How to Start an LLC in New Mexico
Ready to start your LLC in New Mexico? You’ll need to choose a unique business name, appoint a registered agent, and file your Articles of Organization. After your LLC is approved by the New Mexico Secretary of State, there are a few more checklist items to complete to get your business up and running.
Create an NM LLC in 5 Steps:
Step 1: Name Your New Mexico LLC
Choosing your New Mexico LLC name is the exciting first step before filing your Articles of Organization. There are a few things to consider when choosing your business name:
What are New Mexico’s business name requirements?
- According to N.M. Code R. §12.3.1.15, you must include “LLC,” “L.L.C.,” “Limited Liability Company,” or another approved version in your business name.
Is your business name unique in the state?
- Your LLC business name must be different from any other business names registered in New Mexico. Search for your business name in the state’s Business Search database to make sure it’s not being used.
Are others using the name online?
- Now that you know your business name is available in New Mexico, see if it’s available as a domain name or social media handle. This will make creating a business website easier and more effective for your business.
- When you hire us to form your New Mexico LLC, we’ll register your domain for free and give you three free months of email and website services (they’re just $9/month after that).
Can you register the name as a trademark?
- As your business grows, you may want to trademark the name so it is protected nationwide. When we form your LLC, we can also register a trademark for you at the federal level. Our attorneys will perform a trademark availability search and present you with recommendations if any roadblocks to registration appear.
Step 2: Choose a New Mexico Registered Agent
New Mexico requires every LLC to appoint and maintain a New Mexico registered agent to accept legal notices on the company’s behalf. The agent can be:
- an individual who lives in New Mexico
- another domestic New Mexico entity (not the LLC itself)
- a foreign entity (foreign here means a company not based in New Mexico) authorized to do business in New Mexico
Your chosen New Mexico registered agent must have a physical address in the state. They must also be present at that address to receive your company’s legal mail in person. If you choose an individual, make sure they understand that their full name and address will be listed on public record.
Step 3: File New Mexico Articles of Organization
Filing your New Mexico Articles of Organization will officially form your LLC in the state. All domestic LLCs, which are LLCs first created in New Mexico, must file online for $50. You will need to create an account with the state first, then place money in a prepaid account with your credit card to pay for the filing.
To begin the Articles of Organization application, click on “Corporations” in the top left menu, then click “Domestic (NM) LLC Formation” and enter the following information:
1
Business name
Enter your chosen company name exactly as you want it to appear. Make sure it contains an entity identifier, like “LLC,” or “L.L.C.” Double check that this name is not already being used in New Mexico.
2
Effective date
If you want to delay the start of your LLC to a future date, you can enter any date up to 90 days ahead. If you do not choose a future effective date, then your LLC will become active on the date it’s filed.
3
Period of duration
If you want your LLC to be closed on a specific date, enter that date here. Most people select “perpetual” because they want to run their business as long as possible.
4
Statement of purpose (optional)
You can let the state know exactly what your LLC will be doing by writing a specific business purpose. Your statement can be just a few words or a whole sentence, like “food truck” or “real estate.” Then, enter the NAICS Code that most closely matches your business purpose.
You can also just leave this section blank to have a general business purpose.
5
Initial registered agent & registered office
If you hired an entity to be your registered agent, select “Entity” and search for the name of the company you entered. Click on their name to select it and the information needed will be filled in for you.
If you have chosen an individual to be your registered agent, select “Individual” and click “Create Registered Agent.” Enter the person’s full name and physical New Mexico address. Click “Create Agent” to save.
6
Entity email & phone number
Want the state to email or call you if they have questions? You can enter a contact email address and phone number here. This step is optional and most people leave this blank for privacy reasons.
7
Principal place of business
The address where your LLC will be located or where your LLC paperwork can be found. This can be any address in the USA or the world, it does not have to be a New Mexico address. For privacy reasons, some people use their registered agent’s address here.
8
Mailing address (optional)
Your business mail will be sent to your principal business address unless you enter a different mailing address here.
9
Manager & member information
This is where you choose your LLC management type: manager-managed or member-managed. Once you’ve chosen a management type, enter in the manager or member information here.
10
Organizer
The organizer is the person who prepares and submits the Articles of Organization to the state. Click “Add Organizer” to enter their contact information, then click the box under “authorized by” to electronically sign the form.
11
Statement of Registered Agent Acceptance required
You will need to upload a signed Registered Agent Acceptance form to proceed with the application. A digital signature is acceptable. Have the individual you are appointing complete and sign Box One. If you are hiring an entity as your agent, they will complete Box Two and email it to you.
12
Review & pay the $50 filing fee
This is your chance to review the information you’ve entered for accuracy. Click the “Pay Securely using My Prepaid Account” button to file your Articles of Organization.
How long does it take for an LLC to be approved in New Mexico?
Your New Mexico Articles of Organization will be emailed to you in 1-3 business days.
Ready to create your LLC in New Mexico?
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Step 4: Set Up Business Operations
Once your New Mexico LLC is officially formed in the state, you’ll need to acquire a few more documents to get your business up and running.
Create an operating agreement.
An operating agreement acts as the blueprint for managing your New Mexico LLC. It clearly defines the rules for common business actions like LLC membership changes, percentage of ownership, and management responsibilities. Running your LLC without its own Operating Agreement means you risk the state being in charge of solving any internal business disputes.
Get an EIN.
An EIN is your LLC’s unique tax ID number. This number makes it easy to keep your personal income separate from your business income. You will most likely be asked for your LLC’s EIN letter from the IRS when you open a business bank account.
Manage your company’s money.
Keeping your personal income separate from your business income maintains the asset protections you get from forming an LLC. Opening a separate bank account for your business is the best first-step to protect your personal assets.
Obtain licenses and permits.
Your New Mexico LLC may need additional licenses and/or permits depending on the nature of your business and where you do business. Contact your local New Mexico Municipal League to see if you need additional documents, or visit the New Mexico Regulation & Licensing Department website for more information.
New Mexico tax ID number.
Every business authorized to do business in New Mexico needs a state tax ID number. It’s free to get one online through the Taxpayer Access Point site or by mail using the Business Tax Registration Application.
Step 5: File BOI Report
Your LLC will mostly likely be required to file a Beneficial Ownership Information (BOI) report after registration is complete. This report requests details about the company and its owners who hold significant control or own at least 25% of the business.
The BOI requirement went into effect in 2024 and the report is submitted to FinCEN, the federal department that enforces laws surrounding money laundering and tax evasion. If your LLC was formed in 2024, you have 90 days from registration to submit the BOI. If your LLC is formed in 2025 or later, you only have 30 days from registration to file.
When you hire Registered Agents Inc to form your New Mexico LLC, you can add on the BOI Report filing to your order.
Frequently Asked Questions
What is needed to start an LLC in New Mexico?
To start your LLC in New Mexico, you’ll need to submit the Articles of Organization to the Secretary of State’s office online. You will also need to choose a unique business name and appoint a registered agent who has a physical address in New Mexico.
How much does it cost to start an LLC in New Mexico?
The cost is $50 to start a New Mexico LLC and is paid online using a credit/debit card.
Do LLCs pay taxes in New Mexico?
Yes, LLCs pay taxes in New Mexico. Every LLC authorized to do business in New Mexico must apply for a state tax ID from the New Mexico Taxation & Revenue Department.
When is the New Mexico Annual Report due?
Great news! New Mexico LLCs do not have to file an annual report.
How do I contact the New Mexico Secretary of State?
All the New Mexico Secretary of State contact information is below:
Phone: 800-477-3632
Fax: 505-827-4387
Physical & Mailing address:
325 Don Gaspar, Suite 300
Santa Fe, NM 87501