Form a New Mexico LLC

How to File an LLC in New Mexico

Filling an LLC in the State of Mexico requires several steps. We will walk you through them as well as introduce you to additional steps to set up your business. These are the steps below, but they require a lot of explanation. Get your notepad ready and learn how to file your LLC.

1. Create an Operating Agreement
2. File Articles of Organization
3. Apply for an EIN
4. Get the Appropriate Licenses
5. Know the Taxes
6. Get a Bank Account

Choose Name

Start by choosing the name of your organization. The name you chose should be unique. You will not be able to use a name that is not different from other businesses in the state that have a similar name. How will you know if there is a name similar to your chosen name already? It is easy to find out. Just go to the Business Name Search Webpage at New Mexico Secretary of State website and conduct a New Mexico LLC search.

Once you have verified that your entity name is unique, your chosen name also has to follow specific New Mexico guidelines. Any Limited Liability Company established in the State of New Mexico has to end with a designation that shows it’s a Limited Liability Company. A list of choices is below.

  • LLC
  • L.L.C.
  • LC
  • Ltd.
  • LTD.
  • Limited
  • Limited Co.
  • Limited Company
  • Limited Liability Co.
  • Limited Liability Company

Notice LLC is the top choice, and that is because it’s the most common choice. However, any of these designations will be sufficient. Your name must end in either of these designations and it cannot have any naming conventions that suggest that it’s another type of legal entity outside of a Limited Liability company. This means your business name cannot be, “Shelby’s Garage Corporation, LLC.” Notice “Corporation” in the name. Since Corporation is another type of entity that can be registered with the state of New Mexico, you will not be able to include it in your entity name and file it as an LLC. See a list of all the legal entity alternatives that cannot be included in your business name.

1.  Inc.

2. Incorporated

3. Corp.

4. Corporation

5. LLP

6. LP

7. P.A. or P.C.

8. Professional Association or Professional Corporation

9. Non-Profit Corporation

As you can see, choosing an entity name comes with careful consideration. You will want to choose the correct name that reflects your business but also is legal with the State of New Mexico. After all of your careful consideration, the State of New Mexico offers you the ability to reserve your name for a duration of time while your entity application is being processed. This is called name reservation.

Choose A Registered Agent

Every new filing requires a registered agent to be listed on file with the secretary of state’s office. The purpose of this agent is to serve as a point of contact to receive and execute communication on behalf of the entity. The filing agent will also be responsible to initiate the filing, ensure fees are paid as well as receive any communication about the annual renewal of the entity’s registration with the State of New Mexico.

The filing agent can be anyone who has ties with the organization or not. Even the entity itself can serve as its own registered agent. The requirement of a registered agent is to have a valid address. This address will serve as the official office address on record with the State of New Mexico for your entity.

It is important that your chosen registered agent is responsible and fully capable of managing correspondence on behalf of the entity. The registered agent will be the contact person to receive any legal service, notices and other types of correspondence

Create Articles of Organization

Your LLC New Mexico will launch with Articles of Organization. The Articles of Organization is a form filed with the New Mexico Secretary of State petitioning to legalize your business as a new LLC.

The Articles of Organization is simple and requests information about your business name, registered agent, and managing members.

You have two ways to file articles of organization with New Mexico Secretary of State LLC.

  • By Mail
  • Online

The cost to file by mail $50. Your new LLC will be approved within 15 business days. You can request the filing be expedited by paying an extra fee. This extra fee has to be mailed as a separate check or money order along with the filing fee of $50.00.

– add an extra $100 for 2-day processing, or

– add an extra $150 for 1-day processing

You can file online, and the processing time is much quicker. File online, and your New Mexico LLC formation will be completed in 3 days. The cost to file online is also $50, but there is no cost to for expedited service since the online filing option is 3 days compared to 15 days for mailing.

Let Us Help You!

Let Us Help You!

File by Mail

1. Download the New Mexico Articles of Organization Form
2. Download the New Mexico Document Delivery Instructions
Once you’ve downloaded the New Mexico LLC Articles of Organization form, print and complete the form using blue or black ink and ensure it is signed by your registered agent.

Print the completed form if you typed in the information, then print the Document Delivery Instructions form. This must be included with your Articles of Organization form. Mail the form to the designation given by the delivery instructions.

File by Mail

There are six articles to complete when filling out the Articles of Organization Form. We will walk you through them.

Article 1

Enter your LLC name exactly as it will appear on any other documentation bearing the LLC name. This is the legal name your LLC will be organized as with the State of New Mexico.

Article 2

This section allows you to set a date you desire the LLC to dissolve (close). If you do not wish for an automatic dissolution date, leave this section blank. Your LLC will be regarded as “open-ended” with no date of dissolution.

Article 3 – Registered Agent

Here, you will list your registered agent, their address, and the business address information. Remember your registered agent must have a valid New Mexico address. If you are using a business for your registered agent, they must be authorized to do business in the State of New Mexico. You may use a PO Box for the mailing address, but the street address has to be a physical New Mexico address.

1. Address of registered agent
2. Name of registered agent (Can be a business)
3. Street address of the LLC’s main place of operation
4. Enter a mailing address. If it is different from the street address or registered agent, ensure to enter the address you desire to receive mail correspondence.

Article 4 – Management Type

Is your LLC member-managed or manager-managed?

A member-managed LLC is where one of the organization members of the LLC is also serving as a manager of operations.

A manager-managed LLC is where the members have hired a manager to run operations, but the manager is not a member of the LLC.

Choose whichever applies and input it in this section.

Article 5 – Single Member LLC or Multi-Member LLC

Check the box that fits your LLC organization type. If you have multiple members organizing the LLC, check multi-member. If you have a single person organizing the LLC, check single-member.

Article 6 – Effective Date

Choose the effective date for your LLC. This will go down as the official date the LLC is organized with the State of New Mexico

Leave this blank if you want your effective date to be the date of filing.

You may list a date up to 90 days into the future.

Execute

Execute the articles of organization by having the organizer(s) sign and print their names. An organizer is someone who completes and files the articles of organization. In some cases, this is not a member of the LLC, but in most cases it is. If an organizer is not a member of the LLC, they won’t become one by being the signing organizer.

Registered Agent

Have your registered agent consent and accept their role as the LLC’s registered agent. The registered agent will complete the box that represents whether they are an individual or a business.

The registered agent’s signature must be original. Do not send pre-signed forms or photocopies of the original articles of organization.

Complete Document Delivery Form

Complete the sections on this form.

  • Entity Name on Filing
  • Date Mailed or Dropped Off
  • Contact Business Name
  • Contact Name
  • Email Address
  • Contact Phone
  • Delivery Options

With the delivery options, designate where you want the completed forms to be returned to you.

Payments

Include a money order for $50 for your filing fee. If you wish to have it expedited, include the additional expedited fee as a separate money order.

Mail

Mail to:

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

You can expect to receive your acceptance letter and certified copy of your articles in the mail in 15 days, or if you elected expedited service.

Filing Online

Filing online will require similar steps as completing the mail-in articles of organization.

1. Create a user profile with the Secretary of State’s website.

2. Complete the Articles step by step within the portal:

  • Entity Type
  • LLC Name
  • Effective Date
  • Duration
  • Purpose of LLC (Optional)
  • Registered Agent
  • Entity Email and Contact Information
  • Primary Place of Business (Physical Address)
  • Mailing Address
  • Manager Information
  • Organizer Information
  • Ensure to check “Authorized by” box
  • Review
  • Payment

Your LLC will be approved in 3 days. You will receive your acceptance letter and certificate of organization by email.

Employee Identification Number

If you don’t want to be in trouble with the IRS, obtaining an Employee Identification Number (EIN) is a major step in setting up your business. The EIN is separate from filing your new LLC.

What is the EIN?

The EIN is like the social security number for your business. It is what the IRS uses to track your revenue for tax purposes. It is also what other businesses and vendors will use to do business with you.

How to Obtain an EIN

To obtain an EIN, simply go to the online EIN application. You will receive your EIN immediately after completing the application. If you are not able to apply online, you can fill out form SS-4– and mail it into the IRS. Follow these instructions for mailing in your SS-4 form.

The EIN may be referred to by various other titles, such as Taxpayer Identification Number (TIN), Federal Employee Identification Number (FEIN), or Federal Tax Number. No matter what name it’s called, it serves the same purpose and will be a requirement if you wish to pursue a financial footprint with your LLC.

Annual Report

Luckily for New Mexico business owners, filing an annual report is not required. In most states, business owners must register their business each year through an annual reporting process, which includes renewal fees and requirements to update information about managing members and the registered agent.

New Mexico does not require this, but they do require an Income and Information Return for Pass-Through Entities (PTE). This form reports the taxes that the LLC and each member of the LLC owe as a result of the revenue generated by the LLC. Visit New Mexico’s PTE website for more information.

Let Us Help You!

Let Us Help You!

Taxes

The complexity of tax situations makes it difficult for new LLCs to ensure they are set up correctly and protecting themselves from financial risks. Each business’ tax situation is different. The type of tax you are responsible for will largely depend on the type of business you operate. New Mexico’s tax website has a plethora of information to assist you with many tax situations. They offer information on:

You may also visit this site to reviews answers to FAQs

http://www.tax.newmexico.gov/frequently-asked-questions.aspx

Tax Help New Mexico

If your income is less than $54,000 a year or if you are are 65 years or older, you can take advantage of Tax Help. Tax Help is a free service providing assistance with tax-related matters. http://www.cnm.edu/depts/taxhelp

How to Register with the Taxation and Revenue Department

All New Mexico Taxes

Registering for NM Taxes Online

New Mexico Taxation and Revenue Department Contact Page

As you operate your business, you can be exposed to several types of tax situations. You want to be mindful of what they are. Consider speaking with a tax professional who can assist you with managing your New Mexico tax responsibilities. Here is a list of taxes you could be subject to.

  • Sales and use tax
  • Property tax
  • Local taxes
  • Personal income tax
  • Excise tax
  • Pass-through entity tax
  • Gross receipts tax
  • Wage withholding tax
  • Compensating tax
  • Corporate income & franchise tax
  • Workers’ compensation
  • Alternative fuel tax
  • Boat excise tax
  • Oil, natural gas, and mineral extraction tax
  • Motor vehicle tax
  • Monthly alcohol beverage excise tax report
  • Monthly cigarette stamps distribution report
  • Monthly combined reporting system distribution matrix
  • And more

Owners of LLCs are responsible for federal taxes in additional to New Mexico state taxes. Members of LLCs will be taxed on their personal taxes according to the type of LLC that is operated. Working with a tax professional allows you to know what your federal tax situation will be. In additional, you’ll receive recommendation on whether you will file federal taxes as a sole proprietorship, partnership, or one of two corporation designations.

Business License

The State of New Mexico does not have a business license that can be obtained at the state level. Business licenses are governed by the locality in which your business operates.

You must review the license requirements for the municipality you will operate in and ensure you’ve secured the correct licenses to run your organization. Here are some examples to consider:

a) City business licenses/tax permits

b) Building permit

c) Health permit

d) Occupational permit

e) Signage permit

f) Alarm permit

g) Zoning permit

h) Alcohol & tobacco permit

i) Liquor license

j) Sales and use tax permit

k) Seller or reseller permit

For a list of New Mexico counties and the county websites, go to the New Mexico Government website.

For a list of agencies, you may contact for licenses information specific to your business type, visit the New Mexico Regulation and Licensing Department’s website. This website will also be beneficial for finding information for occupational licenses for services that are regulated by the stated such as alcohol, food service, and medical service. To go directly to this area, click here.  The next piece we created is how to start an llc in New York.