How to Get a DBA Name For an LLC in New Mexico – An Easy Guide


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Get a DBA Name in New Mexico

Are you looking to establish a business in New Mexico and need to get a DBA (Doing Business As) name for your venture? You’re in the right place! A DBA, also known as a Trade Name, Fictitious Name, or Assumed Name, allows you to conduct business under a name that’s different from your legal business name. This can be advantageous for branding, marketing, and overall business operations.

In New Mexico, if you’re willing to use a different name other than the legal name for your business, you must file the DBA (Doing Business As). The public (specifically your potential customers) knows your business by its registered legal name. Instead of using your formal business name, you may use the trade name or DBA in marketing and sales to reach a wider audience.

New Mexico, popularly known as The Land of Enchantment, has some regulations when it comes to filing your DBA name. However, the regulations can vary depending on the type of business structure you have. In this article, I will share the basic steps to get a DBA Name in New Mexico

What is DBA Name in New Mexico? 

Whenever you form an LLC or any business structure, you must get a name for it. Every company has a legitimate name. For instance, a partnership or sole proprietorship might function under the legal name of the company’s owner or owners. The name specified in the Articles of Incorporation or Articles of Organization may be used by any business entity, including corporations, limited liability companies (LLCs), and others.

However, there are situations when you may decide against using your company’s registered legal name in New Mexico. This is due to a variety of factors. For instance, the legal name of your company can be unrelated to it or no longer accurately describe it. Or perhaps you want a new name without altering your documentation for incorporation or registration.

If you intend to run your business in New Mexico under a name other than your personal name or an existing corporate name, you must submit a DBA name with New Mexico state regardless of the type of business entity you have incorporated as (single proprietor, partnership, corporation, or LLC).

No restrictions exist on how many DBA names you can use to do business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

In New Mexico, changing your business name is a risky factor. It can bring positive and negative effects on your business. Hence, before you file and change your legal business name, analyze all the risks and advantages.

LLCBuddy Editorial Team

How to Get a DBA in New Mexico

To get a DBA in New Mexico, you must first check if any other business is already using the name before filing a DBA in New Mexico. You can then submit the New Mexico business name reservation form after it has been confirmed that no other company is already using the chosen name. You can search the New Mexico Government Records Inquiry System and confirm that the name you chose is not already in use. However, getting a DBA is not mandatory in many states. If you open an LLC in New Mexico, you must check with New Mexico Secretary of State whether you need to file DBA or not.

Guideline for choosing a DBA name

You must choose a name to register, which is the crucial step. There are a few straightforward LLC name guidelines to follow (if you’re forming an LLC) while choosing a name in New Mexico.

  • In New Mexico, fictional names cannot be the same or similar to one another. A DBA cannot deceive the public by appearing to be confusingly similar to any other business name.
  • Unless the company has been incorporated as an LLC or corporation, a DBA name cannot contain a corporate indication, such as Corp or LLC, or any other words that imply an entity type. This will stop a lone proprietor from passing for a legitimate corporation.
  • Any banking-related words without a letter from the New Mexico Banking Commissioner’s Office, or any insurance-related words without a letter from the New Mexico New Mexico Office of the Superintendent of Insurance.
  • Any words that could confuse your corporation with a government agency (FBI, Treasury, State Department, etc.).
  • A professional designation in the name (i.e., engineering, attorney) without a copy of the license of one officer/member or a letter from the governing agency allowing the use of the name without licensing.
  • Any words that indicate or imply that the corporation is engaged in a business that is not authorized by law to pursue.

How Can You Tell if a DBA Name in New Mexico is available?

Once you have selected a name that complies with the requirements mentioned above, there are a number of methods you can use to find out if the name is open for registration. One simple strategy is to look up other companies in New Mexico with the same name on Google.

It is a simple technique to clear out any already taken names, even though it may not guarantee that the name you want to register is accessible. As it is likely that you will require a website domain that matches your business name, you may also check to see whether the web domain for that name is accessible. For example, you can check New Mexico LLC name search guide to see how you can find the availability of your desired LLC name in New Mexico.

Before you may register your Trade Name in New Mexico, you must have used it for business purposes. Therefore, you must use a Trade Name as soon as possible if you want to register and protect it in New Mexico.

Register the New Mexico DBA Name

Once you have established that the name is available for registration, you must finish the file using the forms your county has provided. You must register your DBA name in the county where you intend to conduct business. In most New Mexico counties, the following fundamental information is needed-

  • Name of the company, its phone number, city, state, and street address
  • The organization type under which the business is incorporated
  • List the partners’ names and addresses (if applicable)
  • Describe the items, services, or business that will be delivered under the Fictitious Name in the registration form
  • Use of the Fictitious Name in the marketplace
  • Both the classification type and number
  • Make a mark (pick Trade Name)
  • Date and state of the first use of the trade name
  • When the Trade Name first appeared in New Mexico
  • Application’s name, title, signature, and date Email address

Submitting the New Mexico DBA Name Application

To file the New Mexico DBA Name, you must apply to the New Mexico Secretary of State. In New Mexico, you can file the DBA name in several methods, however, it is not mandatory to file a DBA name in Kansas. The cost of filing the Fictitious Name (DBA name) in New Mexico is $0, as it is not mandatory to file DBA name in this state. 

  • Online filing: No online form is available, as it is not mandatory to file a DBA name in Kansas.
  • Offline filing: No PDF form is available, as it is not mandatory to file a DBA name in Kansas

Using the New Mexico Trade Name

Three “specimens” demonstrating the Trade Name used must be submitted to New Mexico Secretary of State. The following are some instances of acceptable specimens:

  • Business cards
  • Booklets, 
  • Flyers, 
  • Labels, and 
  • Stickers

How to Renew a Trade Name in New Mexico

You can renew your DBA name after a stipulated time. In most states, the renewal of the DBA name follows the same process as filing a fresh DBA name. You need to get the DBA renewal form, fill it up with the correct information, and submit it to the state online or offline. The renew time for DBA name filing is none, as there is no mandatory rule to file DBA in New Mexico.

How to Change a Trade Name

You can change your Trade Name (DBA or Fictitious Name) by applying to the New Mexico SOS. The process is similar. You can search for the name you want to have after changing the old Trade Name. If the name is available, make sure it follows other guidelines. You can reserve your DBA name for none, as there is no mandatory rule to file DBA; after then, you can change or renew your DBA if needed through the New Mexico SOS.

FAQs

What is a DBA Name in New Mexico?
A DBA Name in New Mexico is also known as a “Doing Business As” or Fictitious Name. It is a name that a business can use to do business under, instead of the legal name of the business.
How do I file for a DBA Name in New Mexico?
To file for a DBA Name in New Mexico, you must submit the appropriate paperwork to the New Mexico Secretary of State. This paperwork includes the DBA Name filing form, a copy of the Certificate of Good Standing, and a filing fee.
What paperwork is needed to file a DBA Name in New Mexico?
The paperwork required to file a DBA Name in New Mexico includes the DBA Name filing form, a copy of the Certificate of Good Standing, and a filing fee.
What is the cost to file a DBA Name in New Mexico?
The cost to file a DBA Name in New Mexico is $25.
How long does it take to file a DBA Name in New Mexico?
It typically takes 5-7 business days to file a DBA Name in New Mexico.
Is a DBA Name in New Mexico required to do business?
Yes, a DBA Name in New Mexico is typically required to do business.
Is there an expiration date for a DBA Name in New Mexico?
No, a DBA Name in New Mexico does not have an expiration date.
Can I use the same DBA Name in other states?
No, you cannot use the same DBA Name in other states. Each state has its own rules and regulations when it comes to filing a DBA Name.
Are there any restrictions on the name I choose for my DBA Name in New Mexico?
Yes, there are restrictions on the name you choose for your DBA Name in New Mexico. The name must be distinguishable from other business names, cannot contain offensive words, and cannot include the words “corporation”, “incorporated”, or “limited”.
Who is eligible to file a DBA Name in New Mexico?
Any individual or entity that is legally allowed to do business in New Mexico is eligible to file a DBA Name in New Mexico.
Do I need to file a DBA Name if I am the sole proprietor of a business in New Mexico?
Yes, if you are the sole proprietor of a business in New Mexico, you need to file a DBA Name in order to do business under a different name than your own.
Where do I go to file a DBA Name in New Mexico?
The paperwork to file a DBA Name in New Mexico is filed with the New Mexico Secretary of State.
Can I file a DBA Name in New Mexico online?
Yes, you can file a DBA Name in New Mexico online through the New Mexico Secretary of State website.
How do I renew my DBA Name in New Mexico?
A DBA Name in New Mexico does not have an expiration date, so there is no need to renew the name.
Do I need to register my DBA Name with the county clerk in New Mexico?
Yes, you must register your DBA Name with the county clerk in the county where your business is located in New Mexico.
What is a Certificate of Good Standing in New Mexico?
A Certificate of Good Standing in New Mexico is a document that certifies the business is in good standing with the state. It is required to file a DBA Name in New Mexico.
How do I obtain a Certificate of Good Standing in New Mexico?
You can obtain a Certificate of Good Standing in New Mexico by filing a request with the New Mexico Secretary of State.
Is a DBA Name in New Mexico required to open a business bank account?
Yes, a DBA Name in New Mexico is typically required to open a business bank account.
Is a DBA Name in New Mexico required to apply for a business license?
Yes, a DBA Name in New Mexico is typically required to apply for a business license.
Is a DBA Name in New Mexico required to obtain a sales tax permit?
Yes, a DBA Name in New Mexico is typically required to obtain a sales tax permit.
Does the name of the DBA Name in New Mexico have to match the name of the business owner?
No, the name of the DBA Name in New Mexico does not have to match the name of the business owner.
Can I use a DBA Name in New Mexico if I have a business in another state?
Yes, you can use a DBA Name in New Mexico if you have a business in another state.
Can I change the name of my DBA Name in New Mexico?
Yes, you can change the name of your DBA Name in New Mexico by filing an amendment with the New Mexico Secretary of State.
Do I need to publish my DBA Name in New Mexico?
Yes, you must publish your DBA Name in New Mexico in a local newspaper that is approved by the Secretary of State.
What is the purpose of publishing my DBA Name in New Mexico?
The purpose of publishing your DBA Name in New Mexico is to provide public notice that a business is operating under a different name than its legal name.
Is there a fee to publish my DBA Name in New Mexico?
Yes, there is typically a fee associated with publishing your DBA Name in New Mexico.
What is the process for publishing a DBA Name in New Mexico?
The process for publishing a DBA Name in New Mexico includes contacting an approved newspaper to make arrangements for publication, submitting the required paperwork, and paying the publication fee.
How long does it take for a DBA Name to be published in New Mexico?
It typically takes 7-14 days for a DBA Name to be published in New Mexico.
When should I file a DBA Name in New Mexico?
You should file a DBA Name in New Mexico as soon as you know what business name you would like to use.
How can I file a DBA name in New Mexico?
You can file a DBA name in New Mexico by filing an Assumed Name Certificate with the Secretary of State’s office.
Is a DBA registration in New Mexico required?
Yes, in New Mexico, a DBA registration is required if you are conducting business under a name that is different from your legal name.
What documents will I need to file a DBA in New Mexico?
To file a DBA in New Mexico, you will need an Assumed Name Certificate and a completed form from the Secretary of State’s office.
How long does it take to file a DBA name in New Mexico?
The process to file a DBA name in New Mexico typically takes 1-2 business days.

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In Conclusion

A DBA name in New Mexico is the best way to update your business name. Unlike the registered legal business name, you can have as many as DBA names. You can use your new assumed name as soon as the state has processed your filing, and getting one is a rather simple process. Whether you have an LLC or any other business structure, filing a DBA name is helpful for your business upgradation anytime.


About Author & Editorial Staff

Steve Goldstein, founder of LLCBuddy, is a specialist in corporate formations, dedicated to guiding entrepreneurs and small business owners through the LLC process. LLCBuddy provides a wealth of streamlined resources such as guides, articles, and FAQs, making LLC establishment seamless. The diligent editorial staff makes sure content is accurate, up-to-date information on topics like state-specific requirements, registered agents, and compliance. Steve's enthusiasm for entrepreneurship makes LLCBuddy an essential and trustworthy resource for launching and running an LLC.

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