New Mexico Foreign LLC – Qualification and Registration

Steve Goldstein
Steve Goldstein
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If you already have an LLC in another state and want a New Mexico LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in New Mexico.

Forming an New Mexico Foreign LLC

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in New Mexico, you need to register it with the New Mexico Secretary of State.

Step 1: Choose New Mexico Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements at the New Mexico Secretary of State. Your LLC’s legal name outside of New Mexico will be listed on the application, along with the name it will use in New Mexico. Take note of the requirements for naming your LLC.

Check name availability at New Mexico’s business entity names and reserve your LLC name.

Step 2: Select New Mexico Foreign LLC Registered Agent

You’ll need a registered agent to form a foreign LLC in New Mexico and take note that a New Mexico registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 3: File Registration of New Mexico Foreign LLC

Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to Secretary of State Corporations Bureau Chartered Documents Division 325 Don Gaspar, Suite 300 Santa Fe, New Mexico 87501.

Include the following:

  • LLC’s full legal name.
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
  • LLC’s principal office and mailing addresses.
  • LLC formation state and date.
  • Registered agent’s name and address in New Mexico
  • Date when your LLC will start operations in New Mexico.
  • Credit card information on the last page of the form for the $150 application fee.

The LLC cost in New Mexico, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between New Mexico’s foreign and domestic LLCs.

Step 4: Determine How Your New Mexico Foreign LLC is taxed

Foreign LLCs are also subjected to the New Mexico Business Privilege Tax, and they must file LLC annual reports each year.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Steps to Filing New Mexico Foreign LLC

Time needed: 5 minutes

To start your foreign business through a limited liability company in the State of New Mexico, you must apply for Foreign Business Registration with the Secretary of State office. The cost of registration is $100. Once your application is approved, you shall receive a certified copy of your business registration document from the Secretary of State’s office. We have explained the aspects you need to cover when you register your foreign business in the State of New Mexico.

  1. Visit the Official Secretary of State of New Mexico website

    Go to the Business services section on the official website of the Secretary of State of New Mexico. The website offers online application filing options for different business-related activities for foreign businesses. Access the E-File Portal by clicking on the link, “Application for Registration (to conduct businesses in NM)”.

  2. Download the Application form PDF

    Upon clicking the link, the page navigates to a new page containing the Foreign Limited Liability Company Application for Registration. Download the application form PDF on your device. You can also download the Application Form PDF here.

  3. Follow the instructions

    Make sure to read all the instructions attached to the application form carefully and accordingly fill in all the details in the form. After filling in the details, review the application to ensure that all the information entered by you is true and correct to your knowledge. Do not skip any mandatory section as well. You must also fill out the Statement of Acceptance of Appointment by Designated Initial Registered Agent form attached to the original application form.

  4. Make the Payment

    Once you have covered every aspect of your application form, you can proceed to make the payment of $100 as the filing fee of your application. You can issue a money order or cheque payable to the New Mexico Secretary of State or NMSOS.

  5. Mail the application

    After making the payment, arrange all the documents together and mail it to the following address, New Mexico Secretary of State Business Services Division 325 Don Gaspar, Suite 300 Santa Fe, NM 87501.

After Forming New Mexico Foreign LLC

Here are added things you need to accomplish after forming your New Mexico Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form a foreign LLC in New Mexico.


What is a foreign LLC in New Mexico?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in New Mexico.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

A domestic LLC is a company registered in New Mexico as an LLC. The entity type that has a physical presence in another state is a foreign LLC.

How Much Does It Cost to Register a Foreign LLC in New Mexico

To register as a foreign LLC in New Mexico, you can file online by paying a filing fee of $100 to the New Mexico Secretary of State.

In New Mexico, the cost to register a foreign LLC involves several different fees and expenses. The first cost you’ll encounter is the filing fee for foreign qualification, which is paid when you submit your LLC’s registration paperwork to the New Mexico Secretary of State. This fee covers the administrative costs associated with processing your application and officially authorizing your company to conduct business in the state.

In addition to the filing fee, there may also be additional costs associated with publishing a notice of your foreign LLC’s registration in a local newspaper. While not all states require this step, New Mexico mandates that foreign LLCs publish a notice within 60 days of their registration in order to inform the public of their presence in the state. This cost can vary depending on the publication you choose and the length of your notice.

Other costs to consider when registering a foreign LLC in New Mexico include the annual report fee, which is paid on an ongoing basis to maintain your LLC’s good standing with the state. This fee is typically due on the anniversary of your company’s registration and helps cover the cost of keeping your LLC’s information up to date in the state’s records.

In addition to these fees, there may also be costs associated with obtaining any necessary business licenses or permits required to operate in New Mexico. Depending on the nature of your business and where you plan to conduct operations, you may need to obtain various permits from local or state agencies in order to comply with the law.

It’s important to note that while these costs can add up, registering a foreign LLC in New Mexico can provide your business with access to new markets, resources, and opportunities for growth. By following the necessary steps and investing in the registration process, you can position your company for success in a new and potentially lucrative market.

Overall, the costs associated with registering a foreign LLC in New Mexico are a necessary investment in the future of your business. By understanding the various fees and expenses involved, you can make informed decisions about expanding your operations into this state and take advantage of all that New Mexico has to offer.

In Conclusion

Starting a foreign LLC in New Mexico does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.

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