When choosing an LLC name, consider the following:

• Availability: Check New Mexico's business name database for uniqueness.

• Legal Requirements: Comply with New Mexico laws, use appropriate designators.

• Restricted Terms: Watch for restrictions on terms like "bank" or "university."

• Avoid Misleading Names: Ensure the name doesn't imply false activities.

• Trademark Check: Search for conflicts using the USPTO database.

 

You may want to consult with a legal professional or business advisor to ensure compliance and to address any specific concerns related to your chosen name.

​​

 

​

Step 2: Appoint a Registered Agent

Designate a registered agent who will receive legal and official documents on behalf of your LLC in New Mexico. A registered agent is an individual or business entity designated to receive legal and official documents on behalf of your LLC. This includes important mail, such as tax forms, legal notices, and service of process (lawsuits).

 

The registered agent must have a physical address in the state and be available during business hours.

 

The cost of a registered agent for 12 months varies depending on the service provider and the state in which your LLC is formed. Typically, the cost ranges from \$125 to \$200 per year.

 

​

Ways to find a registered agent:

Search online: There are many websites that list registered agents in your state. You can search by location, price, and other factors.

 

Contact the Secretary of State: The Secretary of State may have a list of registered agents that you can contact.

 

֍ AI Recommendation: GET a Free Resident agent for 1 year included with the all-inclusive company formation package from ChatNRA

 

​

​

Step 3: USA Mailing Address

When forming an LLC, you are required to provide:

1. Registered agent address - where legal and official documents will be served to your LLC, and

2. Mailing address (business address) - The mailing / business address is the location where your LLC conducts its operations and receive all other mail items.

​

The business address can be a physical address or a mailing address, such as a P.O. Box or a virtual office address.

​

GET a FREE U.S. mailing address for 1 year  with ChatNRA Pack

 

​

​

Step 4: File Articles of Organization

Prepare and file the Articles of Organization with the New Mexico Secretary of State. Your Articles of Organization are the legal documents that create your LLC. The articles require the following information:

 

​

ARTICLES OF ORGANIZATION

of

[Your LLC Name]

​

• LLC name and address

• Registered agent's name and address

• Duration of the LLC (usually perpetual unless stated otherwise)

• Names and addresses of the LLC's members or managers

• Signature of the organizer

​​

 

​

​

Filing Fee

The filing fee for the Articles of Organization is $50.

This fee may be subject to change, so it's important to verify the current fee at the time of your LLC formation.

 

You can submit the filing fee along with the completed Articles of Organization form to the New Mexico Secretary of State. Payment methods accepted typically include credit/debit cards, checks, or money orders.

 

​

​

Confirmation of Filing

After you file the Articles of Organization for your LLC, several things typically occur:

 

1. Confirmation of Filing: Once your Articles of Organization are received and processed by the New Mexico Secretary of State's office, you will receive a confirmation that your LLC's formation documents have been filed. This confirmation serves as proof that your LLC is officially recognized by the state.
    

2. Certificate of Organization: After the filing is approved, you will receive a Certificate of Organization from the New Mexico Secretary of State. This certificate acts as legal documentation and verifies the existence of your LLC. It includes important details such as the LLC's name, date of formation, and the filing number.

​

​

​

Your LLC is created.

 

1. Legal Recognition: With the filing of the Articles of Organization and receipt of the Certificate of Organization, your LLC becomes legally recognized as a separate business entity.
    

2. Limited Liability Protection: As a result of forming an LLC, the primary benefit is limited liability protection. This means that the owners/members of the LLC are not personally liable for the company's debts.
    

3. Taxation: By default, a single-member LLC is considered a disregarded entity for tax purposes, meaning the LLC's income and expenses are reported on the owner's personal tax return. if the LLC has multiple members, it is treated as a partnership. Alternatively, you can elect to have your LLC taxed as a corporation by filing Form 8832 with the IRS.

 

 

​

Step 6: LLC Operating Agreement

An LLC Operating Agreement is a legal document that outlines the ownership structure, management, and operational guidelines of a limited liability company (LLC).

 

While not required by law in many states, having an Operating Agreement is highly recommended for several reasons:
 

1. Clarifies ownership, capital contributions, profit distribution, and member roles.

2. Establishes decision-making procedures and governance rules.

3. Preserves limited liability protection by separating personal and business assets.

​

​

​

Step 6: Preparing an operating agreement for your LLC

 

1. Research State Requirements: Review the specific requirements and guidelines for operating agreements.
 

2. Outline Key Sections: Identify the sections you want to include in your operating agreement. Some common sections are:

• Introduction: Include the LLC's name, purpose, and principal place of business.

• Ownership: Percentage ownership of each member, and how new members can be admitted.

• Management: Describe how the LLC will be managed, whether by members (member-managed) or designated managers (manager-managed).

• Voting Rights: Outline voting rights and decision-making processes for major company decisions.

• Profit Distribution: Determine how profits and losses will be allocated among the members.

• Capital Contributions: Specify the initial and ongoing financial contributions of the members.

• Dissolution: Address the process for dissolving the LLC if needed.

• Dispute Resolution: Include provisions for resolving disputes among members.

• Amendments: Outline the process for amending or updating the operating agreement.

 

3. Draft the Operating Agreement: Using the information gathered, and the sections identified above.
 

4. Review and Finalize: Once finalized, ensure that all members of the LLC review and agree to the operating agreement.
 

5. Execution: Each member should sign the operating agreement to acknowledge their acceptance of its terms.
 

Remember, while it's possible to prepare an LLC operating agreement by yourself, it is generally recommended to seek professional legal assistance.

​

Seeking a professional help to start your LLC in New Mexico?

Try now → ChatNRA Pack