How to Start an LLC in New Mexico: If you’re looking to start a New Mexico LLC, you’ve come to the right page. Setting up an LLC is easy and cost-effective. To form an LLC, you must follow a few steps that include naming your LLC, hiring a registered agent, filing your formation documents, doing the operating agreement, and finally obtaining the EIN. You can easily set up your LLC at a very low cost in New Mexico. Though, you must pay the mandatory state filing fee. These fees and charges can be tax deductible, making the LLC formation cost almost negligible.
On this page, You’ll find all the steps that must be taken to ensure that your New Mexico LLC has been correctly formed. We recommend you read the whole article very carefully, word by word, don’t miss anything 🙂
On this page, you’ll learn about the following:
- How to Start an LLC in New Mexico
- After Starting Your New Mexico LLC
- New Mexico Foreign LLC
- New Mexico LLC Formation Review
How to Start an LLC in New Mexico
An LLC (aka Limited Liability Company) is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection. For an LLC, members’ personal assets are not affected by business debts. However, in some cases, if the LLC is sued for business debts, courts might pierce the corporate veil and use the owner’s personal assets to meet their corporate liabilities.
If you wish to start an LLC in New Mexico, you must file your Articles of Organization with the State and pay a filing fee of $50. While it’s the most important step, it’s not the only one. There are 4 other crucial steps to follow to get your LLC formed in New Mexico. Below are all 5 steps that explain everything you need to do to start a New Mexico LLC in 2023. Let’s get started! You can always hire a professional LLC formation service in New Mexico to set up your LLC instead of doing it alone; a Pro service will ensure everything is done properly.
Step 1: Decide a Name for Your New Mexico LLC
The first step while forming a limited liability company in New Mexico is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.
New Mexico LLC Naming Guidelines
There are a few specific requirements all the LLCs in New Mexico must follow while naming their Company. Some of the most important requirements are as follows:
- Your business name should be available and no other existing business in New Mexico can have the same name. LegalZoom offers unlimited business name searches without any hassle.
- “Limited Liability Company”, “LLC”, and “L.L.C.” – any one of these has to be used as a suffix in your business name.
- You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
- Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by New Mexico State Government are fulfilled.
- (Optional) It’s better to name your business something for which your desired domain is available.
|Important Links –||Submit Offline Form to –|
|New Mexico Business Entity Search – Online Name Search|
Name Reservation Form – PDF
Name Availability Standards – Guidelines
New Mexico LLC Name Search – Instructions
|325 Don Gaspar,|
Santa FE, New Mexico 87501
Reserve Business Name for Future
If you do not wish to file your LLC right now but want to hold the name you have decided, then you can reserve your LLC name for 120 days. To keep the name, you must file a name reservation application and pay $20 to reserve your name with the New Mexico Secretary of State.
Doing Business As (DBA) or Trade Name
New Mexico does not require any Doing Business As (or DBA) filing. At the state level, there is no requirement or registration process for the fictitious name in New Mexico.
Recommended: You can do name search, Trademark search, Trademark registration, copyright registration, and a lot more in one place by hiring a professional service. We recommend using –
LegalZoom – (Worry-free LLC Formation)
Apart from LLC formation, LegalZoom offers Trademark search, trademark registration, copyright registration, and etc. at a very reasonable price. If you plan to get a website, then it is wise to have a “.com” domain for your business, but these days you can also use other TLDs like “.io”, “.company”, “.xyz,” etc.
It is not legally mandatory to use the word LLC in your domain name or email. If you want, you can use it. However, it is recommended not to use LLC in the domain name. A domain name should be short and easy to remember.
Step 2: Assign a Registered Agent in New Mexico
The second step to forming an LLC in New Mexico is to appoint a Registered Agent. A registered agent is a person or business entity working on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in New Mexico. Hence, hiring a competent New Mexico Registered Agent for your LLC is necessary.
Make sure your registered agent is a resident of New Mexico or has a physical street address. This address will be used as the principal address of your LLC to receive any legal documents. Most LLC formation companies also provide registered agent services. Below are two great LLC formation services; even if you buy their cheapest plan (normally $0), you also get registered agent service and other services at a very reasonable price.
These two are our top recommendations for registered agent service, as they are competent and authorized to conduct business in New Mexico. Some LLC formation services also offer standalone New Mexico registered agent services. You can purchase only Registered Agent services without purchasing any other LLC formation services. This standalone service might become handy if you are doing it yourself and don’t want to disclose your home address or you don’t want to pierce the corporate veil.
A person above 18 years of age and has a physical address in the state of New Mexico can be a Registered Agent. A Registered Agent can be an independent person or can be a business entity. One is responsible for handling all the legal documents on the LLCs behalf.
Yes, you can be your own registered agent if you are a resident of the state of New Mexico and you are above 18 years of age. To become a registered agent, you must have the authority to conduct any type of business in New Mexico.
There are a few reasons why you shouldn’t be your own registered agent. The address of the registered agent is used to communicate with the SOS or for any legal activities. If you are your own registered agent, you might have to upload your personal address to the public forum. Besides, the registered agent must be at the address during business hours. It won’t be easy for you as you also have to take care of other things in your LLC. Hence, it is wiser to appoint a separate entity as your registered agent.
If an LLC is sued in New Mexico, in some cases, courts might decide to lift the corporate veil, which means the owners of the LLC will be personally liable for their business debts. They might have to forgo their personal assets to repay their business debts. This is called piercing the corporate veil, where personal and business assets are not separated anymore. Your personal assets can be protected if you have enough capital and all your LLC documents are properly filed.
Registered Agent Consent Application
In New Mexico, the registered agent has to sign and submit the Statement of Acceptance of Appointment Form online before starting their service with the LLC. This letter should be submitted every time a registered agent is changed by the LLC. The change of registered agent costs $20. However, it does not cost anything to submit the Acceptance Statement by the Registered Agent.
Step 3: File Articles of Organization in New Mexico
The third and most important step in forming a New Mexico LLC is to file the Articles of Organization. This New Mexico Articles of Organization is a legal document that is required to register your business with the New Mexico Secretary of State. It costs $50 to file your formation certificate in New Mexico.
The Articles of Organization includes details like the name of the LLC, the registered agent’s name, address, employees’ details, and the company’s structure (member-managed or manager-managed). Before hiring employees in New Mexico LLC, one should know about the rules and regulations thoroughly. Also, if you are expanding your existing business (an LLC) in other states to New Mexico, you must register as a New Mexico Foreign LLC.
How to File Online
Go to the Secretary of State Online Service. You will get the online service page. Click on the LLC Formation option to go to the Account page. If you have already subscribed to the portal then you can log in with your credentials. Otherwise, you can create your account to start filing your LLC by clicking on the “Online Filing” button below. Read more about the New Mexico Articles of Organization for online registration.
Processing Time: Normally, it takes around 2 business days (approx) to get your LLC formed in New Mexico. With an additional cost, you can get expedited filing as well. However, the document processing time can be changed due to various factors.
Recommended: Online LLC Formation service can fill up and submit all these documents on your behalf in much lesser time along with lifetime customer support and 100% accuracy. We recommend using –
LegalZoom – ($0 + State Fees) Online LLC Setup
Every LLC owner has to pay the filing fees to register their business in New Mexico. This fee is mandatory but also tax deductible. If you’re doing it yourself (filing on your own), it will not cost you any additional service fee. However, it is not feasible to do that as the DIY process might be delayed, complicated, and messy, especially if you’re a novice entrepreneur. Hence, it is recommended to get professional guidance to get your LLC formed in New Mexico.
Step 4: Create Your New Mexico LLC Operating Agreement
Moving on to the fourth step, filing your operating agreement. An operating agreement is a document that legally outlines the proprietorship and operating procedures of your LLC. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.
When it comes to filing a New Mexico LLC Operating Agreement, the state does not require you to have a comprehensive operating agreement, but it is ideal to have one that contains all the details of your business operation that helps in taking future business decisions, especially if you decide to dissolve New Mexico LLC later. Hence, having an operating agreement may not be necessary, but it is surely ideal.
Recommended: You can get operating agreement templates at a reasonable price with LLC formation service. You don’t need to worry about drafting it as they will take care of it on your behalf. We recommend using –
LegalZoom – ($0 + State Fees) Online LLC Setup
The operating agreement draft can be created for free if you don’t hire a professional. However, there is an advantage to appointing a proficient person/service. You will get a businesslike quality operating agreement at a very cheap fee, which will help you in the future. Hiring a professional service means you can sleep well at night 🙂
Step 5: Filing a New Mexico LLC EIN
The Employer Identification Number (aka EIN) is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business for that matter.
EIN is needed when the LLC hires employees. Hiring employees in New Mexico LLC requires following specific rules and regulations. On the other side, EIN for New Mexico foreign LLC should be obtained if your LLC is based in other states.
To obtain EIN (aka FEIN), one must fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally, complete the form and send it to the address given. You can also get an EIN Assistant who can help you with the process.
Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999
Fax: (855) 641-6935 | Fee: Free
Recommended: This hassle will be reduced when you hire an LLC formation service. They take care of obtaining EIN and all other things for your LLC. We recommend using –
LegalZoom – ($0 + State Fees) Online LLC Setup
Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.
Congratulation, you are now done with all the necessary steps to form your Limited Liability Company in New Mexico. If you do it yourself, it should take you a long time to understand and do all the steps properly.
However, if you use LegalZoom, it should be way faster. You will always have a live chat option and phone support with experts for any help you need. Their worry-free service will make things easier for you.
After Starting Your New Mexico LLC
After forming your LLC, there are still some things that you will need. The most important thing is to separate your business and personal assets. LLCs have limited liability protection that protects your personal assets from business liability. This is called a corporate veil. However, the corporate veil can be lifted or pierced by the court if the LLC is sued. In that case, the owners of the LLC become personally liable for their corporate debts. A few things like appointing a legit registered agent, having enough capital, and filing all the major documents with the state can save the LLCs from being pierced into the corporate veil.
Apart from that, there are a few things you need to take note of,
- Get a company business bank account
- File New Mexico business permits & licenses
- Get general liability insurance and professional liability insurance with coverage for employees.
- File a New Mexico LLC annual report or biennial report
This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings to make sure your LLC is up-to-date.
Cost of New Mexico LLC
LLCs can be formed by spending very less price. Apart from the mandatory state filing fees, you don’t have to bear additional service charges if you do it yourself. Following are the fees and taxes LLCs in New Mexico must pay to register and run a business in the state. Forming an LLC is no doubt cost-effective compared to other business structures. However, the fees and charges (tax-deductible) that you must pay to the state, such as name reservation fee, name filing fee, LLC filing fee, and Franchise Tax & Sales Tax (If applicable). Here are the main fees and taxes you must pay while forming your limited liability company in New Mexico,
|Fees/Tax||Amount to be Paid|
|Name Reservation Fee||$20|
|Articles of Organization Fee||$50|
|Certificate of Good Standing||$25|
|LLC Annual Fee||Not Required|
In New Mexico, an LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, then you can do that online. Your LLC name will be reserved for 120 days without registering your LLC. It can be renewed by paying $20.
In New Mexico, an Annual Report is not required. However, you can always have an internal annual report for your LLC. Also, the State of New Mexico requires LLCs to pay a Sales Tax of 5.125%. Read our guide on LLC costs in New Mexico for more information.
New Mexico Foreign LLC
If you are interested in forming a Foreign LLC in New Mexico then you need to file the Certificate of Foreign LLC to the New Mexico Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents like the Certificate of Good Standing, etc. to the New Mexico SOS to form your foreign LLC in New Mexico. To know more in detail, check out our guide on New Mexico Foreign LLC.
Reasons to Start an LLC in New Mexico
Those who opt for starting a New Mexico LLC will have massive incentive programs and tax benefits like a reduction in tax liabilities for operating in the state. Read more on New Mexico’s classification of LLC tax. Also, various business funding options for domestic business entities are available. Many industries are benefited from the incentives as they are creating jobs and investing capital in New Mexico. Following are the long-lasting benefits in detail discussed below.
No Franchise Taxation
When a person is thinking of expanding their business, then they get two options. Either they choose to form a new branch or series of LLCs to expand or sell the franchise rights to some other person willing to do the same business as yours. In New Mexico LLC, there is a tremendous benefit of selling franchise rights: no taxes are leveraged over the franchise. One can start the franchise LLC in New Mexico without paying taxes as they need to pay in other states.
Privacy of LLC
So many LLCs are showing interest in the state of New Mexico is the privacy policies of LLC in New Mexico. There are no questions asked regarding who are the members and managers in the LLC when a person takes the first step of starting an LLC. This gives them the flexibility to choose the members and make changes whenever they want to, by the working and contribution of a member to the LLC.
Entrepreneurs prefer this option as they don’t want their names to be in the company’s public records.
The cost to Start an LLC in New Mexico is meager. The price that is required to be paid to the government is only $50. If you are hiring a professional (registered agent) for the work of filing, you will be astonished to know that in the value of below $300, you will be paying fees to the government and the agent also for one year.
Forming an LLC in New Mexico can be a fruitful deal for businesses if we consider from the point of view of incentives offered to the businesses. The incentives are total industry-based, in which the Agro-based industries are at the top. Some benefits that are given to the value-added agricultural sectors are:-
- The tax credit is given to provide jobs in rural areas.
- For manufacturers, a receipt deduction is made based on gross consumables.
- There are preferential taxation rates for beer and wine producers.
- There is a tax exemption for New Mexico residents (it is available for Texas residents as well) and also for LLC startups.
Biggest Industries of New Mexico State
Are you interested in being an entrepreneur and want to start an LLC in New Mexico? If yes, then this can be a life-changing decision for your life but wait a minute. Have you researched the top businesses of New Mexico? If not, you should do it now with the help of the below-mentioned information to help your journey.
Oil and Energy Sector
There is a massive deposit of fuel and natural gas resources in the soil of New Mexico. The Permian Basin and the San Juan Basin in the state are the biggest oil deposit, with the help of which the USA is getting 3% of crude and 10% natural gas. Also, there is sunshine in the state all year round, making it a competitor in the list of solar energy production. The energy sector’s overall contribution to the New Mexico GDP is $17.17 billion, including coal mining.
Defense and Aerospace
The environment of New Mexico State is best for the defense industry, especially aerospace. The land that is present in the state is dry, which helped the state form large-sized testing places restricted for common usage. Also, many military installation bases and research facilities in the state account for generating 1/10th of the state jobs.
Tourism and Entertainment Business
Due to the favorable environment, a vast new Mexico population loves to spend their weekends and holidays in New Mexico. Also, it is cheaper for common people to come to the state and perform various recreational and fun activities offered in the state. The industry’s contribution in previous years was $7 billion of the state’s annual GDP.
Some of the small businesses that are thriving well in the state are:-
- Medical waste disposal
- Tourism package and planners
New Mexico LLC Formation Review
Time needed: 5 minutes.
Just to recap, here are the easy steps again when forming an LLC in New Mexico. Click on the steps in this list to read the full detail.
- Name your New Mexico LLC
The first thing you must do is to choose a company name, which should be unique, easy to find, and available in the state.
- Choose a Registered Agent
In New Mexico, it is mandatory to select a registered agent for your LLC. Get a professional Registered Agent from LLC formation services to get things done hassle-free.
- File a Formation Certificate
Filing a formation certificate is necessary when forming an LLC in New Mexico. Depending on the state, it could be called any of the following: Certificate of Formation, Articles of Organization, or Certificate of Organization.
- Create an Operating Agreement
An operating agreement is not a strict requirement in New Mexico but something encouraged when you start an LLC to avoid future conflicts.
- Get an EIN
The Employer Identification Number (EIN), also called Federal Tax Identification Number, serves to identify a business entity like a social security number but for a company.
How Fast Can I Form an LLC in New Mexico
The procedure of filing for LLC in New Mexico may take up to 2 business days, based on the number of applications received.
When looking to form a limited liability company (LLC) in New Mexico, perhaps one of the most pressing questions one might have is how quickly they can have their business up and running. After all, time is money, and every moment spent waiting for paperwork to process is a missed opportunity. So just how fast can you form an LLC in New Mexico?
The truth is, there is no simple, straightforward answer to that question. The time it takes to form an LLC will vary depending on a variety of factors, such as the preparation and filing of necessary documents, the approval timeframe for those files, and any additional steps required at the state or federal level.
For starters, it’s important to note that there is no requirement that you must hire a lawyer to form an LLC in New Mexico. However, if you choose to go the DIY route, it’s equally important to keep in mind that formation rules and regulations can be complex and may not be readily understood by the everyday citizen. It’s highly recommended that you carefully research the steps required to form an LLC and ensure that you follow them correctly, or you run the risk of significant delays or unintended consequences as a result of a mistake.
Assuming you are ready to navigate the legal process on your own, here’s an overview of some of the steps and associated timeframes linked to forming an LLC in New Mexico:
Step 1: Choose a Business Name
The first step is picking a unique business name. Make certain the name is not already being used. Trademark infringement laws can result in legal action and a lengthy delay in starting your business. This being said, this step’s timeline will fluctuate based on how long it takes you to brainstorm names and conduct research to ensure you aren’t along the same naming lines of an existing brand.
Step 2: File Certificate of Organization
Once you have a name, you must file the Certificate of organization with the appropriate office. There may be several steps required, including the drafting of an operating agreement and organizing any partnership deals. Timelines for receiving approved paperwork could take up to several days or weeks pending specific state requirements or the volume of business being done along with your company’s size structure.
Step 3: Apply For An EIN
Next, businesses must apply for an employer identification number (EIN). There are several ways business owners may apply online or in-person, though employers may want to consider timing the application with needs to open a new bank account far from the opening itself.
Also of consideration could be public records if any paperwork needs to run through another level involving local government, so business owners might want to plan for extra time. Taking advantage of any LLC services as well could reduce some additional processing fees, though this too shouldn’t accelerate overall timelines dramatically.
Every entity, be it an entrepreneur or established business industries, needs different preparations to guide them through the formation process, impacting its timeline more or less. Plus, even one-day service processing wouldn’t ramp up investment success or potential success. Therefore, business owners’ wanting to form LLCs need, in actuality, to chart and strategize while giving their processes some time to mature, grow and support startup channels further down the road.
In conclusion, timeframes for forming LLCs will vary depending on several factors; there isn’t going to be a one-size-fits-all answer for every entrepreneur’s same day opportunities. With careful attention trained on legal requirements, however, business owners can set themselves up for a successful, timely LLC formation process and pivot when needed.
If you are a resident of New Mexico, then you can file your LLC by yourself. However, it is always worth having a professional than doing it yourself to handle legal complexities, paperwork, and other documentation.
Apart from the formation fee of $50 (domestic LLC) and $100 (foreign LLC), LLC costs in New Mexico include a sales tax of 5.125% every year.
It takes 2 business days to get a New Mexico LLC if you file it online. If you hire a professional LLC service, then it might take less than that. We recommend TailorBrands which has impeccable turnaround time.
Every year all the LLCs have to submit an Annual Report to the New Mexico Secretary of State and renew the LLC. It is mandatory to renew your LLC every year.
Generally, for the LLCs, it is a default tax structure. Once you will obtain the EIN, you will get the various tax structure options to select. Sometimes LLCs choose S Corp to reduce federal tax burdens. Read more on the New Mexico Classification of LLC Tax.
LLCs are easier to establish than other business structures. Small businesses, especially start-ups can easily start their LLCs in New Mexico at a bare minimum cost. LLCs have a ‘pass-through taxation’ advantage for which they are excluded from certain taxes. The formation of limited liability companies requires much lesser documents and legal processes. Share your queries with us, and leave a comment below.
4 thoughts on “How to Start an LLC in New Mexico (NM LLC 2023)”
como puedo transferir mi LLC?
Una LLC en New Mexico puede vender en todos los estados de Estados Unidos? Es necesaria alguna licencia para todo el pais?
Cuando intento inciar la solicitud en “https://portal.sos.state.nm.us/BFS/online/Account” me sale error todo el rato:
“URL solicitada fue rechazada. Por favor consulte con su administrador.”
A alguien más le pasa? He probado con diferentes navegadores, borrando cookies, historiales, agregando el sitio web a opciones de internet… A alguien más le pasa? Muchas gracias ☺️
Quisiera saber si tienen en sus registros a la empresa “TRADEX company”, ya que me están ofreciendo una relación comercial con esta empresa y estoy investigando.