New Mexico Registered Agent: If you wish to start a New Mexico LLC, you have to appoint a registered agent. According to New Mexico State Law, it is mandatory to have a New Mexico Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in New Mexico, and who can be a registered agent for your LLC. Read this guide carefully before you hire a New Mexico Registered Agent.
On this page, you’ll learn about the following:
What is a New Mexico Registered Agent
A registered agent (or a statutory agent or a resident agent) in New Mexico is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the New Mexico LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in New Mexico, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in New Mexico
You may have several options for hiring a registered agent in New Mexico. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in New Mexico can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in New Mexico always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in New Mexico
You can choose a New Mexico Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
LLC Service | Our Rating & Pricing | Top Features | Learn More |
#1 TOP PICK  | $299 Per Year |
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 | $125 Per Year |
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Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a New Mexico Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in New Mexico
At the time of submitting the New Mexico Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the New Mexico LLC Online Filing page and provide the information of your Registered Agent accordingly. For more information, read on New Mexico Articles of Organization.
Cost of a New Mexico Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in New Mexico.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent service at a low cost.
How to Change a Registered Agent in New Mexico
To change the New Mexico registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the New Mexico Secretary of State via mail or email.
File Online
For online filing, you need to get the online form which is available on the New Mexico Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: $20
How to Pay: The filing amount is payable to the New Mexico secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Consent Letter
The newly appointed Registered Agent in New Mexico has to sign a consent letter to give their nod to the job at LLC. In New Mexico, LLCs have to submit the Statement of Acceptance of Appointment Form signed by the newly appointed registered agent.
Why Do LLCs in New Mexico Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in New Mexico. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in New Mexico ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances, as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in New Mexico to publicly upload their address to the New Mexico Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the New Mexico SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in New Mexico or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
New Mexico Registered Agent and Business Laws
The registered agents of New Mexico are responsible for addressing all legal aspects and issues that are related to New Mexico LLC law. Every state has its own business laws. New Mexico isn’t an exception. Every state is governed by its own business laws. These are the top business laws that every company must follow.
Interest Law
Every state has its own set of interest laws for business. The rate threshold is lower than the general guidelines. Because businesses typically accept higher interest rates, it is not surprising. New Mexico offers interest rates of 15%. The interest rate on judgment is 8%. If the case is involved in tortious conduct, then the interest rate on judgment is 15%.
New Mexico has Usury Law. This law has higher interest rates for advances as well as loans. The rate of interest is determined by the law. The penalty for violating this law leads to recovering the entire interest rate, including recovering twice the money borrowed.
Antitrust Law
Antitrust law, in general, is used to identify the formation of cartels in any given market. A cartel is a combination of rivals that has an unconstitutional influence on the supply or the price. Cartels in any market are unlawful. New Mexico is governed by the same Antitrust Law as other states. The New Mexico law permits you to bring a case within four years for civil penalties and three years for criminal penalties. Plaintiffs are also able to recover costs for attorney’s fees and other damages under this law.
Deceptive Trade Practices Laws
New Mexico has a Deceptive Trade Practice Law. Accused under this law will be responsible for paying the actual damage or $100, whatever is more. Also, plaintiffs can recover the attorney’s fees, treble damages, or $300, whatever is more. Civil penalties will be up to $500.
Credit Card and Debit Card Laws
Credit card frauds are common in all states. Credit card frauds include impersonation, issued in someone else’s name, expired credit card, credit card defaulter, etc. Under this law, a minimum of $250 and a maximum of $20,000 can be levied as penalties on the accused.
Hourly and wage laws
New Mexico law stipulates that all employees over 18 years old receive a minimum of $7.50 per hour. Tipping employees should receive at least $2.13 per hour. For those employees who are tipped, the tip should be enough to give the hourly rate of $7.50. Employers have to raise their base wages. Depending on the city, the hourly wage rate varies and can go up to $10.51. In New Mexico, all employees have to work 40 hours a week. Employees who work more than 40 hours should be paid for overtime.
Pyramid and Ponzi Schemes Act
New Mexico can punish anyone who attempts to commit fraud in the investment industry with up to 18 months of imprisonment and a fine of up to $10,000. Anyone who commits investing fraud, for example, paying current investors using money taken from new investors, can be penalized. Plaintiffs can recover attorney’s fees and other costs.
Registered agents handle these cases and laws. New Mexico has registered agents who can help you deal with these laws.
How to Remove a Registered Agent for LLC in New Mexico
A registered agent for LLC in New Mexico can be removed by filing a Change of Registered Agent Form with the New Mexico Secretary of State by paying a filing fee of $20.
When forming an LLC, businesses are required to designate a registered agent. A registered agent is responsible for accepting legal documents, such as lawsuits and subpoenas, on behalf of the LLC. In New Mexico, LLCs have the ability to remove and replace their registered agent if necessary.
The process to remove a registered agent in New Mexico requires the LLC to file a form with the Secretary of State’s office. This form, called Certificate of Account Status/Cancellation, must include the LLC’s name, file number, and current registered agent’s name and address. Additionally, the LLC must pay a fee to process the form.
It is important for LLCs to understand the significance of removing a registered agent. While it may seem like a simple administrative task, it can have legal implications. For example, if the LLC does not receive important legal documents because they were sent to the old registered agent, it could have detrimental consequences for the business. Conversely, choosing a new registered agent can provide advantages to the LLC, such as an agent who specializes in the industry or who is located in a more convenient location.
To select a new registered agent, the LLC can choose any capable individual or entity. The person or entity must have a physical address in New Mexico and be available during business hours to accept legal documents for the LLC. Some suggested individuals who could serve as registered agents include attorneys, accountants, or commercial registered agents.
It is important to note that registered agents are not required to accept the designation. If an individual or entity declines the appointment or becomes unavailable, the LLC needs to select another registered agent promptly to maintain compliance with New Mexico laws.
In conclusion, removing a registered agent in an LLC is a task that should not be taken lightly. It is important to understand the legal implications of this action and comply with all New Mexico state regulations. By following the correct procedures, LLCs can maintain their legal compliance and protect their business from potential legal risks.
FAQ
The New Mexico Secretary of State must receive the RA change application form before the registered agent may be changed in that state. By entering all the necessary, crucial information online, this may be accomplished. New Mexico levies a $20 fee for changing a registered agent.
A registered agent in New Mexico may be obtained with ease. You must be at least 18 years of age and a resident of the state in order to register as an agent. In New Mexico, being a registered agent doesn’t call for any particular educational preparation.
Anyone is eligible to serve as a registered agent in New Mexico. Any person who meets the requirements, including your spouse, family, LLC members, and you, may act as the registered agent. Both the applicant and the recipient must be legal adults who live in New Mexico.
You must submit the RA Alter Form with the new address listed in order to change a registered agent’s address in New Mexico. Once all the necessary information has been entered, the form may be submitted online. To the New Mexico SOS, you should send this form.
You must go to the New Mexico Secretary of State website to identify a company’s registered agent there. The option of finding the company by name will be presented to you. You may choose the registered agent’s name to see the data if you input the company name.
Any legal notifications, permits, and processes must be received by the company’s registered agent in New Mexico, who also has the duty to serve any necessary paperwork. The state of New Mexico requires that you have a registered agent. In New Mexico, you have two options for registered agents: hiring a pro and acting on your own.
At the time of a company’s registration, registered agents may be designated by providing their information. There is a part in the formation document where you must provide information about the registered agent, such as name, address, and contact information. Don’t forget to provide your personal details if you’re acting as a registered agent.
Following these procedures will allow you to look for a registered agent’s address:
1. Access the New Mexico Secretary of State’s website.
2. Find a corporation using its name.
3. Verify the address list and Registered agent sections.
Using this method, you may look for the New Mexico address of the registered agent.
Visit the New Mexico Secretary of State’s website to look for businesses in the state. The “Search” option is where you’ll find it. The name of the registered agent and the name of the company may both be used to find it. To retrieve the business information, choose “registered agent” and input your registered agent’s name.
You must meet three requirements in order to be a registered agent in New Mexico. You need to be older than 18 years old, to start with. A resident in the state is a requirement two. To put it another way, you must have a real New Mexico street address. And last, you need to be able to legally do business in New Mexico.
In New Mexico, it is simple to locate a corporation’s registered agent. The New Mexico Secretary of State’s website must be accessed in order to achieve this. Navigate to the Business Search menu item. You may look for a company by name by choosing the option “Look up by name.” The registered agent information may be checked after you have the company.
In New Mexico, a registered agent who wishes to quit must provide a letter of resignation to the business that they are currently working for. The New Mexico Secretary of State should receive a resignation notification, along with the resignation letter, to confirm the registered agent’s resignation after a certain period of time.
The New Mexico Secretary of State requires the RA Change Form to be submitted online in order to modify a registered agent there. It’s not possible to update a new registered agent in every state online. To find out whether the online option is offered, visit the New Mexico SOS website.
In three different methods, New Mexico offers free registered agents. As your own registered agent, you may take the initial step. The second is if any of your friends, family members, or partners choose to register as a registered agent. Free registered agent service is offered in New Mexico by several company creation firms.
A registered agent in New Mexico may be readily found online. The New Mexico Secretary of State’s official website must be visited. Choosing “search by name” is an option if you know the company name. You may look for a registered agent’s information from the list when you discover the business information.
The registered agent form has to be submitted online in New Mexico. You must choose a registered agent and provide all of their information on the formation paperwork when registering your firm. After that, send it via mail to the aforementioned address.
It’s required in New Mexico for your business to have a registered agent. In contrast, you could run into legal issues if your firm lacks a registered agent. It is crucial to choose a registered agent in New Mexico; otherwise, you may act as your own registered agent.
A deceased registered agent will leave your firm without a registered agent. The presence of a registered agent on behalf of your business is required in New Mexico. Any remaining power will be useless if he or she passes away. Companies are required to inform the SOS as soon as they replace or alter their registered agent.
Whether the registered agent’s name can be disguised or not, cannot be answered with certainty. An LLC member’s or the owners’ identities may be concealed from public registration in certain states. If your LLC is unidentified, it can happen. You may not be able to conceal the name of the registered agent in certain states. For further information, see the New Mexico Secretary of State’s rules on company registration.
Call 1-800-477-3632 if you want to find out who the registered agent is in New Mexico. The New Mexico Secretary of State is open from eight till five daily (central time). The division you’re searching for may be reached by dialing this number and following the instructions.
The permission of a registered agent to act as the company’s representative is a written declaration that the agent is prepared to do so. If you want to alter your registered agent in New Mexico or appoint a new one, the new agent must get the SOS’s approval first.
A registered agent and a resident agent are not distinguishable in this way. A resident agent is another name for the registered agent in New Mexico. A resident agent is referred to as a registered agent in the majority of states. Resident agents are used in a few states.
A legal sanction and punishment may be placed on the person appointing a registered agent without the permission of a person who has been appointed as such in New Mexico without their consent. Additionally, individuals have the ability to reject any obligation imposed by the procedure.
The answer is that your LLC may still be sued even if it has no registered agent in New Mexico. In New Mexico, there are several legal avenues for suing any company. There will be an alternative method of suing the corporation if nobody is available to accept the legal paperwork.
In New Mexico, the designation is revocable by the registered agent. By signing the declaration of refusal and delivering it to the Secretary of State, the individual may reject the designation. On the SOS website, you may get the rejection statement.
In Conclusion
Before you choose a registered agent for your New Mexico LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.
Dear Support Team
I have incorporated an LLC in Virginia. Now I want to move it to New Mexico. What would be charges other than your Registered Agent Fee?
Your kind & prompt confirmation will be highly appreciated.
Best Regards,
Rida Naeem Khan