Do I need a lawyer to Form a LLC in New Mexico? |
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The short answer is no.
The state of New Mexico does not legally require a lawyer to form a
New Mexico Limited Liability Company (LLC).
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The short answer is no.
The state of New Mexico does not legally require a lawyer to form a
New Mexico Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a New Mexico LLC.
However, if there is anything about Forming a LLC in New Mexico
that you're not sure about you should seek the advice of a competent New Mexico lawyer, a New Mexico accountant,
or a New Mexico Business advisor before you form a LLC in New Mexico.
Once you have made the decision to Form a LLC in New Mexico, a New Mexico lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
New Mexico Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in New Mexico?
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You are not legally required to reserve a Company Name for a new New Mexico LLC before you submit your application to
Form a LLC in New Mexico.
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You are not legally required to reserve a Company Name for a new New Mexico LLC before you submit your application to Form a LLC in
New Mexico.
Whether or not you need to reserve a company name for your new New Mexico LLC depends entirely on your business situation.
The New Mexico Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that New Mexico Company Name.
Click here for more information on
New Mexico Company Name Reservation
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What if the New Mexico LLC Name I want is already taken?
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If the Name you have chosen for your new New Mexico LLC is already in use by a currently active
New Mexico Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the New Mexico Secretary of State. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new New Mexico LLC is available before we submit
your new LLC filing to the New Mexico Secretary of State.
If necessary we can register a DBA Name in New Mexico for you so that you can open your new New Mexico business as quickly as possible.
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What do I have to do to Form a LLC in New Mexico?
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6 things you have to do in order to Form a LLC in New Mexico.
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6 things you have to do in order to Form a LLC in New Mexico.
1. Choose a name for your New Mexico LLC
2. Select an official address and a Registered Agent for your New Mexico LLC
3. Determine who will be Members and who will Manage your New Mexico LLC
4. Determine how you want your New Mexico LLC to be taxed
5. File Articles of Organization with the New Mexico Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your New Mexico LLC
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Your New Mexico LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the New Mexico LLC name that you choose must be distinguishable from the name of any other registered New Mexico LLC or other
registered New Mexico business entity, such as a New Mexico Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of New Mexico.
Your New Mexico LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your New Mexico LLC name must not be a name that is likely to mislead the public.
The name of a New Mexico LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your New Mexico LLC because if you want to change it after you
Form a LLC in New Mexico you
will have to file amended Articles of Organization with the New Mexico Secretary of State (and pay a fee).
We will:
- Check to make sure that your New Mexico LLC name is available
- Make sure your New Mexico LLC name conforms to state of New Mexico regulations
- Reserve your New Mexico LLC name with the New Mexico Secretary of State
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2. Select an official address and a Registered Agent for your New Mexico LLC
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Every New Mexico LLC must have an address that is physically located in the state of New Mexico.
This address is "registered" with the New Mexico Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of New Mexico to receive all correspondence on behalf of the New Mexico
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many New Mexico LLCs hire a Registered Agent because they don't have a physical
address within the state of New Mexico or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your New Mexico LLC.
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3. Determine who will be Members and who will Manage your New Mexico LLC
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The owners of a New Mexico LLC are called Members - not Partners or Shareholders.
(a New Mexico Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the New Mexico LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each New Mexico LLC must have at least one Member.
Members need not live in the state of New Mexico or be citizens of the United States.
Managers are responsible for the day to day operation of the New Mexico LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the New Mexico LLC.
Management for your New Mexico LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your New Mexico LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
New Mexico LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the New Mexico LLC is created.
If a single Member New Mexico LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member New Mexico LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your New Mexico LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the New Mexico Secretary of State
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A New Mexico Limited Liability Company is a type of business that is authorized by the state of New Mexico - not by the federal government.
In order to form a LLC in New Mexico you must file Articles of Organization with the New Mexico Secretary of State.
The Articles of Organization must include certain specific information about your New Mexico LLC.
If the Articles do not conform exactly to state of New Mexico requirements they will be rejected.
You may subsequently amend the Articles of Organization for your New Mexico LLC but you will have to pay a fee to the state of
New Mexico in order to make the changes official.
- We can prepare and file your Articles of Organization with the New Mexico Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your New Mexico LLC.
All New Mexico LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your New Mexico LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member New Mexico LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member New Mexico LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your New Mexico LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your New Mexico LLC as soon as it is approved by the New Mexico Secretary of State.
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What do I have to do after I form my New Mexico LLC? |
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5 things you have to do after you Form a LLC in New Mexico.
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5 things you have to do after you Form a LLC in New Mexico.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in New Mexico for your NM LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required New Mexico LLC reports
5. Keep proper records of your New Mexico LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your New Mexico LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your New Mexico LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a New Mexico LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of New Mexico, if you plan to form a multiple Member New Mexico LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your New Mexico LLC grows over time, you may amend your Operating Agreement as necessary.
When your New Mexico LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of New Mexico.
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2. Open a Business Bank Account in New Mexico
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It's very important that you have a separate business bank account for your New Mexico LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your New Mexico Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your New Mexico LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a New Mexico LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A New Mexico LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your New Mexico LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your New Mexico LLC vary depending on your business activities
and the specific locations within the state of New Mexico in which you want to conduct business.
If your New Mexico LLC will be selling products in New Mexico you may be required to obtain a Reseller's Permit from the appropriate
New Mexico state agency.
If your New Mexico LLC will be selling products in New Mexico you will also be responsible for all applicable local and state of New Mexico
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your New Mexico LLC package.
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4. File the required New Mexico LLC reports
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In the state of New Mexico, Limited Liability Companies (LLCs) are exempt from filing Annual or Biennial Reports.
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Each New Mexico LLC must file a with the New Mexico Secretary of State.
The New Mexico includes basic information about your New Mexico LLC.
Failure to submit a properly completed New Mexico to the New Mexico Secretary of State on or before the
due date may subject the New Mexico LLC to being administratively dissolved in the state of New Mexico or having its authority to
transact business in the state of New Mexico revoked by the New Mexico Secretary of State.
Penalties may accrue if you fail to file any New Mexico LLC to the New Mexico Secretary of State
by the due date.
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5. Keep proper records of your New Mexico LLC on file
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Keep the following records on file and available at the principal business office of your New Mexico LLC:
- Names and addresses of all Members and Managers of the New Mexico LLC
- Articles of Organization for the New Mexico LLC and any Amendments to them
- Copies of all tax returns and reports for the New Mexico LLC for the last 3 years
- If the New Mexico LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the New Mexico LLC
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What information do I need in order to Form a LLC in New Mexico? |
In order to Form a LLC in New Mexico you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new New Mexico LLC's Registered Agent.
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In order to Form a LLC in New Mexico you'll need the following information about your new Company:
- The name of your new New Mexico LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in New Mexico (not a PO Box)
- Name and address of your New Mexico Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your New Mexico LLC
- Who is going to manage the day to day operation of your New Mexico LLC
- The number of Members (Owners) of your New Mexico LLC
- When your New Mexico LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
You do not have to name the Members of a
New Mexico LLC in the Articles of Organization.
While you are not required to name the Members of a new New Mexico LLC you still may include Member information with your initial
New Mexico LLC filing.
Remember - ALL the information that you provide when you Form a LLC in New Mexico becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in New Mexico.
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How long does it take to Form a LLC in New Mexico? |
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Processing times for new New Mexico LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new New Mexico Articles of Organization takes the state around 2-3 weeks.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your New Mexico LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE NEW MEXICO SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the New Mexico Secretary of State.
In our experience 2-3 weeks is the time it usually takes the New Mexico Secretary of State to process
a new New Mexico LLC application.
We get your New Mexico LLC application to the NM Secretary of State ASAP. Once it is at the state we have no control over the new New Mexico LLC application process.
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Are there any Expedited Processing Options for new NM LLC Filings?
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The New Mexico Secretary of State offers two expedited processing options for New Mexico LLC filings. For an additional $100 the Secretary of State will process your application for a new NM LLC within 2 business days. For $150 the Secretary of State will process your application for a New Mexico LLC on the same day for filings received before 2PM New Mexico time.
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How much does it cost to Form a LLC in New Mexico? |
The state of New Mexico charges $85.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the NM Secretary of State.
If you choose All Business Documemnts to help you form your LLC in New Mexico, our processing fees are $125.00.
We start processing your new New Mexico LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the New Mexico Secretary of State
- Certified Copies of Articles
- New Mexico LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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New Mexico Foreign LLC Qualification |
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You want to do business in the state of New Mexico but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of New Mexico you must register with the New Mexico Secretary of State as
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You want to do business in the state of New Mexico but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of New Mexico you must register with the New Mexico Secretary of State as
a New Mexico Foreign LLC.
The process of registering as a Foreign LLC in the state of New Mexico is called New Mexico LLC Foreign Qualification.
The process of New Mexico LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of New Mexico.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your New Mexico Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the New Mexico Foreign LLC.
Click here for specific requirements for
New Mexico LLC Foreign Qualification.
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