How to Amend Articles of Incorporation in New Mexico (2024)


Steve Goldstein
Steve Goldstein
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Amend New Mexico Articles of Incorporation

Amending the Articles of Incorporation in New Mexico is required if you make any changes to your formed corporation. An amendment is a process through which you report the structural or any change in your corporation to the New Mexico Secretary of State. To do so, you are required to follow a few simple steps. You need to get the amendment form, enter the details of the changes, and submit it to the appropriate address along with the amendment fee.

In this article, we have shared the process in detail. You will learn how to amend New Mexico Articles of Incorporation in easy steps. It will be helpful for you if you read the article till the end. 

What is the New Mexico Articles of Incorporation?

The New Mexico Articles of Incorporation is a legal document that you need to file with the Secretary of State while registering your corporation in New Mexico. It is similar to the Articles of Organization you file while creating an LLC in New Mexico. If you already own a corporation in New Mexico, you must know what the Articles of Incorporation is. However, those who are not aware of this document can get all the required details from this page. The Articles of Incorporation is a set of papers that have all the information regarding your corporation and are filed with the Secretary of State. You must pay the filing fees to register your Articles of Incorporation.

This document has information related to your corporation. Details like the name of the corp, principal address, New Mexico Registered Agent details, corporation structure, directors, shareholders, and signature of the incorporators should be mentioned in the document. An online or offline form mentioning these details should be filed with the SOS at the time of forming your corporation. You must pay the filing fee to the state online or by check. 

Like forming an LLC, for the corporation, it takes some time to form your business in New Mexico after filing the documents. You can expedite the filing process by paying additional money over the filing fees. 

It is good to make changes in your Articles of Incorporation. When you change anything, specifcally the name, it brings good and bad effects to the company. Make sure the name change does not affect your revenue or status adversely.

– LLCBuddy Editorial Team

How to Amend the New Mexico Articles of Incorporation

There are three main steps to file your amendment to the New Mexico Articles of Incorporation. Before you proceed with the steps of filing the form, you must know what changes you can make in your corporation and what changes you cannot. Let’s start with the first step and some related information, 

Step 1: Determine What Changes You Need in New Mexico Corporation

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Updating your Articles of Incorporation periodically can be beneficial by making necessary changes. However, frequent alterations in structure or name may not be advisable. The first step involves determining which changes are needed and assessing their potential impact. Modifying aspects of your existing business can affect your revenue or client relationships, so it’s crucial to carefully consider whether the changes are truly necessary and what consequences they may bring.

An up-to-date Articles of Incorporation reflects the current status of a corporation in New Mexico. The key elements of your updated Articles of Incorporation may include the advantages of being a Registered Agent, the company’s contact information, and the process for receiving legal notices, among other details.

Step 2: Review the Changes You Made in the Articles of Incorporation

The subsequent step involves reviewing the changes. The New Mexico Secretary of State may request additional supporting documents based on the modifications made to your corporation. After finalizing the changes, you can proceed to draft the New Mexico corporate amendment. Consult with the SOS to determine if any other documents need to be submitted. For instance, if you are changing the business name, you might be required to submit a name change/reservation form along with the New Mexico Corporate Amendment form.

What Can Be Changed in Articles of Incorporation

It is not easy to change things in your business. Besides, there are some restrictions in changing things in your corporation in New Mexico. There are things you can change, but there are things that you cannot change. I have mentioned a few points in this article that you can change above, such as the name, statement of purpose, and the number of shares issued. Now, there are things that you cannot change in the Articles of Incorporation. 

What Can not Be Changed in New Mexico Corporate Amendment?

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If you started a corporation in New Mexico, you must initially have appointed a Registered Agent. You cannot change the initial registered agent in the Articles of Incorporation Corporate Amendment. You can change it using other methods and forms available in the New Mexico SOS. 

Another point is the initial mailing address of your corporation cannot be changed in the New Mexico Corporate Amendment. In this case, you can change it through other methods requiring different forms. 

The third point is the initial directors who formed the corporation in New Mexico. The details of the initial directors cannot be changed in the New Mexico Corporate Amendment. There is no other way to change the directors’ details.

Step 3: File the New Mexico Corporate Amendment

Finally, file the New Mexico Corporate Amendment with the Secretary of State by the methods (online or offline) available. You must go through the filing process mentioned on the SOS official website before you start the filing process. You must pay the state fees for filing the New Mexico Corporate Amendment. 

If you are in New Mexico and have formed an LLC, you must file the Articles of Amendment in New Mexico with the SOS if you make any changes to the limited liability company.

Why Amend Articles of Incorporation in New Mexico?

There can be several reasons why you make changes to your corporation. A business runs based on diverse components. From economic conditions to internal structures (shareholders and directors), the corporation can change many times in its life based on external or internal reasons.

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Change of New Mexico Corporation Name: The name of the corporation does not often change because it is the primary identity of any business. Sometimes, a spelling or the entire name requires to be changed for many reasons. In that case, the corporation has to file the amendment with the SOS mentioning the old and new names. They have to submit the business name change form with the amendment form. 

Change of Statement of Purpose: This is a document where you explain the purpose of your corporation. The purpose says that you are involved in legal and lawful activities through your business. If you are having a nonprofit, you must have a community purpose. If you change that purpose, you must file the amendment. If you change the nature of the business or the purpose of the corporation overall, then you must file an amendment.

Change in Numbers of Stocks and Shares: Finally, if you change the number of shares or stock issues in your company, then you must amend it. It can be reduced or increased if you decide to remove or add a shareholder/partner to the corporation. In that case, it must be amended with the SOS.

Penalties for Not Filing the Amendment in New Mexico

Now, one question arises when we talk about filing the amendment what happens if you don’t amend the New Mexico Articles of Incorporation? The answer is simple. You might have to pay heavy penalties if you do not file it. Besides, you may lose existing clients as they may not be interested in continuing to work with your company. 

They might cancel the existing contract; you might lose the bank loan or advance opportunities, or you may lose the business bank accounts for not complying with the amendment filing requirements. Hence, it is highly recommended to amend the New Mexico Articles of Incorporation. 

FAQs

How do I amend New Mexico Articles of Incorporation?
To amend New Mexico Articles of Incorporation, you need to file Articles of Amendment with the New Mexico Secretary of State.
What information is required in the Articles of Amendment in New Mexico?
The Articles of Amendment in New Mexico require the name of the corporation, the date the original Articles of Incorporation were filed, and the details of the amendment being made.
What is the filing fee for amending Articles of Incorporation in New Mexico?
The filing fee for amending Articles of Incorporation in New Mexico is $50.
Can the purpose of the corporation be amended in New Mexico?
Yes, the purpose of the corporation can be amended in New Mexico by filing Articles of Amendment.
How long does it take to process an amendment to Articles of Incorporation in New Mexico?
The processing time for an amendment to Articles of Incorporation in New Mexico is typically 5-7 business days.
Can I file an amendment to update the registered agent in New Mexico?
Yes, you can file an amendment to update the registered agent in New Mexico by submitting the necessary forms to the Secretary of State.
What happens after I file the Articles of Amendment in New Mexico?
Once you file the Articles of Amendment in New Mexico, the Secretary of State will review the document and either approve or reject the amendment.
Can I change the corporate name in New Mexico by amending the Articles of Incorporation?
Yes, you can change the corporate name in New Mexico by amending the Articles of Incorporation and filing the necessary paperwork with the Secretary of State.
Is there a specific form for amending Articles of Incorporation in New Mexico?
Yes, there is a specific form called the Articles of Amendment that must be used to officially amend New Mexico Articles of Incorporation.
Can the number of authorized shares be changed through an amendment in New Mexico?
Yes, the number of authorized shares can be changed through an amendment to the Articles of Incorporation in New Mexico.
Are there any restrictions on what can be amended in New Mexico Articles of Incorporation?
There are few restrictions on what can be amended in New Mexico Articles of Incorporation, as long as the changes are lawful and in accordance with state regulations.
What is the deadline for filing an amendment to Articles of Incorporation in New Mexico?
There is no specific deadline for filing an amendment to Articles of Incorporation in New Mexico, but it is important to make the changes promptly.
Can I file an amendment to add or remove directors in New Mexico?
Yes, you can file an amendment to add or remove directors in New Mexico by updating the relevant information in the Articles of Incorporation.
Do I need to notify shareholders of an amendment to Articles of Incorporation in New Mexico?
Generally, you are not required to notify shareholders of an amendment to Articles of Incorporation in New Mexico, unless otherwise specified in the bylaws or state law.
Can I make multiple changes to the Articles of Incorporation in a single amendment filing in New Mexico?
Yes, you can make multiple changes to the Articles of Incorporation in a single filing of the Articles of Amendment in New Mexico.
Will amending the Articles of Incorporation affect the corporation’s tax status in New Mexico?
Amending the Articles of Incorporation in New Mexico may have tax implications, so it is recommended to consult with a tax professional or attorney before making changes.
Can I file an amendment online for Articles of Incorporation in New Mexico?
Yes, you can file an amendment online for Articles of Incorporation in New Mexico through the Secretary of State’s website.
Can I revert back to the original Articles of Incorporation after making an amendment in New Mexico?
No, once you have amended the Articles of Incorporation in New Mexico, the changes are permanent unless further amendments are filed.
What is the penalty for not amending Articles of Incorporation in New Mexico?
Failure to amend Articles of Incorporation in New Mexico can result in penalties such as fines or administrative dissolution of the corporation.
Can I change the principal office address by amending the Articles of Incorporation in New Mexico?
Yes, you can change the principal office address by amending the Articles of Incorporation in New Mexico and updating the relevant information.
Do I need a lawyer to help me with amending Articles of Incorporation in New Mexico?
While it is not required to have a lawyer, it is recommended to seek legal advice when amending Articles of Incorporation in New Mexico to ensure compliance with state laws.
Can I amend the duration of the corporation in New Mexico through the Articles of Amendment?
Yes, you can amend the duration of the corporation in New Mexico through the Articles of Amendment by specifying the new duration.
Can I amend the dissolution provisions of the corporation through the Articles of Amendment in New Mexico?
Yes, you can amend the dissolution provisions of the corporation through the Articles of Amendment in New Mexico by updating the relevant sections.
Do I need to provide a reason for amending the Articles of Incorporation in New Mexico?
No, you are not required to provide a reason for amending the Articles of Incorporation in New Mexico, but you must clearly state the changes being made.
Can I personally deliver the Articles of Amendment to the Secretary of State’s office in New Mexico?
Yes, you can personally deliver the Articles of Amendment to the Secretary of State’s office in New Mexico, in addition to mailing or submitting them electronically.
Can I request expedited processing for an amendment to Articles of Incorporation in New Mexico?
Yes, you can request expedited processing for an amendment to Article of Incorporation in New Mexico for an additional fee.
How do I obtain a copy of the amended Articles of Incorporation in New Mexico?
You can request a copy of the amended Articles of Incorporation in New Mexico from the Secretary of State’s office by submitting a formal request.
Can I amend the purpose clause of the corporation through an amendment to the Articles of Incorporation in New Mexico?
Yes, you can amend the purpose clause of the corporation through an amendment to the Articles of Incorporation in New Mexico by specifying the new purpose.
Can I correct errors in the Articles of Incorporation by filing an amendment in New Mexico?
Yes, you can correct errors in the Articles of Incorporation by filing an amendment in New Mexico to ensure the accuracy of the document.
Will amending the Articles of Incorporation affect ongoing contracts or agreements in New Mexico?
Amending the Articles of Incorporation in New Mexico may affect ongoing contracts or agreements, so it is important to review and update them accordingly after making changes.

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In Conclusion

Amending the New Mexico Articles of Incorporation may not involve numerous steps, but the process can be more complex than it appears. It’s crucial to carefully consider any changes to ensure they do not negatively impact your business or client relationships. Before proceeding with modifications and amendments, it is advisable to consult with an attorney or legal professional for guidance.

Due to the complicated structure, forming a corporation in New Mexico might be difficult. However, after forming the corporation, managing it seems to be more difficult for many people. A frequent change may or may not occur. But, every time you make a change, you must file the amendment with New Mexico SOS. It is also suggested that you do not make changes frequently as it may affect your brand in a reverse way.

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