New Mexico Registered Agent: How, Why, and When to Get One

What is a registered agent and what do they do?

Think of a registered agent (RA) as a liaison between your company and the state. Multiple states, including New Mexico, require formally registered businesses to appoint a registered agent, also called a resident agent. 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.

If you act as your own registered agent, you can accept these at your place of business. If your business doesn’t have a physical location, you will likely have to use your home.

Registered agent services, on the other hand, can accept these documents at their place of business and forward them to you.

Extra services offered by professional registered agents

Some registered agents offer useful services in addition to receiving legal documents on your behalf. These services can help you protect your privacy and efficiently run your business.

Document scanning

For example, LegalZoom's registered agent service scans sensitive documents such as legal service of process and other urgent mail for your business and uploads those documents to your secure cloud storage account for you to access digitally from anywhere.

Mail forwarding

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. LegalZoom will email you when there’s official mail in your account and send reminders if you don’t open your email.

Time-sensitive mail alerts

Many commercial agent services will let you know when you receive critical notices and send you mail alerts when important deadlines are approaching. These reminders help your business stay compliant with state regulations and avoid costly penalties.

Virtual mailboxes

Some registered agents also offer a virtual mailbox service that you can sign up for in addition to RA services. A virtual mailbox will receive your regular business mail, scan it, and upload it to your inbox to access digitally. This can be valuable for business owners who work from home or choose not to publicly display their office address. Instead, they can have their mail and packages sent to a virtual mail address to view online or pick up at a storage location.

Junk mail filtering

Another benefit of a virtual mailbox and registered agent service is that many will also filter out your junk mail. This is a convenient service that can save you time and effort and help to ensure you don’t lose track of important documents in a sea of junk mail.

New Mexico registered agent requirements

A registered agent in New Mexico must meet the following requirements: 

• If your registered agent is an individual, they must be a New Mexico resident and must be at least 18 years old.
• If your business sells alcohol and your registered agent is an individual, they must be at least 21 years old and can not be a convicted felon).
• If you use a registered agent service, they must be authorized to transact business in the state and their business entity must be in good standing.
• Your registered agent must have a physical address in New Mexico—not a P.O. box.
• Your agent must be available during normal business hours (Monday through Friday from 9 a.m.–5 p.m.).
• Your registered agent must sign a statement acknowledging that they’ve agreed to be your registered agent.

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. Their main purpose is to be available during business hours to receive sensitive documents and ensure a timely and appropriate response.

Lawsuits, subpoenas, and notices often have strict deadlines that can have both legal and financial consequences if not met. For that reason, it's critical to choose an agent who can reliably and promptly manage sensitive information.

Choosing to work with a registered agent service has a number of benefits, including the following:

• Legal compliance. Every New Mexico LLC and corporation must have a registered agent. A registered agent service is, quite literally, a pro at making sure this job is done correctly when the time comes.
• Maintain good standing. A professional registered agent service can help you stay on top of legal documents and deadlines—and urgently notify you of any noncompliance notices.
• Extra authority for your business. Registered agent services can lend a sense of professionalism to your business. Investors and customers alike will appreciate knowing that there is a dedicated professional staying on top of any important legal matters.
• Privacy. Your registered agent's information becomes public record. Rather than acting as your own, hiring other registered agent companies allows you to keep your personal information private.
• To separate your business and personal life. As a business owner, it’s easy for your professional life to slowly take over your personal life. A professional registered agent acts as a buffer, so important documents don’t show up at your house and get lost in the shuffle of daily life.
• 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. Remember: you must be present at the registered agent address during business hours. If your business doesn’t have a physical location, that means you’ll need to plan to be at home every business day.
• Added services and benefits. Professional registered agents often offer additional online services that allow you to receive legal notices and business mail digitally, streamlining multiple administrative parts of running a business.

Who should hire a professional registered agent?

Registered agent services aren't just for corporations and limited liability companies registered with the New Mexico Secretary of State. While a sole proprietorship or general partnership is not legally required to have a registered agent, they can also benefit from the legitimacy of working with a professional registered agent service.

Agent services offer privacy, convenience, and professionalism. As a sole proprietor, your business is closely tied to your personal identity. A registered agent service can be a powerful way to demonstrate that your business is serious and professional—and can help separate your business from your personal life.

How to hire a New Mexico registered agent

While the registration process differs by service, hiring a LegalZoom registered agent is fairly simple. You can get started by creating a LegalZoom account. Once you select the registered agent service, there are three key steps:

1. Tell us your legal business name. That is, the one you used to register with the Secretary of State.
2. Answer a few questions. You’ll provide basic details such as your business address and contact info to customize the service to meet New Mexico state requirements. 
3. We do the rest. We'll assemble the necessary paperwork and file it with the NM business services department. If you end up wanting to switch registered agents in the future, we’ll cover the cost to change it.

If you haven't registered your business in New Mexico yet, we can also help you form your LLC, corporation, nonprofit, or doing business as (DBA) with just a few more clicks. 

FAQs

Can you change registered agents?

Yes, New Mexico allows you to change your registered agent. You just need to file paperwork letting the state know that you're switching registered agents and update the Secretary of State with your new registered agent’s information through a written statement. 

Should you be your own registered agent?

In New Mexico, a registered agent can be an individual or a business. While this means that you can be your own registered agent, your company can't serve this role for itself. Your registered agent needs to be available to accept legal documents at a physical location during regular business hours. It’s also essential that your agent is able to convey any urgent information to you in a timely manner—for instance, if a lawsuit filed against you goes to court without your knowledge, you could lose the chance to defend yourself.

Should you hire a registered agent before forming your LLC?

Yes, you should hire a registered agent before forming your LLC. Appointing a registered agent is one of the requirements for registering a business in New Mexico. When you file articles of organization to officially establish your business in the state, you'll need to provide your registered agent’s name, mailing address, and signature to consent to appointment.

How much does a registered agent service cost in New Mexico?

That depends on who you appoint to provide the service for you. LegalZoom's Registered Agent Services cost $249/year. If you appoint yourself, an employee, or a family member, the service could be free. However, you may lose many of the benefits that make having a registered agent necessary, such as privacy, availability, and legal expertise. 

Does New Mexico require a registered agent?

Yes, you must appoint a registered agent to register a formal business (such as an LLC or corporation) in New Mexico. According to New Mexico Statutes, 51-11-12, failing to appoint a registered agent will lead to the revocation of your business. A sole proprietorship is not required to have a registered agent, but they may still appoint one.