Before you can actually request a certificate of good standing, you need to figure out which document you need. New Mexico issues two separate good-standing documents through two different agencies:
- The Secretary of State issues a certificate of good standing through its Business Filing System (BFS) portal to confirm your entity's active filing status.
- The Taxation and Revenue Department issues a letter of good standing that verifies tax compliance.
This guide covers how to request each one, which fits your situation, and what to do if your business isn't currently in good standing.
What is a New Mexico certificate of good standing and when do you need one?
A certificate of good standing is an official document from the New Mexico Secretary of State confirming that your registered business entity exists, is legally authorized to do business in the state, and has met its required filings and obligations. Other states sometimes call the same document a "certificate of status" or "certificate of existence," but in New Mexico, those are different certificates with different purposes.
Most business owners need this document when a third party asks for proof that the business is legally active and in good standing with the state. Common situations include:
- Registering to do business in another state. When a New Mexico LLC expands into another state, the receiving state's filing office typically requires a current certificate of good standing as part of the foreign qualification application.
- Applying for business financing. Lenders and investors often require the certificate before approving a loan or closing a funding round.
- Opening a business bank account. Some financial institutions ask for it when establishing a new commercial account.
- Entering contracts or business transactions. Certain agreements, particularly with larger companies or government entities, require proof of good standing before the deal closes.
New Mexico certificate of good standing: Eligibility requirements
The Secretary of State will only issue the certificate if your entity meets all of the following conditions at the time of the request:
- Registered with the New Mexico Secretary of State. Sole proprietorships and general partnerships don't register with the Secretary of State and can't obtain this certificate.
- Active status. Businesses that have been administratively revoked or dissolved are ineligible until they complete reinstatement.
- Current on required filings. Corporations must file a biennial report (for-profit) or annual report (nonprofit). New Mexico LLCs aren't subject to a periodic report requirement.
- All required state fees paid. Outstanding fees owed to the Secretary of State can block issuance.
- Valid registered agent on file. Your business must maintain an active registered agent with a physical street address in New Mexico.
How to get a New Mexico certificate of good standing from the Secretary of State
You can request the certificate online through the BFS portal. If you haven't used the system before, create an account first.
- Search for your business entity. You can search by name or business ID.
- Confirm your good standing status. Once you click on your entity in the search results, you can confirm your good standing status in the informational tab that appears. If you do not have good standing status, you will not have the option to request a certificate.
- Click “request certificate” on the top right of the tab.
- Click “Certificate of Good Standing” and log in to the portal when prompted.
- Enter your contact information and number of copies. The certificate will be delivered to the address or email you provide.
- Pay the state filing fee. Corporations pay $50, LLCs pay $25, nonprofit corporations pay $10.
- Download your certificate. Online requests are fulfilled immediately upon payment.
Note: The New Mexico Secretary of State also allows you to request a certificate of status, which shows that your entity is registered with the state, but does not speak to its good standing. You can also request a certificate of existence, but the purpose of that document is to verify the entity being searched is not registered nor authorized to conduct business in the State of New Mexico.
If you'd rather not have another administrative task on your plate, you can request a certificate of good standing through LegalZoom.
Why a New Mexico LLC or corporation may not be in good standing
- Lapsed or missing registered agent. The Secretary of State can administratively dissolve or revoke your entity if you fail to appoint or maintain a registered agent for 30 days, or fail to properly file paperwork for changes to the registered agent or registered office for 30 days.
- Unpaid state fees. Outstanding fees can block issuance and may trigger administrative dissolution if left unresolved.
- Missed biennial or annual reports (corporations). New Mexico for-profit corporations must file a biennial report due on the 15th day of the third month following the close of the fiscal year. Nonprofits must file annually. Missing these reports causes loss of good standing.
- Administrative revocation. A New Mexico LLC that's been administratively revoked may apply for reinstatement within two years of the revocation date. After that window closes, reinstatement is no longer available.
Consequences of losing good standing include fines, inability to file a lawsuit in New Mexico courts, inability to register in other states, and administrative dissolution.
How to restore good standing with the New Mexico Secretary of State
Restoring good standing with the state typically starts with correcting the issue that led to the loss of status in the first place. That might include filing overdue reports and paying outstanding fees or updating or replacing a registered agent using a statement of change form. Make sure you pay all delinquent fees as well as late fees.
If the issue that caused your loss of good standing also led to your business being administratively revoked or dissolved, you will need to submit a reinstatement request and pay any required fees within two years of the revocation date.
Once the Secretary of State issues a certificate of reinstatement, verify that your entity's status in the BFS portal reflects "active."
How to request a New Mexico letter of good standing from Taxation and Revenue
If a lender, bank, or state agency needs proof that your business is current on its taxes (not just its state filings), you need a letter of good standing from the New Mexico Taxation and Revenue Department.
Note: The letter confirms current tax standing but isn't a tax clearance and doesn't prevent the department from taking future actions on the relevant tax periods.
New Mexico imposes a gross receipts tax (GRT) rather than a traditional sales tax. Businesses operating in New Mexico are generally required to register with the Taxation and Revenue Department and obtain a New Mexico Business Tax Identification Number. The letter of good standing confirms that your business is current on its GRT and other applicable state tax obligations.
You request the letter through the Taxpayer Access Point portal. If your taxes aren't current, the department won't issue the letter until you resolve outstanding obligations.
How LegalZoom can help
LegalZoom’s compliance services can take a number of tasks off of your hands, from filing annual reports to serving as your registered agent. Our certificate of good standing service can help you acquire the certificate from the Secretary of State. If your filing is rejected or incorrect due to our error, we'll correct it with the government agency at no additional cost to you.
If you need to get your business back into good standing first, our reinstatement management service will help you draw up a roadmap and manage ongoing compliance deadlines so you don’t fall out of good standing again.
New Mexico certificate of good standing FAQs
How long is a certificate of good standing valid?
There's no fixed expiration date. Most institutions treat it as valid for 60 to 90 days from issuance, but the actual requirement is set by the requesting party, not the state. The same applies to the Taxation and Revenue Department's letter of good standing. Confirm the requesting party's recency requirement before you order.
Does a New Mexico LLC need a certificate of good standing to register in another state?
Yes, in most cases. When a New Mexico LLC or corporation registers to do business in another state, the receiving state typically requires a current certificate of good standing as part of the foreign qualification application. Request the certificate as close to your filing date as possible, since many states impose recency requirements.
What is an attorney certificate of good standing in New Mexico, and is it the same as a business certificate?
No. An attorney certificate of good standing is issued by the New Mexico Supreme Court and confirms that a licensed attorney is admitted to practice law in New Mexico and is in good standing with the state bar. It has no connection to business entity compliance. Business owners need the certificate of good standing from the Secretary of State.