New Mexico may be known for its vibrant culture and enchanting landscapes, but it’s also a business-friendly state with low taxes and plenty of incentives. The state has more than 172,113 small businesses, and they all have one thing in common: New Mexico law requires every registered business entity to appoint and maintain a registered agent.
What is a registered agent in New Mexico?
A registered agent in New Mexico is a designated person or business entity that serves as a liaison between your company and the state. Think of a registered agent as the official point of contact for your business with New Mexico government agencies and legal entities. Their primary role is to be available at a specific location during business hours to accept legal documents on behalf of your business such as subpoenas, notices, and summons.
Multiple states, including New Mexico, require formally registered businesses to appoint a registered agent, also called a resident agent. Under New Mexico Statutes Annotated (NMSA) Chapter 53, business entities that are required to register with the Secretary of State must appoint a registered agent. If you’re starting a New Mexico LLC or corporation, you need a registered agent.
New Mexico registered agent requirements
In New Mexico, a registered agent can be either an individual, including yourself, an employee, or a relative, or a business entity, like a professional registered agent service. A registered agent in New Mexico must meet the following requirements under state law.
Individual or entity requirements
Your registered agent must be one of the following:
- An individual resident of New Mexico
- A domestic corporation, LLC, or partnership with a physical place of business in New Mexico that is the same as the registered office
- A foreign corporation, LLC, or partnership authorized to transact business in New Mexico having a place of business that is the same as the registered office.
Your registered agent must provide written consent that they agree to be your registered agent. You can secure any basic statement of consent, although the Secretary of State offers a template on their website.
Physical address and availability requirements
Whether your registered agent is an individual or a business, they must be reachable at their registered office. The rules for registered offices are as follows.
- Physical address: Your registered agent must have a physical address in New Mexico—not a P.O. box.
- Business hours availability: Your agent must be available during normal business hours Monday through Friday from 9 a.m. to 5 p.m.
These requirements are strictly enforced by the New Mexico Secretary of State, and failure to maintain a compliant registered agent can result in administrative dissolution of your business entity.
How to appoint a registered agent in New Mexico
You must appoint a registered agent when you form your business or when you register a foreign entity to do business in the state. You can change your registered agent at any time.
For New Mexico LLCs and corporations
You’ll need to appoint a registered agent when you file your formation paperwork with the New Mexico Secretary of State. New Mexico LLCs can do so on their articles of organization, while corporations will fill out articles of incorporation.
- Secure a signed consent statement from your chosen registered agent before filing.
- Go to the New Mexico Secretary of State's online filing portal for business registration.
- Choose the appropriate form, then create an account when prompted.
- Fill out the entire form, providing the full name and New Mexico street address of your registered agent in that section.
- Submit the form through the portal, along with the required filing fee ($50 for LLCs, $100 or more for corporations based on the number of shares).
- Keep copies of all registered agent documentation in your business records.
- Ensure your registered agent information remains current and accurate.
For foreign entities
Foreign entities are businesses initially registered out-of-state that conduct business in the state of New Mexico. Foreign LLCs will need to get a certificate of registration, while the form for corporations is called a certificate of authority. The process is the same for both:
- Go to the Secretary of State’s online business portal and scroll down to “Business Registration for Out of State Entities.”
- Fill out the form, making sure to include all required information, such as the agent’s name, physical address, and consent to serve.
- Pay the required fee ($100 for LLCs, $200 or more for corporations, based on the number of shares).
- Keep your registered agent appointment current throughout your business operations in New Mexico
How to change your New Mexico registered agent
Even after your business is registered with the state, you can still change your registered agent in New Mexico. You might want to do this to get better service, lower costs, stronger privacy, or simply because your registered agent moved out of state or resigned.
In New Mexico, you must file a paper application to change your registered agent. You can mail or deliver a statement to the Secretary of State at the following address:
New Mexico Secretary of State
325 Don Gaspar, Suite 300
Santa Fe, NM
87501
You must include the following information in your statement:
- Your company’s name
- The name of your current registered agent
- The street address of the current registered office
- The name of the new registered agent
- The street address of the new agent's place of business
- Written consent from the new agent that they accept the appointment
- A statement on the nature of the change (change of agent name, change of registered office, or both)
Costs and fees for a New Mexico registered agent
The filing fee to appoint a registered agent is included when you file your formation documents with the New Mexico Secretary of State. There is a separate fee of $25 if you change your registered agent.
Professional registered agent services
Many businesses also choose to use a professional registered agent, which can cost anywhere from $100–$300 depending on the services offered by the agent.
LegalZoom’s registered agent service runs $249/yr and includes document scanning, unlimited cloud storage, compliance reminders, and alerts when we receive important mail. Our offices in Albuquerque and Los Alamos are fully staffed and meet all state requirements. Plus, we cover the paperwork and filing fees at no additional cost.
Why should you hire a New Mexico registered agent service?
New Mexico requires businesses to have a registered agent because it's important for a business to be reachable for timely matters. Having a professional agent available ensures new businesses can grow and adapt without being tied to a physical location during specific hours.
Legal compliance and good standing
Lawsuits, subpoenas, and compliance filings often have strict deadlines that can have both legal and financial consequences if not met. New Mexico registered agent services can offer:
- Availability and reliability. A registered agent must be present at the registered office address during business hours, Monday through Friday from 9 a.m. to 5 p.m. They also need to handle and forward your documents in a timely manner. A registered agent service is experienced at making sure this job is done correctly when the time comes.
- Compliance monitoring. Professional services often track important state deadlines, such as annual report filings and franchise tax payments, helping your business maintain good standing with the state.
Privacy protection
When you run a business, protecting your personal information can be just as important as staying compliant with state laws. Registered agent services can help with:
- Public record privacy. Your registered agent's information becomes public record in New Mexico Secretary of State filings. If you run your business from your home, this means your home address and name are part of public record associated with your business.
- Home address protection: Using a professional service means legal documents won't be served at your home address, maintaining separation between your personal and business life.
Business flexibility and professionalism
Your choice of registered agent can affect more than just legal compliance—it can shape how others view your business and how much freedom you have in running it. Registered agent services provide your business with:
- Professional image. Registered agent services can lend a sense of professionalism to your business.
- Operational flexibility. Hiring a professional registered agent means that you can make your own hours without having to adhere to strict availability during regular business hours. This is especially useful if your business doesn't have a physical location or you travel frequently.
Enhanced services and digital solutions
Professional registered agents often offer additional services that can streamline your business operations, such as:
- Document scanning. LegalZoom's registered agent service will scan sensitive documents such as legal service of process and other urgent mail for your business and upload those documents to secure cloud storage for you to access digitally from anywhere.
- Mail forwarding and alerts. Forwarding official legal documents is one of the essential roles of a registered agent. However, some registered agents will also send alerts and reminders to ensure you're aware of other urgent documents that need your attention.
- Virtual mailboxes. Some registered agents also offer virtual mailboxes. A virtual mailbox will receive your regular business mail, scan it, and upload it to your inbox to access digitally.
New Mexico registered agent FAQs
Does New Mexico require a registered agent?
Yes, New Mexico law mandates that all domestic and foreign LLCs, corporations, and other registered business entities maintain a registered agent at all times. This requirement is found in NMSA 1978, § 53-11-11 for corporations and similar statutes for other entity types. Failure to maintain a registered agent can result in administrative dissolution of your business.
Can I be my own registered agent in New Mexico?
Yes, you can serve as your own registered agent in New Mexico if you meet the state's requirements. You must be a New Mexico resident, maintain a physical address in the state, and be available during business hours Monday through Friday from 9 a.m. to 5 p.m. However, many business owners choose professional services for privacy and convenience reasons.
What happens if I don't maintain a registered agent in New Mexico?
Failing to maintain a registered agent in New Mexico can have serious consequences. The New Mexico Secretary of State may initiate administrative dissolution proceedings against your business entity. You'll typically receive notice and have an opportunity to cure the deficiency, but continued noncompliance can result in loss of good standing and eventual dissolution of your business registration.
Can I use a P.O. box for a registered agent address in New Mexico?
No, New Mexico law specifically requires that registered agents maintain a physical street address within the state. P.O. boxes, private mailbox addresses, and virtual addresses are not acceptable for registered office purposes. The address must be a location where the named agent is physically present and can reliably receive service of process and legal documents during business hours. Another person cannot accept certain documents on behalf of your agent.
How do I look up a company's registered agent in New Mexico?
You can search for a company's registered agent information using the New Mexico Secretary of State's online business search. Enter the company name or file number to view public records, including current registered agent information. This information is part of the public record for all registered business entities in New Mexico.
Fabrienne Bottero contributed to this article.
'%20/%3e%3c/svg%3e)
'%3e%3cpath%20fill-rule='evenodd'%20clip-rule='evenodd'%20d='M9.31239%2025.5316H13.0679V14.1032H9.31239V25.5316ZM11.1913%208.46875C9.93945%208.46875%209%209.25086%209%2010.505C9%2011.5995%209.78211%2012.5389%2011.1913%2012.5389C12.6005%2012.5389%2013.3826%2011.5995%2013.3826%2010.505C13.3826%209.4082%2012.6005%208.46875%2011.1913%208.46875ZM27%2018.9577V25.5316H23.2445V19.4275C23.2445%2017.8609%2022.6174%2016.7664%2021.3679%2016.7664C20.2711%2016.7664%2019.644%2017.5463%2019.3316%2018.1756C19.1743%2018.488%2019.1743%2018.8004%2019.1743%2019.1128V25.5316H15.4165V13.9458H19.1743V15.5123C19.644%2014.7302%2020.5835%2013.6357%2022.6174%2013.6357C25.1234%2013.7908%2027%2015.3573%2027%2018.9577Z'%20fill='white'/%3e%3c/g%3e%3cdefs%3e%3cclipPath%20id='clip0_952_9489'%3e%3crect%20width='18'%20height='18'%20fill='white'%20transform='translate(9%208)'/%3e%3c/clipPath%3e%3c/defs%3e%3c/svg%3e)
