What is a Foreign LLC in New Mexico – Definition and Filing

If you have an LLC in New Mexico and want to expand your business beyond New Mexico, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in New Mexico, must file a foreign LLC in New Mexico. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the New Mexico government.

In this article, you’ll be reading about how to start a foreign LLC in New Mexico. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in New Mexico after you form it.

Forming a Foreign LLC in New Mexico

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in New Mexico, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for New Mexico) and wants to expand their operations in New Mexico can file their LLC as a foreign entity. To start a foreign LLC in New Mexico, you need to register it with the New Mexico Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in New Mexico for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in New Mexico. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Good Standing From Home State

Before you proceed to register your LLC in New Mexico as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in New Mexico, then you must obtain the Certificate of Good Standing from New Mexico Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than New Mexico must get this document to register a foreign LLC in New Mexico.

Filing Certificate of Good Standing: The Certificate of Good Standing in New Mexico can be purchased or ordered from New Mexico Secretary of State official portal. You can log in to the site and go to the details of the business. You will get the option to order the standing certificate. Make the required payment and get your certificate easily.

Step 2: Choose New Mexico Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to 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.

You can use the same name as your domestic LLC name, however, that name should be available in New Mexico to use. Check name availability at New Mexico’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in New Mexico when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select New Mexico Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in New Mexico, you must have a registered agent from New Mexico only. No matter where your domestic LLC is located, you must hire a registered agent from New Mexico for your foreign LLC.

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

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Step 4: File Application for Registration for New Mexico Foreign LLC

The most important step is to send the application for registration with New Mexico SOS. Download the PDF form from the New Mexico Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

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.
- DBA filing method in New Mexico: several methods, however, it is not mandatory to file a DBA name in Kansas
- Online: No online form is available, as it is not mandatory to file a DBA name in Kansas.
- Offline: No PDF form is available, as it is not mandatory to file a DBA name in Kansas
- DBA filing fee in New Mexico: $0, as it is not mandatory to file DBA name in this state
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 is on the last page of the form for the application fee.

Online Filing

To file a foreign LLC online in New Mexico, you must visit and Sign in to SOS to get the form. If you’re not a subscriber, then register with the portal by creating your account. Once you are done with the registration, get to the dashboard and file the online form for foreign LLC registration.

Offline Filling

Not Applicable

Foreign LLC Registration Fee in New Mexico: The filing fee for a foreign LLC registration in New Mexico is $100. The fee should be paid at the time of submitting the registration form.

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 domestic and foreign LLCs.

Step 5: Determine How Your New Mexico Foreign LLC is taxed

Foreign LLCs are also subjected to the New Mexico Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in New Mexico for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in New Mexico. However, it is recommended to check with the New Mexico Secretary of State for state-wise taxes.

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.

Filing New Mexico Foreign LLC Online – Quick Recap

Get the Certificate of Good Standing from your home state where your LLC is originally registered
Check if the name of your LLC is available in New Mexico to use for your foreign LLC. If not, file DBA name with New Mexico SOS.
Get a registered agent in New Mexico to represent your foreign LLC in New Mexico. Recommended, professional help instead of being your own registered agent.
File the Application of Foreign LLC with the New Mexico Secretary of State following the mentioned method(s) above.
Make the processing fee.

BOI Reporting

According to the Corporate Transparency Act, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN). Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in New Mexico with the FinCEN.

After Forming New Mexico Foreign LLC

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

Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at New Mexico Secretary of State.
File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in New Mexico. Here’s everything about New Mexico LLC Annual Reports.
Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

What is a foreign LLC?

A foreign LLC is an LLC that was formed in a state other than New Mexico but wishes to conduct business in the state of New Mexico.

Do I need to register my foreign LLC in New Mexico?

Yes, if you plan to conduct business in New Mexico with your foreign LLC, you must register it with the state.

How do I register my foreign LLC in New Mexico?

To register your foreign LLC in New Mexico, you must file an Application for Certificate of Authority with the New Mexico Secretary of State.

What information do I need to provide when registering my foreign LLC in New Mexico?

When registering your foreign LLC in New Mexico, you will need to provide information such as the LLC’s name, principal office address, registered agent in New Mexico, and a brief description of the LLC’s business activities.

What is a registered agent in New Mexico?

A registered agent in New Mexico is a person or business entity that agrees to accept legal documents and official correspondence on behalf of your LLC.

Do I need a registered agent to form a foreign LLC in New Mexico?

Yes, you are required to have a registered agent in New Mexico when forming a foreign LLC.

Can I be my LLC’s registered agent in New Mexico?

Yes, you can serve as the registered agent for your foreign LLC in New Mexico as long as you have a physical address in the state where legal documents can be delivered.

What are the ongoing compliance requirements for a foreign LLC in New Mexico?

Foreign LLCs in New Mexico are required to file an annual report and pay an annual fee to maintain compliance with the state.

How much does it cost to register a foreign LLC in New Mexico?

The cost to register a foreign LLC in New Mexico includes filing fees for the Application for Certificate of Authority and annual report fees.

How long does it take to register a foreign LLC in New Mexico?

The processing time for registering a foreign LLC in New Mexico can vary, but it typically takes a few weeks to complete the registration process.

Can I use a PO Box as my LLC’s principal office address in New Mexico?

No, a PO Box is not a valid address for a foreign LLC’s principal office in New Mexico. You must provide a physical street address.

Do I need a Federal Employer Identification Number (FEIN) to register a foreign LLC in New Mexico?

Yes, you will need an FEIN from the IRS to register your foreign LLC in New Mexico.

Can I use my foreign LLC’s existing EIN when registering in New Mexico?

No, you must apply for a new FEIN specifically for your foreign LLC in New Mexico.

Are there any restrictions on the name I can use for my foreign LLC in New Mexico?

Yes, the name of your foreign LLC in New Mexico must be distinguishable from other businesses registered in the state.

Do I need a New Mexico business license for my foreign LLC?

Depending on the nature of your business activities, you may be required to obtain certain licenses and permits to operate in New Mexico.

Can I operate my foreign LLC in New Mexico without registering it with the state?

No, it is illegal to conduct business in New Mexico with a foreign LLC that is not registered with the state.

Do I need to publish a notice of my foreign LLC registration in a local newspaper in New Mexico?

Some states may require foreign LLCs to publish a notice of their registration, but New Mexico does not have this requirement.

Are there any tax implications for my foreign LLC operating in New Mexico?

Foreign LLCs operating in New Mexico may be subject to state taxes and fees, so it is important to consult with a tax professional to understand the tax implications.

What if I want to close my foreign LLC in New Mexico?

If you decide to close your foreign LLC in New Mexico, you must file the necessary forms with the New Mexico Secretary of State to dissolve the company properly.

Can I convert my foreign LLC into a domestic LLC in New Mexico?

Yes, you have the option to convert your foreign LLC into a domestic LLC in New Mexico if you meet the requirements set by the state.

Can I expand my foreign LLC’s business activities in New Mexico?

Any changes to your foreign LLC’s business activities in New Mexico must be reported to the state and may require additional filings or approvals.

Are there any penalties for not registering my foreign LLC in New Mexico?

Operating a foreign LLC in New Mexico without proper registration can result in penalties, fines, and legal consequences.

Do foreign LLCs in New Mexico need to have a physical office in the state?

A foreign LLC in New Mexico is not required to have a physical office in the state, but you must have a registered agent with a physical presence.

Can I operate multiple businesses under my foreign LLC registration in New Mexico?

Foreign LLCs can operate multiple businesses under the same registration in New Mexico as long as they are within the scope of the LLC’s activities.

How can I ensure that my foreign LLC registration in New Mexico remains in good standing?

To keep your foreign LLC registration in good standing in New Mexico, make sure to file annual reports, pay necessary fees, and comply with state regulations.

Are there any specific requirements for foreign LLCs in New Mexico regarding member residency?

Unlike some states, New Mexico does not have strict requirements for member residency in foreign LLCs, but each member must comply with any taxes and regulations that may apply.

Can I operate my foreign LLC in New Mexico under a different name than my home state?

If you operate your foreign LLC in New Mexico under a different name than your home state, you may need to register a fictitious name or “doing business as” (DBA) name.

How can I stay informed about any updates or changes to foreign LLC regulations in New Mexico?

To stay informed about updates and changes to foreign LLC regulations in New Mexico, sign up for alerts from the Secretary of State’s office or consult with a business attorney familiar with the state’s laws.

Can I form a foreign LLC in New Mexico if I already have one in another state?

Yes, you can form a foreign LLC in New Mexico even if you already have one in another state, as long as you comply with the registration requirements in both states.

Are foreign LLCs in New Mexico subject to the same laws and regulations as domestic LLCs?

While foreign LLCs in New Mexico have to comply with state laws and regulations, there may be some specific requirements and filings for out-of-state businesses.

In Conclusion

Having a foreign LLC in New Mexico is nothing but expanding your business legally beyond the boundary of your domestic or home state. 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. From getting the Certificate of Good Standing to hiring a registered agent in New Mexico, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in New Mexico can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in New Mexico is a success.