New Mexico Foreign LLC Registration Guide
Ready to expand your business into the Land of Enchantment? Registering a foreign LLC in New Mexico might seem daunting, but we’re here to help!
This guide breaks down the steps in a simple, straightforward way so you can focus on growing your business.
Key Highlights: New Mexico Foreign LLC Formation
A New Mexico Foreign LLC is an LLC formed outside the state that registers to do business within New Mexico. To legally operate, it must submit an Application for Registration with the New Mexico Secretary of State and pay a $100 fee.
Although New Mexico’s legal statutes don’t define “doing business,” activities like selling products or services, paying employees, and owning or leasing property in the state typically qualify.
One of the smoothest ways to handle this process is by using a registered agent based in New Mexico. Northwest Registered Agent is the best choice among the options available.
New Mexico Foreign LLC Requirements
1. New Mexico Registered Agent
To start, your foreign LLC must appoint a New Mexico registered agent. This agent can be an individual or a registered agent service with a physical address in New Mexico.
The registered agent is responsible for receiving important legal documents and official correspondence on behalf of your LLC.
I suggest opting for a professional registered agent service. This choice helps maintain your privacy by keeping your address confidential and adds an extra layer of security for your business.
2. Certificate of Good Standing
Next, you’ll need to obtain a Certificate of Good Standing (or a similar document, like a Certificate of Existence) from the state where your LLC was originally formed. This certificate verifies that your LLC complies with its home state’s regulations and is authorized to do business.
You’ll need this document to complete your registration in New Mexico.
3. Application for Registration
The core of the registration process involves submitting an Application for Registration to the Secretary of State of New Mexico.
This application requires detailed information about your LLC, including:
- The legal name of your LLC
- Home state of your LLC
- Name of your New Mexico registered agent
- Address of your New Mexico registered agent
Ensure all information is accurate and complete to avoid delays in the approval process.
You can file by mail or in person at the following address:
New Mexico Secretary of State
Business Services Division
325 Don Gaspar, Suite 300
Santa Fe, NM 87501
How to Form a Foreign LLC in New Mexico State
Step 1. Selecting Your Business Name (new or existing)
Begin by checking if your LLC’s name is available in New Mexico. You can do this by searching the New Mexico business name database here.
If your LLC’s name is already in use, you must choose a different name for your New Mexico registration. This step ensures your business name is unique and complies with New Mexico’s naming rules.
Step 2. Appointing a New Mexico Registered Agent (I use Northwest)
Next, you must appoint a registered agent with a physical address in New Mexico. This agent will receive legal documents and official correspondence on behalf of your LLC.
You can choose an individual or a professional registered agent service for this role. A reliable registered agent helps you stay compliant with legal requirements and avoid missing important documents.
Northwest Registered Agent is my go-to choice—a reliable and trustworthy registered agent service that can assist me with forming my LLC.
See why Northwest Registered Agent is my top choice in my detailed review and journey.
Step 3: Obtain a Certificate of Good Standing
You’ll need a Certificate of Good Standing from your LLC’s home state. This document, also known as a Certificate of Existence, confirms that your LLC is in good standing and complies with its home state’s regulations. Contact the appropriate state agency to request this certificate, as it is required to complete your registration in New Mexico.
It is important to remember that New Mexico will not accept any certificates that are older than 30 days.
Step 4: Complete the Application for Registration
Fill out the New Mexico Foreign Limited Liability Company Application for Registration here.
In this form, you’ll provide essential details about your LLC, including:
- The LLC’s legal name
- The name your LLC will use in New Mexico, if different
- The state where your LLC was originally formed
- The date your LLC was formed
- The business purpose of your LLC
- The principal address of your LLC in its home state
- The names and addresses of each manager or managing member
- The name and address of your New Mexico registered agent
- The name, title, and signature of an authorized person from your LLC, along with the date signed
- The signature of the registered agent
Ensure all information is accurate and complete to avoid delays in the approval process. It costs $100 to file your Application for Registration with the New Mexico Secretary of State.
Step 6: Find Foreign Registration Documents Online
Finally, visit the New Mexico Secretary of State’s website to access and download any additional documents related to foreign LLC registration. These documents can provide further details and requirements for maintaining your LLC’s registration in New Mexico.
How long does this take?
New Mexico will process your foreign LLC Application for Registration in about 30 days.
Registration Fee – How Much Does a Foreign LLC in New Mexico Cost?
When registering a foreign LLC in New Mexico, you must pay a registration fee to complete the process. Here’s a detailed breakdown:
Registration Fee
The cost to register a foreign LLC in New Mexico is $100. This fee is required to file your Application for Registration with the New Mexico Secretary of State.
Payment Method
You can typically pay the fee by check, credit card, or other methods accepted by the Secretary of State. Check the latest payment options on the Secretary of State’s website or contact their office for current payment methods.
Additional Costs
In addition to the registration fee, you may incur other costs, such as:
- Registered Agent Fees: If you hire a professional registered agent service, there will be additional costs for their services. This fee varies depending on the provider you choose.
- Certificate of Good Standing: Some states charge a fee for issuing a Certificate of Good Standing, which you’ll need to provide as part of your registration process. Check with your home state’s business registration office for this cost.
- Annual Report Fees: After registering your LLC, you must file annual reports to maintain good standing. These reports may be charged a fee, so be sure to budget for these ongoing costs.
By understanding these fees and budgeting accordingly, you can ensure a smooth registration process for your foreign LLC in New Mexico.
When you apply to register your LLC in New Mexico, you must appoint a registered agent with a physical address in New Mexico to handle legal documents. A registered agent service typically costs between $200 and $1,000. However, my preferred registered agent provides these services for under $100. Click here for more details.
Do foreign LLCs need to file Articles of Organization?
Foreign LLCs do not need to file Articles of Organization in the state where they register to do business. Instead, they must file an “Application for Registration” or a similar document, which allows them to operate legally in the new state. This application generally requires details about the LLC, such as its name, home state, and registered agent in the new state, rather than creating the LLC itself.
How are Foreign Entity LLCs in New Mexico taxed?
In New Mexico, foreign LLCs are taxed like domestic LLCs:
- Pass-Through Taxation: By default, LLCs are taxed as pass-through entities. This means the LLC doesn’t pay taxes; profits pass through to members and are reported on their tax returns.
- Franchise Tax: If your LLC opts to be taxed as a corporation, you must pay New Mexico’s Franchise Tax based on the corporation’s income.
- Gross Receipts Tax: If you’re a marketplace seller with over $100,000 in New Mexico, you must pay the Gross Receipts Tax, which applies to sales made in the state.
Understanding these taxes helps ensure your foreign LLC complies with New Mexico’s requirements.
Related: Guide to Forming New Mexico Non-resident LLC
FAQs on New Mexico Foreign LLC Registration
Can I Be My Registered Agent for My New Mexico LLC?
Yes, you can be your own registered agent for your New Mexico LLC if you have a physical address in New Mexico. The registered agent must be available during business hours to receive legal documents.
Why Hire a New Mexico-Registered Agent Service?
Hiring a professional registered agent service ensures your address remains private and provides reliable document handling. They are always available during business hours to receive important legal documents and forward them to you, helping you comply with New Mexico regulations.
How Can I Withdraw My New Mexico Foreign LLC?
To withdraw your New Mexico foreign LLC, file an “Application for Withdrawal” with the New Mexico Secretary of State. This form formally ends your LLC’s authority to conduct business in New Mexico. Make sure all taxes and fees are paid before you withdraw.
Is a Physical Presence Required in New Mexico to Form an LLC as a Foreigner?
No, a physical presence in New Mexico is not required to form an LLC as a foreign entity. However, you must appoint a registered agent with a physical address in New Mexico to handle legal documents and correspondence on your behalf.
How Do I Amend a Foreign LLC in New Mexico?
To amend your foreign LLC in New Mexico, file an “Application for Certificate of Amendment” with the New Mexico Secretary of State. This form allows you to update or change information about your LLC, such as the business name or registered agent.
What Does It Mean to Do Business in New Mexico?
“Doing business” in New Mexico generally means engaging in activities such as selling goods or services, having employees, or owning property in the state. If your foreign LLC performs these activities, it is considered doing business and must register with the state.
Does a Foreign LLC Have to File an Annual Report in New Mexico?
No. New Mexico LLCs are not required to file annual reports with the Secretary of State.
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