Form an LLC in New Mexico
Start a New Mexico LLC by filing Articles of Organization to the New Mexico Secretary of State for $52.
You can use our free tool to fill out the paperwork right here yourself. Or hire Northwest to do it for you and we’ll provide one year of registered agent service and a free Business Identity—all for $39.
Para nuestros clientes dueños de negocio de habla hispana, tenemos representantes listos para ayudarles a comprender los formularios estatales y resolver sus preguntas, puede llamarnos al (509) 267-1307.
How to Start an LLC in New Mexico
A Limited Liability Company (LLC) is a permanent public record. Starting one requires sharing personal information with the government, banks, landlords, vendors, and of course, customers. We provide a Free Business Identity to anyone who needs it—that’s a domain name, website, phone line, email address, and Brand Protection on day one. This helps protect your privacy and keep you in control of your intellectual property.
1. Name Your LLC
First things first: Your LLC needs a name. New Mexico requires your LLC name be different from any business names registered or reserved in New Mexico. But your name should also work from a marketing standpoint, not just a legal one. Here’s some tips to accomplish both:
- First, perform a New Mexico business name search to see if your preferred name is taken or available.
- Then search available domain names and look for one that matches or complements the LLC name you want.
- You can trademark your name in the state by filling out a trademark application and paying a minimum fee of $50.
- If you want to check your name against the list of federal trademarks, look it up on the U.S. Patent and Trademark Office database.
Another note: Be sure to include an indicator like LLC, L.L.C., LC, limited liability company, or limited company
You aren’t able to register a DBA in New Mexico, but you can list any DBAs you’re using on your Articles of Organization or business license. When you do, the state will include your DBA in a searchable database. That said, listing your DBA in the state’s database doesn’t legally prevent anyone else from copying it, since DBAs aren’t regulated by the state. But it may discourage other businesses from doing so to avoid confusing customers.
You can trademark your business name to prevent other businesses in the state from using it. To trademark your name in New Mexico, you’ll need to submit a Trademark Application to the NM Secretary of State. You’ll also need to include three specimens showing that you’re using the name (such as business cards, brochures, letterhead, etc.) and pay a minimum of $50.
Yes. If you have a business name but you’re not ready to pull the trigger on forming an LLC, you can reserve the name in New Mexico for up to 120 days. This will protect your name from being used by another company. You’ll just need to file the Application for Name Reservation and pay the $20 filing fee.
2. Register Your Domain Name
Your domain name helps you launch a website, build social media profiles, set up email communications, and more.
When you’re picking a domain name, consider a few things:
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Does your domain work well with your business name?
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Is your domain easy to remember and spell?
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Is your domain available wherever else you want it, like social platforms, trademarks, or business name registries?
When you form an LLC with Northwest, we’ll help you register a domain for free. With 25 years of experience supporting business owners in all 50 states, we’ve built our services to grow with your business.
3. Appoint a New Mexico Registered Agent
All LLCs are required to designate a registered agent. Registered agents accept important legal and state mail on your behalf. You must also list your registered agent’s information on your Articles of Organization.
To qualify, a New Mexico registered agent must:
- Maintain a physical address in New Mexico
- Be present during regular business hours
- Agree to accept and quickly forward your legal and state mail
The registered agent you use is a key part of your business identity. Your business identity is the way you present your business to the world, including potential customers and clients. Our Registered Agent Service can help strengthen that identity from the start!
See why over 1,000 clients have given Northwest Registered Agent 5-star reviews.
4. Submit NM LLC Articles of Organization
Once you’re ready to start your LLC, you can submit your Articles of Organization to the Secretary of State. New Mexico only accepts formation paperwork electronically via its e-file system. You’ll need to pay a $52 filing fee.
Yes, you can amend New Mexico Articles of Organization by filing Articles of Amendment with the Secretary of State. There is a $52 filing fee.
To complete your Articles, you must provide this information:
- Company name: Include some version of limited liability company/LLC
- Effective date: You can delay the date your LLC starts for up to 60 days (optional)
- Duration: Add a future end date for your LLC or choose Perpetual for it to last indefinitely
- Purpose: Must be specific (optional)
- Registered agent and office: The person or company designated to accept legal mail on behalf of your LLC
- Email address: New Mexico’s Secretary of State will use what you list here to contact your business.
- Principal business address. Only needed if different from your registered agent address
- Secondary address and mailing address: Optional
- Manager information: Optional, but if you decide to add it later, you’ll have to pay $50 to file an amendment or restatement. Select the option for Same as Principal Place of Business to skip adding manager addresses.
- Member information: Optional, but the bank may require you to list at least one member. Select the option for Same as Principal Place of Business to skip adding member addresses.
- Organizer: Person who signs and submits your Articles of Organization. If you hire us, we sign here.
Note: Remember, information submitted on Articles of Organization paperwork becomes part of the public record!
In a member-managed LLC, members (owners) are tasked with handling day-to-day operations, like hiring and firing employees, entering into contracts, and managing the bank account. In a manager-managed LLC, members appoint or hire a manager to run the LLC.
For help with deciding which management structure will work for you, see our page on LLC Member Vs Manager.
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5. Create an LLC Operating Agreement
Your operating agreement is a how-to guide for running the business. It outlines rules for everyday decisions (like how membership transfers get handled) as well as events that generally only happen once (like the dissolution of the business).
Northwest offers free, attorney-drafted New Mexico operating agreement templates you can use if you aren’t sure where to start, though it’s also a good idea to consult with your own attorney before you finalize the agreement.
You can customize your operating agreement to meet your LLC’s unique needs, but there are some topics that should be covered no matter what:
- Initial investments
- Profits, losses, and distributions
- Voting rights, decision-making powers, and management
- Transfer of membership interest
- Dissolving the business
Aside from that, you can include whatever you wish as long as it doesn’t violate either your Articles of Organization or New Mexico state law.
No, there are no laws on the books requiring an LLC to adopt an operating agreement in New Mexico. That said, an operating agreement is vital—without it, your LLC is automatically governed by New Mexico’s default LLC statutes. Having a legally sound operating agreement may even help you in resolving disputes or court cases.
6. Get an EIN
An EIN (short for Employer Identification Number) is a bit like a Social Security number for your business. The IRS uses this number to identify your business when you file taxes. You can get an EIN by going through the IRS website, or by mailing in a paper form.
If you feel like doing it yourself, you can learn how to get an EIN for your LLC. If you’d rather not deal with the hassle, you can hire us to do it for you.
New Mexico LLC FAQs
It costs $52 to file Articles of Organization and start an LLC in New Mexico, which is a base $50 plus an additional $2 transaction fee for all online filings.
Learn more about New Mexico LLC costs.
Once received by New Mexico’s Business Services Division, your Articles of Organization will be processed in about two weeks.
While many states and territories allow series LLCs, New Mexico does not recognize it as a valid formation for LLCs in the state.
No, unlike most states, New Mexico does not require an annual or biennial report for LLCs.
The procedures for transferring ownership of an LLC should be detailed in your operating agreement. It should include information on partial sales, which is when one member sells their membership interests, as well as complete sales, which is when the entire business is sold.
You can dissolve your New Mexico LLC by filing Articles of Dissolution with the Secretary of State and paying $27.
New Mexico LLCs are taxed as pass-through entities by default. The owners of single-member LLCs are taxed as sole proprietors (aka “disregarded entities”) and multi-member LLC owners are taxed as partnerships. This means that the profits and losses pass through the LLC to the owners, who report the income on their individual tax returns.
Multi-member LLCs also need to file IRS Form 1065, US Return of Partnership Income.
Learn more about New Mexico LLC taxes.
*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.
