How to Amend Articles of Organization in New Mexico

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Amend New Mexico Articles of Organization

Amend Articles of Organization in New Mexico: When you start an LLC in New Mexico, you must file the Articles of Organization. This document records all the details of your LLC, such as name, address, name and address of the Registered Agent, and other business-related information. If you make any changes to the LLC, you must file Articles of Amendment. Any changes you make to the Articles of Organization must be properly documented and filed with the 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, I will share how to amend New Mexico Articles of Organization easily. I recommend you read the article till the end to learn everything about the process.

On this page, you’ll learn about the following:

What is Articles of Organization in New Mexico?
Why Amend Articles of Organization?
How to Amend New Mexico Articles of Organization
Important Information
- Cost to File New Mexico Articles of Amendment
- Penalties for Not Filing Articles of Amendment
FAQs

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 to the State SOS online or by mail. There are certain details that 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
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

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 anytime, for example, non-profit 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.

How to Amend New Mexico Articles of Organization

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 changes are common and often take place in New Mexico LLC. If you think your LLC needs such changes and you determine to make those changes, then you must proceed to the next step.

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

The final step is to file the Articles of Amendment. One has to submit the Articles of Amendment (PDF) online or by mail to the New Mexico Secretary of State. If there is a name change, the business name change form should be attached to the Amendment form.

Filing: To file it by mail or online, the Articles of Amendment form must be submitted to the Articles of Amendment or uploaded to the New Mexico SOS website.

Important Information

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 LLC does not file an amendment for that, it will be considered a violation of state law. Hence, the LLC might face legal issues.

FAQs

How do I amend New Mexico Articles of Organization?

To amend New Mexico Articles of Organization, the business must file a Certificate of Amendment with the New Mexico Secretary of State.

What information do I need to amend New Mexico Articles of Organization?

To amend New Mexico Articles of Organization, you will need to include the business name, the date of the original filing, the amendment, the name and signature of an authorized person, and the date of the amendment.

How much does it cost to amend New Mexico Articles of Organization?

The filing fee to amend New Mexico Articles of Organization is $10.

How long does it take to amend New Mexico Articles of Organization?

It typically takes 5-7 business days to amend New Mexico Articles of Organization.

What forms do I need to amend New Mexico Articles of Organization?

The form needed to amend New Mexico Articles of Organization is the Certificate of Amendment.

What is the purpose of amending New Mexico Articles of Organization?

The purpose of amending New Mexico Articles of Organization is to update the business’s information, such as its name, address, and registered agent.

Is amending New Mexico Articles of Organization mandatory?

Amending New Mexico Articles of Organization is not mandatory, but it may be necessary to keep the business in compliance with state requirements.

What happens if I don’t amend New Mexico Articles of Organization?

If you do not amend New Mexico Articles of Organization, you may be out of compliance with state requirements and could face fines or penalties.

How often should I amend New Mexico Articles of Organization?

It is recommended that you amend New Mexico Articles of Organization annually, or whenever there is a change in the business’s information.

Can I amend New Mexico Articles of Organization online?

Yes, you can amend New Mexico Articles of Organization online by filing the Certificate of Amendment and paying the $10 filing fee.

How do I file a Certificate of Amendment to amend New Mexico Articles of Organization?

To file a Certificate of Amendment to amend New Mexico Articles of Organization, you must submit the form to the New Mexico Secretary of State, along with the appropriate filing fee.

Do I need to notify the New Mexico Secretary of State when I amend New Mexico Articles of Organization?

Yes, you must notify the New Mexico Secretary of State when you amend New Mexico Articles of Organization by filing a Certificate of Amendment.

Who can amend New Mexico Articles of Organization?

New Mexico Articles of Organization can be amended by any authorized person associated with the business, such as a manager, owner, or officer.

Is a signature required to amend New Mexico Articles of Organization?

Yes, a signature is required to amend New Mexico Articles of Organization, as it must be signed by an authorized person associated with the business.

What is the official name of the document used to amend New Mexico Articles of Organization?

The official name of the document used to amend New Mexico Articles of Organization is the Certificate of Amendment.

What is the filing fee to amend New Mexico Articles of Organization?

The filing fee to amend New Mexico Articles of Organization is $10.

Can I cancel an amendment to New Mexico Articles of Organization?

Yes, you can cancel an amendment to New Mexico Articles of Organization by filing a Certificate of Cancellation.

How do I find the New Mexico Secretary of State?

The New Mexico Secretary of State can be found online at www.sos.state.nm.us.

Can I file New Mexico Articles of Organization amendments in person?

Yes, you can file New Mexico Articles of Organization amendments in person at the New Mexico Secretary of State’s office.

What is the mailing address for the New Mexico Secretary of State?

The mailing address for the New Mexico Secretary of State is 325 Don Gaspar Ave, Santa Fe, NM 87501.

What is the address of the New Mexico Secretary of State’s office?

The address of the New Mexico Secretary of State’s office is State Capitol Complex, Room 400, Santa Fe, NM 87501.

What is the phone number for the New Mexico Secretary of State?

The phone number for the New Mexico Secretary of State is 505-827-4508.

What is the fax number for the New Mexico Secretary of State?

The fax number for the New Mexico Secretary of State is 505-827-4331.

What is the email address for the New Mexico Secretary of State?

The email address for the New Mexico Secretary of State is [email protected].

How do I contact the New Mexico Secretary of State?

You can contact the New Mexico Secretary of State by phone at 505-827-4508, by fax at 505-827-4331, by email at [email protected], or in person at the State Capitol Complex, Room 400, Santa Fe, NM 87501.

Is a Certificate of Amendment required to amend New Mexico Articles of Organization?

Yes, a Certificate of Amendment is required to amend New Mexico Articles of Organization.

Do I need to attach any documents when filing a Certificate of Amendment to amend New Mexico Articles of Organization?

No, you do not need to attach any documents when filing a Certificate of Amendment to amend New Mexico Articles of Organization.

Is there a specific format for the Certificate of Amendment to amend New Mexico Articles of Organization?

Yes, there is a specific format for the Certificate of Amendment to amend New Mexico Articles of Organization.

Is there a deadline for filing a Certificate of Amendment to amend New Mexico Articles of Organization?

No, there is no deadline for filing a Certificate of Amendment to amend New Mexico Articles of Organization.

How will I receive confirmation that my amendment to New Mexico Articles of Organization has been accepted?

You will receive confirmation that your amendment to New Mexico Articles of Organization has been accepted via email from the New Mexico Secretary of State.

Conclusion

In conclusion, amending New Mexico Articles of Organization is a simple process that requires a few steps to report any changes made to an LLC. Filing the Articles of Amendment is crucial, and failure to do so can lead to legal issues and non-compliance with state laws. 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.