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How To Resign As A Registered Agent In New Mexico

To resign as a registered agent in New Mexico, you must submit two copies of a written notice of resignation of registered agent and a Document Delivery Instruction Form to the New Mexico Secretary of State by mail, fax or in-person. The Secretary of State will then mail a copy of the notice to the company at its principal place of business.

There is no fee and no official form for the resignation of a New Mexico registered agent. Standard processing time for the resignation of a New Mexico registered agent is ten business days, but service can be expedited for additional fees.

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The Steps To Resign As A New Mexico Registered Agent:

  1. To resign, the New Mexico registered agent must mail, fax or deliver in-person two copies of a written statement of registered agent resignation to the New Mexico Secretary of State, Corporations Bureau. There is no fee and no official form to resign as a New Mexico registered agent. Make sure to include the Document Delivery Instruction form.
  2. Then, the New Mexico Secretary of State will mail a copy of the resignation to the company from which the agent resigns at their principal office address.

The New Mexico registered agent’s resignation becomes effective thirty days after the Secretary of State receives their notice of resignation or when a successor registered agent is appointed, whichever is earlier.

If the entity is not dissolving you’ll also need to change your New Mexico registered agent to appoint your new agent. Need a new agent? Check out our registered agent service.

Items To Include On The New Mexico Resignation Of Registered Agent

The following items must be on the New Mexico registered agent’s statement of resignation:

  1. Entity name and business ID number
  2. Name of registered agent
  3. Address of registered agent
  4. Address of the principal place of business
  5. Entity’s mailing address
  6. A statement that the registered agent resigns
  7. Date
  8. Name, title and signature of registered agent
  9. Make sure to include the Document Delivery Instruction Form, which must state:
    1. Entity name
    2. Mailing address
    3. Contact name
    4. Contact phone number
    5. Contact email
    6. Indicate how documents are to be delivered (pick up or mail to address above)
      1. When your document is ready for pick-up, the New Mexico Secretary of State will contact you, but documents will not be held more than five business days.
  10. Optionally include the Request for Expedited Filing of Charter Documents and payment for same-day ($150) or next-day ($100) processing. The expedite form must list:
    1. Entity name
    2. Name of contact person for this filing
    3. Contact email address
    4. Contact phone number
    5. Indicate whether same-day or next-day processing is requested

New Mexico Registered Agent Resignation FAQ

Must The Registered Agent Notify The Company Before Filing Resignation With New Mexico?

No. The New Mexico registered agent must submit two copies of their resignation to the Secretary of State, and then the state will mail a copy of the statement to the company.

Is There A Fee To Resign As A Registered Agent In New Mexico?

No. There is no fee to resign as a New Mexico registered agent.

Can The New Mexico Registered Agent File Their Resignation Online?

No. While annual reports may be filed online with the Secretary of State, the resignation of a New Mexico registered agent is not currently available for online submission.

How Long Does It Take The State To Process A Registered Agent Resignation In New Mexico?

The standard processing time for the resignation of a New Mexico registered agent is ten business days. Processing may be expedited for additional fees:

Same-day processing costs $150 and requires that the filing be submitted by 2:00pm; otherwise, it will be processed by the end of the next business day.
Next-day processing costs $100 and ensures that the filing is processed within two days.

Regular filing fees, which are not required for the resignation of a New Mexico registered agent, and expedite fees must be paid with separate checks or the documents will be rejected. Make payment by check (which may be converted to ACH e-check payment by the Secretary of State), money order, ACH debit transaction or credit card (VISA, MasterCard, Discover). Make checks payable to “New Mexico Secretary of State”.

When Does A Registered Agent’s Resignation Become Effective In New Mexico?

The New Mexico registered agent’s resignation becomes effective thirty days after the Secretary of State receives their notice of resignation or when a successor registered agent is appointed, whichever comes first.

What If The New Mexico Registered Agent Resigns While The Company Is Still Active?

Corporations and LLCs are required by New Mexico state law to maintain a registered agent during the life of the company. If a New Mexico company is without a registered agent for thirty days, the Secretary of State will notify the company that it is delinquent. If the company goes another sixty days without a registered agent from the date the notice of delinquency was sent, the company can be administratively dissolved. To change registered agents, the New Mexico company must file a Statement of Change of Registered Office or Registered Agent and include payment for the appropriate processing fee depending on entity type: $25 for-profit corporations and foreign business trusts, $20 LLCs, $10 non-profit corporations.

What’s The Simplest Way To Resign As A Registered Agent In New Mexico?

Start a FREE Northwest Registered Agent Account to access the forms or hire us to complete it for you. At Northwest Registered Agent, we offer a variety of services to lighten the load on your business and all filings are processed the same day you order.

Which New Mexico Agency Does The Registered Agent Send Their Resignation To?

Submit two copies of the New Mexico registered agent’s statement of resignation and a Document Delivery Instruction Form by mail, fax or in-person to:

Mail:

Office of the New Mexico Secretary of State
ATTN: Corporations Bureau
325 Don Gaspar Ave, Suite 300
Santa Fe, NM 87501

In-person:

New Mexico Secretary of State
State Capitol Annex North Building, 3rd floor
325 Don Gaspar Ave, Suite 300
Santa Fe, NM 87501

Corporations fax number:
505-827-4387

For inquiries call:
505-827-4508
800-477-3632

Email: sonm.corporations@state.nm.us

New Mexico Secretary of State Business Services website

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