Do I need a lawyer to Incorporate 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 Corporation.
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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 Corporation.
Our detailed Incorporation Information page may help you understand some
of the implications of forming a New Mexico Corporation.
However, if there is anything about Incorporating 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 both before you Incorporate in New Mexico.
Once you have made the decision to Incorporate 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 Corporation.
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Do I have to Reserve a Company Name before I Incorporate in New Mexico?
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You are not legally required to reserve a Company Name for a new New Mexico Corporation before you submit your application to Incorporate in
New Mexico.
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You are not legally required to reserve a Company Name for a new New Mexico Corporation before you submit your application to Incorporate in
New Mexico.
Whether or not you need to reserve a company name for your new New Mexico Corporation 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 Corporation Name I want is already taken?
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If the Name you have chosen for your new New Mexico Corporation is already in use by a currently active
New Mexico Corporation or LLC, and you still want to use that Corporation 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 Corporation is available before we submit
your Incorporation 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 Incorporate in New Mexico?
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8 things you have to do in order to Incorporate in New Mexico.
1. Choose a name for your New Mexico Corporation
2. Select an official address and a Registered Agent for your New Mexico Corporation
3. Choose a Board of Directors for your New Mexico Corporation
4. Decide who will be Officers for your New Mexico Corporation
5. Determine how you want your New Mexico Corporation to be taxed
6. File Articles of Incorporation with the New Mexico Secretary of State
7. Get a Federal Employer Identification Number (FEIN)
8. Issue Stock Certificates to the Initial Shareholders
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1. Choose a name for your New Mexico Corporation
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Your New Mexico Corporation 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 Corporation name that you choose must be distinguishable from the name of any other registered New Mexico Corporation or other
business entity and the name must also be different from any reserved names on record with the state of New Mexico.
Your New Mexico Corporation name must not imply that it was formed for a purpose other than that stated in your
Articles of Incorporation;
and your New Mexico Corporation name must not be a name that is likely to mislead the public.
The name of a New Mexico Corporation must include the word "Corporation" or
"Incorporated" or an abbreviation of one of these words.
It's important to choose a good name for your New Mexico Corporation because if you want to change it after you incorporate you
will have to file amended Articles of Incorporation with the New Mexico Secretary of State (and pay a fee).
We will:
- Check to make sure that your New Mexico Corporation name is available
- Make sure your New Mexico Corporation name conforms to state of New Mexico regulations
- Reserve your New Mexico Corporation 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 Corporation
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Every New Mexico Corporation 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
Corporation is called a "Registered Agent".
You may act as your own Registered Agent, however, many New Mexico Corporations 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 Corporation.
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3. Choose a Board of Directors for your New Mexico Corporation
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All New Mexico Corporations are required to have a Board of Directors.
Directors are the people who will set policies for your New Mexico Corporation and manage the business and its resources.
In the majority of small corporations directors are the owners.
The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors.
The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders.
One of the most important duties of the Board of Directors is electing Officers for your New Mexico Corporation.
The same person may be a Director and an Officer at the same time.
Directors need not be residents of the state of New Mexico or shareholders of the New Mexico Corporation unless the Articles of Incorporation
or Bylaws require it.
Normally Directors for your New Mexico Corporation are elected for a term of one year.
Elections are held at the annual meeting of Shareholders.
The Directors serve until the next annual Shareholders meeting.
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4. Decide who will be Officers for your New Mexico Corporation
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The Board of Directors elects Officers for your New Mexico Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.
Officers serve at the pleasure of the Board of Directors of the New Mexico Corporation.
Officers handle the day to day operation of the New Mexico Corporation.
Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a New Mexico Corporation
the same person may hold more than one Corporate Office at the same time.
However, there are certain legal affairs in which the same person cannot act in more than one capacity.
One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings
and for authenticating records for the New Mexico Corporation.
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5. Determine how you want your New Mexico Corporation to be taxed
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The New Mexico Corporate Income Tax Rate is variable depending on the annual net income of the New Mexico Corporation.
New Mexico Corporate Income Tax Rates vary from 4.8 to 7.6%.
You may form an S Corporation in New Mexico.
S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable
personal rate.
S Corporations do not pay any New Mexico Corporate Income Tax.
The Corporation Tax structure in the state of New Mexico consists of three tax brackets:
- 0- $500,000 - 4.8%
- $500,001 - $1,000,000 - 6.4%
- Over $1,000,000 - 7.6%
In addition, every New Mexico Corporation and every foreign Corporation transacting business in New Mexico must pay a Corporate Franchise Tax of $50.00.
Click here for more New Mexico Corporate Tax Information .
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- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your New Mexico Corporation and include it with
your Incorporation documents.
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6. File Articles of Incorporation with the New Mexico Secretary of State
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In order to form a Corporation in New Mexico you must file Articles of Incorporation with the New Mexico Secretary of State.
The Articles of Incorporation must include certain specific information about your New Mexico business. If the Articles do not conform exactly to state of New Mexico requirements they will be rejected.
You may subsequently amend the Articles of Incorporation for your New Mexico Corporation but you will have to pay a fee to the state of
New Mexico in order to make the changes official.
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7. 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 Corporation.
All New Mexico Corporations are required to have an FEIN.
- We can obtain an FEIN for your New Mexico Corporation.
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8. Issue Stock Certificates to the Initial Shareholders
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Corporate stock is evidence of ownership of a New Mexico Corporation.
When you form your New Mexico Corporation, you will need to determine what type of stock and the number of shares of each type that
you want to authorize.
You do not have to sell the number of shares that are authorized.
Many small New Mexico Corporations hold 100% of the shares.
Stockholders in a New Mexico Corporation are entitled to voting rights or dividends of the Corporate profits or both.
Whoever owns over 50% of the stock of the New Mexico Corporation is able to make all Corporate business decisions.
New Mexico Corporations usually hold at least 51% of the corporate stock in order to retain control of the New Mexico Corporation.
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What do I have to do after I form my New Mexico Corporation? |
6 things you have to do after you Incorporate in New Mexico.
1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
2. Open a Business Bank Account in New Mexico for your NM Corporation
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. Hold Meetings of Shareholders and Directors of each year.
5. File the required New Mexico Corporation reports
6. Keep proper records of your New Mexico Corporation on file
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1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
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The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.
Bylaws are the internal rules of your New Mexico Corporation.
They are adopted by the Board of Directors and vary widely from Corporation to Corporation.
Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and
Shareholders are to be conducted; what Officers the New Mexico Corporation will have and a description of each of their duties.
As your company grows over time, you may amend your bylaws as necessary.
Bylaws generally cannot be amended by the Board of Directors unilaterally.
A vote by the majority of Stockholders of the New Mexico Corporation is usually required to amend the Corporate Bylaws.
Bylaws may include any rules for managing the business and conducting corporate affairs.
Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or New Mexico law or
the New Mexico Corporation's Articles of Incorporation.
A copy of the Corporate Bylaws should be maintained at the Corporation's principal New Mexico office.
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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 Corporation.
Mixing personal and business funds can 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.
Specific requirements vary from bank to bank.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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- We can research and prepare the necessary forms for your required business licenses and permits and include
them in your New Mexico Incorporation package.
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Note that forming a New Mexico Corporation doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A New Mexico Corporation merely creates an ownership structure that limits the owners' 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 Corporation 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 Corporation 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 Corporation 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 Corporation 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.
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4. Hold Meetings of Shareholders and Directors of each year.
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Every New Mexico Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting
on file.
A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.
The minutes of each meetings must be open for inspection by any Shareholder or Director.
This meeting requirement is often overlooked and comes into play when the New Mexico Corporation is challenged for any reason.
Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your
New Mexico Corporation a lot of potential trouble.
- We can transcribe the minutes of any meeting of your New Mexico Corporation into a form that complies with all
state of New Mexico requirements.
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5. File the required New Mexico Corporation reports
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| A new NM Corporation must file an Initial Corporation Biennial Report with the New Mexico Secretary of State within 30 days of the date on which the NM Secretary of State approved the Articles of Incorporation of the New Mexico Corporation. | Every New Mexico Corporation must file a Biennial Report with the NM Secretary of State EVERY two years.
The New Mexico Corporation Biennial Report is due three and one-half months after the end of the NM Corporation's fiscal year, every two years.
For example, if a New Mexico Corporation was approved by the NM Secretary of State in 2014 and the NM Corporation fiscal year end was Dec 31, the New Mexico Corporation would be required to file NM Corporation Biennial Reports by March 15, 2016 and every two years thereafter. | If a New Mexico Corporation does not file its Biennial Report with the New Mexico Secretary of State by the due date, the NM Secretary of State will impose a $200 fine on the New Mexico Corporation.
If the New Mexico Corporation does not file its Biennial Report with the New Mexico Secretary of State within six months of the due date, the NM Secretary of State will administratively dissolve the New Mexico Corporation. |
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We can fill out and file your Initial Biennial Report with the New Mexico Secretary of State and include confirmation of filing
with your Corporation documents.
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We can fill out and file any Biennial Report with the New Mexico Secretary of State after your New Mexico Business gets going.
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6. Keep proper records of your New Mexico Corporation on file
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Keep the following records on file and available at the principal business office of your New Mexico Corporation:
- Names and addresses of all Directors and Officers of the New Mexico Corporation
- Articles of Incorporation for the New Mexico Corporation and any Amendments to them
- Corporate Bylaws for the New Mexico Corporation and any Amendments to them
- List of current shareholders of the New Mexico Corporation.
If shareholders change, keep a record of old shareholders and how stock was transferred.
- Minutes of all Meetings of Shareholders and Directors
- Copies of any Corporate Resolutions which have been adopted by the New Mexico Corporation
- Copies of all tax returns and Annual Reports for the New Mexico Corporation for the last 3 years
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What information do I need in order to Incorporate in New Mexico? |
In order to Incorporate in New Mexico you'll need certain specific information about your new Company
including the Corporation name and address; and Registered Agent information.
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In order to Incorporate in New Mexico you'll need the following information about your new Company:
- The name of your new New Mexico Corporation along with your second choice of a name in case the name that you want is not available
- Physical addess of the Corporation 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 the New Mexico Corporation
- Names and addresses of the initial Directors of the New Mexico Corporation
- The number of shares of stock that the New Mexico Corporation will be authorized to issue
Remember - ALL the information that you provide when you Incorporate 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 new Corporation in New Mexico.
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How long does it take to Incorporate in New Mexico? |
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Processing times for new New Mexico Corporation 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 Incorporation 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 Corporation application.
We get your New Mexico Corporation application to the NM Secretary of State ASAP.
Once it is at the state we have no control over the new New Mexico Corporation application process.
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Are there any Expedited Processing Options for new NM Corporation Filings?
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| The New Mexico Secretary of State offers two expedited processing options for New Mexico Corporation filings. For an additional $100 the Secretary of State will process your application for a new NM Corporation within 2 business days. For $150 the Secretary of State will process your application for a New Mexico Corporation on the same day for filings received before 2PM New Mexico time. |
How much does it cost to Incorporate in New Mexico? |
The state of New Mexico charges $135.00 to Incorporate in NM.
This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the NM Secretary of State.
If you choose All Business Documemnts to help you Incorporate in New Mexico our processing fees are $125.00.
We start processing your new New Mexico Corporation order as soon as we get it.
Total cost includes:
- NM Name Check and Reservation
- Prepare Articles of Incorporation
- File Articles of Incorporation with the New Mexico Secretary of State
- Certified Copies of Articles
- New Mexico Corporation Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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What is a New Mexico Professional Corporation? |
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of New Mexico then you will
most likely need to form a New Mexico Professional Corporation.
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of New Mexico then you will
most likely need to form a New Mexico Professional Corporation.
Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional
Corporation with the New Mexico Secretary of State.
Depending on exactly what it is that you want to do in New Mexico, approval from a specific New Mexico state agency or board may be required before the NM Secretary of State will approve a new
New Mexico Professional Corporation filing.
This could add to the total processing time for a new New Mexico Corporation.
Click here for more information on a
New Mexico Professional Corporation.
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New Mexico Foreign Corporation Qualification |
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You want to do business in the state of New Mexico but are registered as a Domestic Corporation 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 Corporation 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 Corporation.
The process of registering as a Foreign Corporation in the state of New Mexico is called New Mexico Corporation Foreign Qualification.
The process of New Mexico Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of New Mexico.
Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your New Mexico Foreign Corporation.
The Board of Directors and Officers of your Domestic Corporation have the same roles in the New Mexico Foreign Corporation.
Click here for specific requirements for
New Mexico Corporation Foreign Qualification.
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