Time to make that business name you've been using a legally registered one. File your DBA Statement today, and let LegalZoom do all the work. A DBA (called a Reserved Name in New Mexico) lets you open bank accounts, process transactions and legally function with the business name you've created. Also known as a fictitious business name, a DBA is next step you need to make your business work for you.
NEW MEXICO STATUTORY GUIDELINES
LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.
The exclusive right to the use of a corporate name may be reserved by:
The exclusive right to use a name may be reserved by:
- Any person intending to organize a corporation under the Business Corporation Act
- Any domestic corporation intending to change its name
- Any foreign corporation intending to make application for a certificate of authority to transact business in this state
- Any foreign corporation authorized to transact business in this state and intending to change its name
- Any person intending to organize a foreign corporation and intending to have such corporation make application for a certificate of authority to transact business in this state
Regarding corporations, the reservation must be made by filing with the commission. An application must be submitted to reserve a specified corporate name, and must be executed by the applicant. Regarding LLCs, the reservation must be made by filing with the commission an application executed by the applicant to reserve a specified name.
- A person intending to organize a LLC and to adopt that name
- A LLC or a foreign LLC registered in New Mexico that intends to adopt that name
- A foreign LLC intending to register in New Mexico and to adopt that name
- A person intending to organize a foreign LLC and to have it registered in New Mexico and to adopt that name
In New Mexico, a DBA expires in 120 days after the filing. The right to the exclusive use of a specified corporate name may be transferred by filing in the office of the commission a notice of transfer. This should be executed by the applicant for whom the name was reserved, specifying the name and address of the transferee. The right to the exclusive use of a reserved LLC name may be transferred by filing with the commission a notice of the transfer. This should be executed by the applicant for whom the name was reserved, specifying the name to be transferred, and the name and address of the transferee. The transfer must not extend the term during which the name is reserved.
Corporations may renew the registration from year to year by annually filing an application for renewal setting forth the facts required to be set forth in an original application, and a certificate of good standing as required for the original registration. In addition, one must pay a fee, and the renewal application may be filed between October 1 and December 31 each year, and extends the registration for the following calendar year.
DBA Statutory Guidelines for Foreign Corps ONLY
Names must not contain any word or phrase which indicates or implies that it is organized for any purpose other than those in articles of incorporation. It also must not state that it is authorized or empowered to conduct a business which a corporation is not permitted to transact, or be the same as, or confusingly similar to, the name of any domestic corporation existing under the laws of this state.
When filing, names must include the word "corporation," "company," "incorporated" or "limited," or contain an abbreviation of one of these words, or the corporation, for use in this state, adds at the end of its name one of these words or an abbreviation thereof.
One must provide the name of the corporation, the state or territory under the laws of which it is incorporated, the date of its incorporation, a statement that it is carrying on or doing business, and a brief statement of the business in which it is engaged. One also must include a certificate setting forth that the corporation is in good standing under the laws of the state or territory in which it is organized, executed by the Secretary of State of the state or territory or by the official who may have custody of the records pertaining to corporations.
Any foreign corporation not authorized to transact business in this state may register its corporate name under the Business Corporation Act if its corporate name is not the same as, or confusingly similar to, the name of any domestic corporation. One must submit application to the commission executed by the corporation by an officer.
Registration must be effective until the close of the calendar year in which the application for registration is filed.