logo

Articles of Organization LLC New Mexico

What Are New Mexico Articles of Organization?

The Articles of Organization in New Mexico, also known as the Certificate of Formation, are the foundational documents required to legally establish a Limited Liability Company (LLC) in the state. These documents serve as a formal declaration of the LLC's existence and outline essential details about the company, such as its name, management structure, and registered agent. The governing statutes for LLC formation in New Mexico can be found in the New Mexico Statutes Chapter 53, Article 19.

Are New Mexico Articles of Organization Required?

Yes, filing the Articles of Organization is mandatory for forming an LLC in New Mexico. According to Section 53-19-5 of the New Mexico Statutes, an LLC is not legally recognized until these documents are filed with the New Mexico Secretary of State. Failure to file the Articles of Organization means the LLC does not legally exist, and the business cannot operate under the LLC structure, which includes the benefits of limited liability protection.

Information Required in New Mexico Articles of Organization

Name Requirements

The name of the LLC must include the words "Limited Liability Company" or the abbreviations "LLC" or "L.L.C." as per Section 53-19-3 of the New Mexico Statutes. The name must be distinguishable from other registered entities in New Mexico. Certain words, such as "bank" or "university," may require additional approval from relevant state agencies. A name availability search can be conducted through the New Mexico Secretary of State's website.

New Mexico Registered Agent and Registered Office

Every LLC in New Mexico must designate a registered agent and a registered office. The registered agent can be an individual resident of New Mexico or a business entity authorized to do business in the state. The registered office must be a physical address in New Mexico, not a P.O. Box, as specified in Section 53-19-5. The registered agent must consent to their appointment.

Management Structure

The Articles of Organization must specify whether the LLC is member-managed or manager-managed. This choice affects the governance of the LLC and must be clearly stated in the formation documents. Details about the management structure are outlined in Section 53-19-16.

Organizer Information

An organizer is responsible for filing the Articles of Organization. There are no residency requirements for organizers in New Mexico, and only one organizer is required. The organizer's name and address must be included in the filing.

Purpose Statement

New Mexico allows for a general purpose statement, meaning the LLC can engage in any lawful business activity. However, if the LLC is formed for a specific purpose, it should be stated. Special considerations apply to professional LLCs, which may require additional documentation.

Certificate of Formation Effective Date

The effective date of the Articles of Organization can be immediate upon filing or delayed to a specified date within 90 days of filing, as per Section 53-19-5. During a delayed effective period, the LLC is not considered active.

How to File New Mexico Articles of Organization

Online

The New Mexico Secretary of State offers an online filing system called the Business Portal. This system is available 24/7, and filings are typically processed within 1-3 business days. Payment can be made via credit card, and a convenience fee may apply. The step-by-step process includes creating an account, completing the online form, and submitting payment.

Mail

To file by mail, send the completed Articles of Organization to:

New Mexico Secretary of State
Business Services Division
325 Don Gaspar, Suite 300
Santa Fe, NM 87501

Include one original and one copy of the form, along with a check payable to the "New Mexico Secretary of State." Processing time for mail filings is generally 5-7 business days.

New Mexico Articles of Organization Filing Fee

The filing fee for the Articles of Organization in New Mexico is $50. Additional fees may apply for expedited processing or credit card payments. The fee schedule can be found on the New Mexico Secretary of State's website.

What Happens After Filing New Mexico Articles of Organization?

Once the Articles of Organization are filed and approved, the LLC is legally recognized as a business entity in New Mexico. The Secretary of State will issue a Certificate of Organization as evidence of filing. The LLC must then obtain a Federal Employer Identification Number (EIN) from the IRS. Additionally, the LLC may need to register for state taxes with the New Mexico Taxation and Revenue Department. While an operating agreement is not required by law, it is recommended for outlining the management and operation of the LLC. New Mexico does not require annual reports for LLCs, but ongoing compliance with state regulations is necessary.

Common Mistakes When Filing New Mexico Articles of Organization

  1. Name Availability Issues: Failing to conduct a name search can result in rejection if the name is not distinguishable. Use the name availability search tool to avoid this error.
  2. Missing Required Information: Omitting essential details such as the registered agent's information can lead to rejection. Ensure all fields are completed.
  3. Incorrect Fees: Submitting the wrong filing fee will delay processing. Verify the current fee on the official fee schedule.
  4. Invalid Registered Agent: The registered agent must meet state requirements. Ensure the agent is a resident or authorized entity in New Mexico.
  5. Restricted Terms Without Approval: Using restricted words without proper approval can cause rejection. Check with relevant agencies if your LLC name includes such terms.
  6. Unsigned Documents: Ensure the Articles of Organization are signed by the organizer to avoid rejection.
  7. Wrong Forms for Professional Services: Professional LLCs may require additional forms. Verify requirements for your specific business type.
  8. Delayed Effective Date Errors: If choosing a delayed effective date, ensure it is within the 90-day limit to prevent invalidation.

Additional Resources

Terms Of Service Privacy Policy

© 2026 Avbot.org - All Rights Reserved.