Amendment of Articles of Organization is required when you make changes to your LLC. While forming an LLC in New Mexico, you must file the formation document. At some point in time, if you might need to update/change any of the information shared in the Articles of Organization, you must file the Articles of Amendment with New Mexico SOS.
To amend your New Mexico Articles of Organization, you will need to follow a specific process, which typically involves filling out a form, paying a fee, and submitting the amended articles to the New Mexico SOS. The process is not a lengthy one. In this article, LLCBuddy editors shared how to amend New Mexico Articles of Organization without any hassle. Note that the process explained here is a generic process. It is recommended to consult a professional or attorney beforehand.
What is Articles of Organization in New Mexico?
The Articles of Organization is a document that is required to form an LLC in New Mexico. The document must be submitted online or by mail to the New Mexico Secretary of State. Certain details need to be added while filing the New Mexico Articles of Organization. The following are the points to be added to the formation document at the time of LLC registration-
- Name of your New Mexico LLC
- The principal address of the LLC
- Name and address of the New Mexico Registered Agent
- Names of all the members and managers of the LLC
- Summary of the LLC’s operation
- Start date of the LLC
- Purpose of the LLC
- Signature of all the members and managers of the LLC
How to Amend New Mexico Articles of Organization
Changes such as name, physical address of the business, address or/and name of the New Mexico Registered Agent, or any other changes listed above must be amended with the SOS. It is easy to amend the Articles of Organization in New Mexico. There are three prominent steps to follow. The steps are as follows-
Step 1: Determine What Changes You Need in New Mexico LLC
The first step is to determine what changes you need to make or if you need any changes. For some business experts, it is good to make structural or some other changes to upgrade your LLC after a point of time. For example, managers can change, LLCs can be restructured or move to other places, cities, or states, and you can also change the registered agent.
These are common changes that often occur in limited liability companies. If you have to make those changes, you must proceed with drafting the Articles of Amendment with New Mexico Secretary of State.
Step 2: Draft the New Mexico Articles of Amendment
The next step is to draft the Amendment. To Amend the Articles of Organization, you need the following-
- Name of the LLC
- Purpose of the LLC
- Entity filing number
- Amendments
- Members and Managers’ signature.
- Along with these details, LLCs must submit more documents to the New Mexico SOS.
Step 3: File New Mexico Articles of Amendment
To file the Articles of Amendment in New Mexico, you need either an online or offline form. You can do that online in most states by signing in to the Secretary of State’s official portal. To file the amendment in New Mexico, you must fill up the form (online or offline) and send it back to the SOS (online or by mail).
- Online filing: LLC Amendment Online
- Offline filing: LLC Amendment PDF Form
For the online filing, the form must be submitted using the New Mexico Secretary of State‘s portal. For offline (by mail) filing, the PDF form must be sent to the Business Services Division, 325 Don Gaspar, Suite 300 Santa Fe, NM 87501. The amendment filing fee of $50 must be paid at the time of form submission.
Why Amend Articles of Organization?
There are six reasons why you need to file the Articles of Amendment in New Mexico. Following are the six points to note-
Change of New Mexico LLC Name: If you change the name of the LLC, you must file it with the SOS. LLCs do not often change the names, but in some cases, if they change it, they immediately have to inform the New Mexico SOS through Amendment.
It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new LLC than change the name of an existing one.
Tip from LLCBuddy
Change of New Mexico LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then New Mexico LLC has to file the amendment certificate.
Change of Registered Agent: A Registered Agent is the most important person in the LLC. However, when you change or remove the Registered Agent, you must file the amendment with the New Mexico SOS.
Change of New Mexico LLC Management: This is another important reason why one should file the Amendment Certificate. If the managerial structure changes in your LLC, it must be filed with the SOS. The new structure, manager, or change in ownership must be filed.
Change of the Purpose of New Mexico LLC: The purpose of the LLC is mentioned in the Articles of Organization when it is filed. If the purpose is changed at any time, for example, a non-profit in New Mexico changes to a for-profit organization, or vice-versa, it must be filed with the SOS.
Change of New Mexico Tax Structure: The New Mexico LLC classification of taxes is mentioned in the Articles of Organization at the time of registration of the LLC. Later, if the LLC wants to change the tax structure, it must file the amendment certificate with New Mexico SOS.
Cost to File New Mexico Articles of Amendment
The cost of filing the Amendment Certificate in New Mexico is $50. For other types of filing costs, please visit the official website of New Mexico Secretary of State.
Penalties for Not Filing Articles of Amendment
Failure to amend New Mexico Articles of Organization can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in New Mexico. Another consequence of not filing an amendment in New Mexico is facing legal issues by violating state laws. For example, if a member-managed LLC becomes a manager-managed one in the future and the LLC does not file an amendment, it will be considered a violation of state law. Hence, the LLC might face legal issues.
FAQs
Also Read
- Amend Alabama Certificate of Formation
- Amend Alaska Articles of Organization
- Amend Arizona Articles of Organization
- Amend Arkansas Certificate of Organization
- Amend California Articles of Organization
- Amend Colorado Articles of Organization
- Amend Connecticut Certificate of Organization
- Amend Delaware Certificate of Formation
- Amend DC Articles of Organization
- Amend Florida Articles of Organization
- Amend Georgia Articles of Organization
- Amend Hawaii Articles of Organization
- Amend Idaho Certificate of Organization
- Amend Illinois Articles of Organization
- Amend Indiana Articles of Organization
- Amend Iowa Certificate of Organization
- Amend Kansas Articles of Organization
- Amend Kentucky Articles of Organization
- Amend Louisiana Articles of Organization
- Amend Maine Certificate of Formation
- Amend Maryland Articles of Organization
- Amend Massachusetts Certificate of Organization
- Amend Michigan Articles of Organization
- Amend Minnesota Articles of Organization
- Amend Mississippi Certificate of Formation
- Amend Missouri Articles of Organization
- Amend Montana Articles of Organization
- Amend Nebraska Certificate of Organization
- Amend Nevada Articles of Organization
- Amend New Hampshire Certificate of Formation
- Amend New Jersey Certificate of Formation
- Amend New Mexico Articles of Organization
- Amend New York Articles of Organization
- Amend North Carolina Articles of Organization
- Amend North Dakota Articles of Organization
- Amend Ohio Articles of Organization
- Amend Oklahoma Articles of Organization
- Amend Oregon Articles of Organization
- Amend Pennsylvania Certificate of Organization
- Amend Rhode Island Articles of Organization
- Amend South Carolina Articles of Organization
- Amend South Dakota Articles of Organization
- Amend Tennessee Articles of Organization
- Amend Texas Certificate of Formation
- Amend Utah Certificate of Organization
- Amend Vermont Articles of Organization
- Amend Virginia Articles of Organization
- Amend Washington Articles of Organization
- Amend West Virginia Articles of Organization
- Amend Wisconsin Articles of Organization
- Amend Wyoming Articles of Organization
Common Pitfalls to Avoid When Amending New Mexico LLC
When thinking about amending a New Mexico LLC, it is crucial to know pitfalls that could set the process off course. One of the first issues I have come across people make is the misunderstanding of the amendment process. Even though it might seem intuitive, understanding what you are amending and the changes’ impacts on your business structure is critical.
From a change in management to the name and even the purpose, every amendment comes with impacts that must be understood.
Another common issue is ignoring the filing obligations. New Mexico’s forms are tailored to the amendment New Mexico wishes to make, including all necessary documentation. Omitting the right documentation can result in the amendment being stalled or rejected altogether.
In my experience, checking the restriction forms in advance streamlines the process substantially.
After an amendment, many individuals forget to change their operating agreements. This can cause internal disarray later on. If you change the name or management structure of your LLC, be sure that these changes are incorporated in the operating agreements to avoid confusion in the future.
Lastly, pay attention to your timeline. Making amendments at the wrong time can create issues, especially if your business is locked into contracts that depend on your current operational structure.
I’ve observed that if you plan ahead and make the necessary changes on time, you can avoid a number of issues.
As last points, don’t undervalue the significance of talking to someone that knows New Mexico regulations on business law. They can help streamline the process for you and ensure that all paperwork and filing procedures are completed correctly.
In Conclusion
While running a limited liability company in New Mexico, it might be possible to make changes. From the name of the business to the Registered Agent, the management of the LLC can be changed over time. Every time you make any changes, you must file the amendment. You must consider that changing LLC names should not occur more often unless it is totally required. The name is the first identity of your LLC; changing it frequently directly affects the company’s branding. Filing the Articles of Amendment is mandatory as well as crucial, and failure to do so can lead to legal issues and non-compliance with state laws.
This article shares all the important steps you need to follow to file the Articles of Amendment in New Mexico. While you follow the steps shared in this article, make sure to consult a professional or attorney. If you are looking for a professional LLC formation service at $0, we recommend ZenBusiness. By following the steps outlined in this article and submitting the necessary documents to the New Mexico Secretary of State, LLCs can successfully amend their Articles of Organization and maintain compliance with state regulations.