Learn About New Mexico Registered Agents
Your NM LLC must assign a New Mexico Registered Agent. This is a formally recognized person or business who can receive business correspondence and other documents from the New Mexico Secretary of State. Assigning a Registered Agent is a legal requirement.
Your LLC must have a Registered Agent at all times. You can appoint a Registered Agent when you first start your business. You can also replace your existing NM Registered Agent at a later date, provided there is a smooth transition between the old and new Registered Agent service.
Rules for Registered Agents in New Mexico
There are certain rules that you must follow when you’re appointing a New Mexico Registered Agent service for your business. They are:
- If the Registered Agent is a person, they must reside in New Mexico.
- If the Registered Agent is a business, they must be able to conduct business in New Mexico.
- The Registered Agent must have a physical street address in New Mexico, not a P.O. Box.
- The Registered Agent must be available in person during normal business hours to sign for any correspondence.
Note that the Registered Agent address does not need to be the same as your New Mexico LLC business address.
What to Expect from a New Mexico Registered Agent
Your New Mexico Registered Agent carries out several valuable services for your business. They accept official communications and documents from the NM Secretary of State on your behalf. This may include:
- Correspondence from the New Mexico Secretary of State, like a notice to file reports and other forms
- Service of process documents (for example, if your New Mexico LLC has legal proceedings issued against it)
- Official New Mexico and federal government documents, form filings and requests for information (including taxes, permits and company filings)
The Incfile Registered Agent Service for New Mexico LLCs
Incfile provides a complete Registered Agent service for any LLC that’s incorporated in New Mexico. Even better, your Registered Agent is completely free for the first year and only $119 a year after that.
Incfile is authorized to conduct business in New Mexico and can legally act as your Registered Agent. Here’s what the service includes:
- An always-available New Mexico Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf
- A digital dashboard where you can access, store and retrieve any information we’ve received for your business
- An email notification whenever we receive documents for your business
- Automatic forwarding of all legal correspondence, documentation and information directly to you
- A free (+ state fee) first year, whether you form your business through us or not ($119 a year after)
Appointing a New Mexico Registered Agent
You can appoint a Registered Agent when you first incorporate your New Mexico LLC or at any point after that. Here’s how to go about it.
Appoint a Registered Agent Service When You Create Your New Mexico LLC
Your business needs to have a New Mexico Registered Agent Service as soon as it’s formed. You can achieve this through one of the following methods.
File Articles of Organization with the New Mexico Secretary of State
You will need to include details of your Registered Agent in your Certificate of Formation. This is the form that you file with the New Mexico Secretary of State to formally create your business.
Incorporate Through Incfile and Get a Free Registered Agent
When you incorporate through us, we complete and file your Articles of Organization based on the information you’ve provided. Additionally, we give you a free New Mexico Registered Agent service for the first year, and we’ll include details on your Registered Agent in the form that we file with the state.
Incorporate Your Business Through Incfile.Change Your Registered Agent After Your LLC Is Formed
You can also change your Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.
File a Form with the New Mexico Secretary of State
Once you’ve chosen a new New Mexico Registered Agent, you can complete a form. Once you’ve filled it out, send it to the secretary of state so they can update your records. The New Mexico SOS may charge a nominal fee to assign or change a Registered Agent, and we do pass that fee on to you.
Have Incfile File the Change on Your Behalf
When you choose to use our New Mexico Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and send it to the New Mexico Secretary of State. We’ll let you know once we officially become your Registered Agent.
Order Incfile's New Mexico Registered Agent ServiceNew Mexico Registered Agent Searches
In some situations, you might want to know the name of the Registered Agent that represents another New Mexico LLC. If you do, you can search the business database of the New Mexico Secretary of State, which will often provide details of a specific business’s Registered Agent.
If the Registered Agent isn’t available from the searchable business registry, contact the New Mexico Secretary of State to request the information.
What Happens If You Don’t Have a Registered Agent in New Mexico?
What happens if you choose not to assign or provide details of a Registered Agent to the New Mexico Secretary of State? There are several possible ramifications, including:
- Getting served or sued and not finding out about it: If your LLC is sued and you don’t know about it, you could lose to a default judgment in your absence.
- Falling out of good standing with the New Mexico Secretary of State: If you don’t respond to certain correspondence (like the request for your annual report), certain states may revoke your right to do business.
- Losing your status as a New Mexico LLC: A Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
Acting as Your Own Registered Agent
If you have an address in New Mexico, you can choose to be the Registered Agent for your LLC. We don’t recommend this approach as there can be some drawbacks:
- The Registered Agent must have a physical street address in New Mexico. If you’re forming an LLC outside of NM, you will need to use an in-state Registered Agent. You always need to have someone on hand during business hours at the New Mexico address to sign for important documents.
- The Registered Agent’s name and address are part of the public record and available through the New Mexico Secretary of State's website. If you would prefer your name and address aren’t published, you should choose a Registered Agent service.
- If you change your New Mexico business address or move out of state, you need to file additional documentation with the NM Secretary of State for the new address if you act as your own Registered Agent. This would not be the case if you use a Registered Agent service, making a move or address change much simpler.
FAQs About New Mexico Registered Agents
Yes. All New Mexico LLCs are required to have a Registered Agent. This is mandated by the New Mexico Secretary of State.
You can either do it when you incorporate your New Mexico business through paperwork filed with the New Mexico Secretary of State or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.
Yes, but we don’t recommend it for the reasons listed above. If you still want to be your own Registered Agent, you need to fill in the correct forms and pay a fee to the New Mexico Secretary of State.
Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.
Useful Resources for New Mexico Registered Agent Services
You might find these resources helpful:
