and Contact Information – Enter your preferred email address and phone number (can be personal or business) for the Secretary of State to contact you.
Principal Place of Business – In this section, enter the street address, city, state, and zip code of the initial principal office. This address can be the LLC’s physical address, or it can be the address where the business records are stored. You may not use a PO Box for the principal place of business. This address can be the same as the Registered Agent.
Mailing Address – If the mailing address is different from the primary place of business, enter that address in this section. If the mailing address is the same as the principal place of business, click on the “Same as” box to copy an earlier used address.
Step 6: Manager / Member Info
This section asks for information regarding the LLC’s managers and members.
Managers, also known as a Manager-Managed LLC, are people hired by the members to run the LLC, similar to a CEO of a corporation.
Members are the owner(s) of an LLC. An LLC managed by the members is known as a Member-Managed LLC. In this setup, the members have an active involvement in the management of the LLC.
Step 7: Organizer Information
An LLC Organizer is someone involved with the formation of the Articles of Organization. The Organizer may or may not become a member, such as a mentor, attorney, or accountant, but any of the initial members could be listed as organizers. Click the “Add Organizer” button and enter the Organizer’s information.
Additional Articles – This is an optional section and not used by most LLCs. Here you would include additional rules for the operation of the LLC.
Certify – One of the Organizers will certify the Articles of Organization. Select the Organizer who will be certifying the Articles by checking the checkbox “Authorized by” in the earlier “Organizer Information”).
Step 8: Review
Review that all of the information is correct. If there are no corrections, click “Accept.”
Step 9: Pay and File
Pay and file the Articles of Organization.
In approximately 2-3 business days, the LLC will be approved if filing online, or up to 15 days when filing by mail.
If mailing send paperwork to:
New Mexico Secretary of State, Corporations Bureau
325 Don Gaspar, Suite 300
Santa Fe, NM 87501