Articles of Organization New Mexico
This article serves as the main form of information for completing Articles of Organization as they pertain to the Secretary of State in New Mexico. In essence, this is the official document that allows you to form your LLC in New Mexico. It should be noted that the only way to complete the form is via online access. This comes since the state has prohibited the filing of applications.
After the July 2019 Senate Bill 167, New Mexico has decided to move all applications to online sources only.
The New Mexico LLC Filing Fee
Just like everything else that you’re applying for, there is a one-time filing fee in New Mexico. A fee of $50 is paid to the state for your New Mexico LLC. However, it should be noted that the filing fee is the same as the “Articles Of Organization fee”. As soon as the official documentation is approved by the Secretary of State’s office, your LLC would have been created in New Mexico.
LLC Approval Time In New Mexico
The general approval time for the LLC in New Mexico is between 1 to 3 days. As soon as your LLC in New Mexico is approved, you will receive a confirmation email from the state of New Mexico.
How Do I Begin Filing The Articles Of Organization Online?
If you’re not already in possession of a New Mexico Secretary Of State online account, you’ll need to create one to file for the Articles Of Organization. This can be done as follows:
* The Corporations And Business name Services page should be visited on the New Mexico Secretary of State website.
* Since you’re now creating a Secretary of State account, you’ll need to click the “Create User Account” button.
* Then, you’ll need to enter your personal details such as phone number, address, name, and email. When this is done, click on the “continue” button. It should be noted that this type of sensitive information would not be publicly displayed. Your address can be different from your LLC address.
* Next, you’ll need to create a username, security question, and a password. At the end of this step, click on the “Create My Account” button.
* A confirmation landing page will appear indicating that your Secretary of State registration is successful. Keep in mind that you’ll need to have your login information handy whenever you’re ready to login.
* After logging in, you’ll need to enter your credit card info due to the changes in payment. However, before you can pay for the LLC in New Mexico, you’ll need to fund your prepaid account. This is done to ensure that credit card security is enhanced.
For the Corporations And Business Services page on the New Mexico Secretary of State website visit https://www.sos.state.nm.us/business-services/.
How Do I Fund My Prepaid Account?
* In order to fund the account, you’ll need to do so once you’re logged in. When you look to the right, you’ll see the Replenish Account. Under this, select “replenish using the filing fee calculator”.
* Under the categories tab, select “LLC Business Formation”.
* For filing type, be sure to select “Business Formation”
* When it comes to entity type, you don’t need to select anything since it remains blank.
* When you look on the right, there is something which indicates the Line Total Fee of $50. However, there is also an additional charge of $1.50 for credit card process. This brings your total to $51.50.
* Next, you’ll click on “Proceed To Pay” where you’ll be directed to the billing information section to click pay.
* When the process is complete, you’ll see a message that indicates that the process was successful.
After paying the fees, you’re ready to begin the application process. On the top left, you’ll see Corporations. Hover over it and select Domestic (NM) LLC Formation. When it comes to the Entity Type, be sure to select the Domestic Limited Liability Company from the menu.
In terms of the name, you’ll need to ensure that you read the New Mexico LLC name section before going forward. Within the “Proposed Limited Liability Company Name And Name Ending” space, you’ll need to enter the desired name that you’ve chosen for your LLC. However, don’t forget to include the designator in the end; this should be done according to the New Mexico LLC Act, Section 53-19-3.
The following designators are allowed:
* Ltd. Co.
* Limited Co.
* Ltd. Company
* Limited Liability Co.
* Limited Liability Company
* Limited Liability
When it comes to capitalization, be sure to use your desired form of capitalization. These can be either lowercase or uppercase since there is no specific set of rules. Lowercase letters and uppercase letters are solely dependent on you and what you desire. In the case of commas, you can use them or simply leave it out if you prefer.
How To Prevent A Rejected LLC Filing?
The most common way to get your application rejected in New Mexico is by leaving the name section blank. In the past, tons of persons have always had their LLC applications rejected because they didn’t include a name. So, be sure to check out name sections before you proceed with the filing procedure. Don’t forget to click continue when you’re finished.
If you’re planning to go live with your New Mexico LLC on the same date that you filed it, you can simply leave the “date” as the current. If you prefer a later date, you can easily select it from the calendar. However, it’s best to keep in mind that it should not be more than 90 days ahead.
If your future holds forming an LLC and it goes past the upcoming three months, you don’t need to file right away. You can easily do so at a later date or closer to when you’re ready to go live. This also saves you the hassle of filing taxes for the months that you weren’t in operation.
This section serves to inform you about the length of time that your LLC plans to stay in existence. If you rather a no closure date, this means that your LLC is open ended so, select Perpetual. If for some reason you want to automatically shut down in the future, you’ll need to select “the period of duration is” and then enter the life of your LLC. However, you’ll need to also identify the dissolution date.
The Purpose Of Your LLC
This section allows you to indicate the general purpose of your LLC. You can even list the key purpose. Remember, this is completely optional. If you want your LLC to have a general purpose, you can leave the general business purpose section blank.
For a specific business purpose, North American Industry Classification System Codes are used. This aids the government with identifying your LLC’s activities and general business sense. If you’re intending to indicate what your LLC is going to do, be sure to select the codes and subcodes from the drop-down menu.
In the business purpose box you should enter just a couple of words or sentences that indicate what your business is planning to do. Keep in mind that it doesn’t need to be specific since the nature of businesses change over time. When you’re finished, click finish and you’re ready to proceed.
Initial Office Information And Initial Registered Agent
If you’re planning to or you already hired a commercial agent, you’ll need to do the following:
* First select entity
* In the box you’ll need to enter the name of the registered agent and search.
* Once you find the agent on the list of commercially registered agents, click on their name and then press okay. This adds their contact information.
In the instance where your agent is just an individual such as a friend or family member, you’ll need to do the following:
* Select the individual option
* You’ll need to create a registered agent. This involves including their name, their New Mexico address, and their mailing address.
* At this point, you’re ready to click on create an agent by clicking on the button.
When you form your New Mexico LLC a Registered Agent must be willing to receive all legal communications regarding the business. If you don’t have someone reliable for this task you can always use a registered agent service. We recommend INCfile. They can form a New Mexico LLC for you and you even get your first year of Registered Agent service free.
Entity Email Address And Contact Information
Just like other sections that were optional, this one is also optional. This just simply means that you can leave it blank if you desire. You can enter your email and contact number here if need be. Both email address and phone numbers can be any address or number.
Principal Place Of Business Anywhere
This section allows you to enter your place of business. Your LLC address should be a New Mexico address but you’re still given the option to have another address that’s located in another state or country. Simply put, your principal place of business is the physical location where your paper work is stored. Which if it is in New Mexico, then you would put your New Mexico address.
So, even if it’s your home address, or if it’s the address of a family member or a friend, you can add it in. If you’re planning to add the address of your agent instead, select that option.
If for some reason your LLC doesn’t have a mailing address, you can leave it blank. If the address is different from your Principal Place of Business, you can leave the box blank. However, if you’re planning to receive mail at a different address, you can enter it and then click continue. Your address doesn’t necessarily need to be in New Mexico.
If your LLC is going to be Member-managed, you’ll need to select “No” without clicking on add manager. If you’re planning on being manager-managed, be sure to select “Yes” followed by the add manager button. This allows you to add the contact info for the manager. Don’t forget to save by clicking add.
For a single member LLC with just one member, select yes. For a multi member LLC with two or more persons, select no. There’s also the option of adding members if you need to, to the Articles of Organization. When you’re finished adding in your members, click continue.
The LLC Organizer is the one who filed for the application. It should be noted that if you’re the organizer, it doesn’t mean that you’re the owner or even a member. Some organizers are also members. So, if you’re going to add an organizer, click the add organizer button and input their info.
After you’re inputted all the information into your form, you’ll need to review to ensure that you didn’t make typos. However, if you do find a small mistake or two, you’ll need to click on the edit button. This button is just on the right of each individual section. If you’re complete and you’re satisfied with the information, you can continue by clicking on the continue button.
* Since you’re paying with a prepaid account, you’ll need to click on “I wish to pay by Prepaid account”.
* Next, click on the option that allows you to pay using the secured account. This leads you one step closer to checking out.
LLC Approval Time
As previously stated, It takes 1-3 business days for your New Mexico LLC to be approved. After your New Mexico LLC application is approved, look out for an email form the New Mexico Secretary of State. The information contains the following:
* Your acceptance letter
* A stamped and approved Articles Of Organization
* The official approval Certification of Organization