Follow these simple steps and you'll be on your way to forming an LLC in New Mexico.
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updated September 1, 2023 · 5min read
A limited liability company (LLC) offers liability protection and tax advantages, among other benefits for small businesses.
LLC formation in New Mexico is easy. Just follow these six steps, and you'll be on your way.
You'll need to choose a name to include in your articles before you can register your LLC.
Names must comply with New Mexico's naming requirements. The following are the most important requirements to keep in mind:
See a complete listing of New Mexico's naming rules.
New Mexico requires you to appoint a registered agent for your LLC.
A registered agent is the person or entity authorized to receive service of process and other official legal documents and notices on behalf of your LLC. They must meet the following criteria:
The articles of organization is a document that officially establishes your LLC by laying out basic information about it.
Prepare articles of organization and file them with the New Mexico Secretary of State to properly register your New Mexico LLC. Though it sounds like a big job, that simply means filling out a relatively simple online form and submitting it. You can also send it by mail.
To prepare your articles, you'll usually need the following information:
Once you file your articles, the secretary of state will review the filing. If the articles are approved, the LLC becomes a legal business entity.
Once the LLC is approved, the state will send you an email. The email should contain an acceptance letter, a stamped and approved articles of organization, and a certificate of organization that confirms the LLC formally exists after the LLC's formation documents are filed and approved.
This certificate will allow the LLC to obtain an Employer Identification Number (EIN), business licenses, and business bank account.
An operating agreement is a document that outlines the way your LLC will conduct business.
An operating agreement isn't required in New Mexico, but it is an essential component of your business. Having a readily accessible, written operating agreement is helpful for various reasons, including settling disputes that may arise over financial agreements and other potential litigation. Without an agreement in place, the courts make determinations based on state law, not necessarily what is in the best interest of the LLC and its members.
The operating agreement can include, but is not limited to, the following:
The nine-digit Employer Identification Number (EIN) is assigned by the Internal Revenue Service to identify your LLC for taxes. You can obtain your EIN by mail or online through the IRS.
The purpose of an EIN is to assist with the following:
Registering your LLC gives you a legal foundation to conduct business. Plan to keep your LLC compliant and in active status on the state's website.
This might include making quarterly tax payments and/or filing an annual report. You also need to maintain a registered agent for your business.
A registered LLC also makes it possible for you to do the following:
by Rudri Bhatt Patel
Rudri Bhatt Patel is a former attorney turned writer and editor. Prior to attending law school, she graduat...
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