Get an Operating Agreement for your new LLC

Form your New Mexico LLC for free!

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STEP 1
CHECK NAME AVAILABILITY FOR YOUR NEW MEXICO LLC

Generally, a limited liability company ("LLC") in New Mexico may use any permissible name that is not the same as or deceptively similar to existing corporations, partnerships, limited partnerships, or other LLCs. You may verify that the name you have selected for your new New Mexico LLC is available. There is no fee for this service.

New Mexico LLC Check Name Availability

STEP 2
FORM YOUR NEW MEXICO LLC

A New Mexico limited liability company is formed by filing a document called The Articles of Organization with the New Mexico Secretary of State.

The organizer(s) of a limited liability company shall file with the commission: (1) the signed original of the Articles of Organization, together with a duplicate copy which may be either signed or photocopied; (2) A Statement for the Acceptance of Appointment of the Registered Agent; and (3) $50 filing fee.

Please submit a signed original of the articles, together with a duplicate copy which may be either signed or photocopied; the duplicate copy and a Certificate of Organization will be returned for the company’s records). Payment of fees must be made by check or money order, made payable to the “New Mexico Public Regulation Commission” (NMPRC). The NMPRC does not accept cash payment for any fees.

Mail to:

Public Regulation Commission
Corporations Bureau
Chartered Documents Division
P.O. Box 1269
Santa Fe, New Mexico 87504-1269

To complete The Articles of Organization and you must include:

A. Articles of Organization

The name of the LLC. The name must include the words limited liability company, LLC or L.L.C. at the end of the entity name.
The duration of the LLC. If there is no duration (perpetual) please ignore.
The name and address of the registered agent. You may not use a PO Box. A registered agent must be an individual residing in the state, a domestic corporation or a foreign corporation authorized to do business in the state. The registered office is typically the business office of the registered agent. It need not be the same office of the LLC’s business office. If you or one of the members of the LLC has an address in the state you may use that address for register agent purposes.
The LLC’s principal place of business.
Whether the LLC will be managed by a manager. A member managed LLC means that every member has authority to act on behalf of the business. If the LLC will have only one owner, typically the LLC will be member managed. With a manager managed LLC, the members, by virtue of being members, do not have authority to manage and operate the business of the limited liability company. Instead, the members elect “managers” and it is the managers who have this authority. A manager managed LLC can either be managed by one or more members or by appointed non-members. A manager managed LLC is typically the structure of choice for multi-member LLCs for a number of reasons. With no management structure, multiple owners acting on behalf of the LLC by signing checks or contracts could lead to potential problems for the LLC and its members. In addition, where one or more members are “passive members (not actively engaged in management) using a manager managed structure is useful in order to create a layer between the members and managers. It is important that a manager managed LLC have a well drafted LLC Operating Agreement that sets out the rules and procedures for the managers to follow when managing the LLC.
Whether the LLC will be a single member LLC.
The signature of the organizer: The organizer(s) must sign the Articles of Organization. The organizer is generally not required to be a member of the LLC.

B. Statement of Acceptance of Appointment by Designated Initial Registered Agent

Line one: Enter the printed name of the individual designated as registered agent, or, if a corporation, limited liability company or partnership is the registered agent, the name of the authorized person who is signing for that entity. Filing LLC cannot be its own registered agent.
Line two, enter the complete name of the LLC, exactly as it is stated in article one of the Articles of Organization. If the registered agent named in the articles is an individual, that individual must sign the statement on the first signature line only. If the registered agent named in the articles is an entity, only the next signature block must be used. The name of the entity being appointed as registered agent must be entered, and an authorized person of that entity must sign on the “By___” line.

STEP 3
GET A CUSTOMIZED NEW MEXICO OPERATING AGREEMENT

It is extremely important that every New Mexico LLC has an LLC Operating Agreement. The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC, as well as governs the relationship amongst the members of the LLC.

STEP 4
GET AN EIN FOR YOUR NEW LLC

An Employer Identification Number (EIN) is also referred to as a Federal Tax Identification Number. The EIN is generally used to identify a business entity. In general, every business requires an EIN.

Receive your entity's EIN for FREE in minutes