How to Change LLC Address in New Mexico | A Step-by-Step Guide


Steve Bennett
Steve Bennett
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Change LLC Address in New Mexico

When you form a Limited Liability Company (LLC) in New Mexico, you are required to provide a registered office address. This address is the official location where legal documents, such as the service of process, can be delivered. As your business grows, you may find it necessary to change your New Mexico LLC’s address for various reasons, such as moving to a larger space, expanding to multiple locations, or simply changing your Registered Agent.

Changing your New Mexico LLC address may seem daunting, but it can be simple and straightforward with the right information and guidance. In this article, Webinarcare Editorial Team will walk you through the necessary steps to change your New Mexico LLC’s address, ensuring that you remain compliant with New Mexico regulations.

What is a Limited Liability Company?

A Limited Liability Company (LLC) is a specific form of a private limited company that combines aspects of partnership and corporate structures. It is a legal form of a company that provides its owners with limited liability. This means the owners are not personally liable for the company’s debts and liabilities beyond their investments in the company.

When it comes to changing the registered address of the LLC, the responsibility typically falls on the managers or members of the LLC, depending on the company’s structure.

The process is often as follows:

  1. The LLC must approve the change of address. This may happen at a members’ or managers’ meeting.
  2. Once approved, the appropriate form or document to effect the change of address must be filed with the New Mexico Secretary of State.
  3. The filing often includes a small processing fee. After accepting the filing, New Mexico will update the public record with the new address.

In New Mexico, the change of registered address can also be related to the address of the LLC’s Registered Agent. A Registered Agent is a person or entity appointed by the LLC to receive legal papers and service of process on its behalf. This is another crucial role in the LLC that might be involved in the address change, especially if the Registered Agent’s address is used as the business’s official address.

It’s important to note that the specifics of this process can vary quite a bit depending on the New Mexico LLC’s operating agreement and the specific administrative rules and requirements of New Mexico in which the LLC is registered.

Before you change your LLC address, it is advised that you consult with a legal expert. They will be aware of what’s best for you and your business. You can always start an LLC in New Mexico, if you wish to protect your personal assets from business debts.

WEBINARCARE EDITORIAL TEAM

Reasons to Change New Mexico LLC Address

Changing the address of an LLC in New Mexico can be prompted by several reasons, each distinctive to the business’s circumstances and goals. Here are several common reasons:

  1. Relocation of Business: The main reason for changing an LLC address is the relocation of the business. This could be related to business expansion, more space, or moving to a more convenient location.
  2. Convenience or Strategy: Sometimes, an LLC might change its primary address for convenience or strategic reasons. For instance, the business might move closer to its customer base or an area with favorable economic benefits.
  3. Legal Requirements: If an LLC’s legal or Registered Agent changes its address, the company must also change its registered address since the Registered Agent’s location is where all legal correspondences are sent.
  4. Rental Issues: If the tenant agreement — such as a lease — expires or faces problems, it might compel an LLC to change addresses. Landlord disputes can also lead to a change of address.
  5. Management Changes: If the management or owner of the business changes and the old address is no longer feasible or relevant for the new management, a change of address becomes necessary.
  6. Privacy Concerns: Some LLC owners change their addresses for privacy reasons to separate their personal lives from their business activities.
  7. Cost Reduction: Sometimes, a business may change its address to move to a less expensive area to cut costs.
  8. Disaster Recovery: In the unfortunate event of a natural disaster or other unforeseen circumstances, such as a fire outbreak or civil disturbance, changing the LLC’s address might be necessary.
  9. Image and Branding: The business address can sometimes be part of the company image, particularly if the business is in an industry where location matters. An LLC may change addresses in such cases as part of a rebranding effort.

Remember, if your business operates as an LLC in New Mexico, it’s important to update the New Mexico Secretary of State or other relevant state agency whenever you change your business address. It helps to keep your business in good standing and to ensure that all official documents, notifications, and legal correspondences reach you or your Registered Agent.

How to Change New Mexico LLC Address

To change your New Mexico LLC address, you must follow the guidelines that include determining whether you need to change your LLC’s address, update your registered office address, update your principal place of business address, notify the IRS, and inform other relevant parties due to the amendment of your LLC address. 

Step 1: Determine If You Need to Change Your LLC’s Address

Before you begin the process of changing your New Mexico LLC’s address, it’s essential to determine whether a change is indeed necessary. In New Mexico, there are two primary addresses associated with your LLC:

Registered Office Address

This is the official address where legal documents and official correspondence will be delivered. If you are starting a business in New Mexico or changing your Registered Agent, you will need to update this address. Changing your Registered Agent is one of the reasons why you need to change your New Mexico LLC address because a Registered Agent should have a primary address in the state your LLC is registered. 

An example is having a Foreign LLC in New Mexico; a Registered Agent should have the same address as your registered Foreign LLC.

Principal Place of Business Address

This is where your New Mexico business operates. If you are moving your business, expanding to multiple locations, or changing your business structure, you must update this address. 

In some cases, you may need to update both addresses. Be sure to evaluate your specific situation to determine which addresses need to be updated.

Step 2: Update Your Registered Office Address

If you need to change your registered office address in New Mexico, you will likely need to file an address change form with the New Mexico Secretary of State. Below is an outline of the steps:

Obtain the Appropriate Form

Visit the New Mexico Secretary of State‘s website to download the necessary form for changing your New Mexico registered office address. This form may be called “New Mexico Statement of Change of Registered Office” or something similar.

For you to update the registered office address, you need to have the following;

1. Your New Mexico LLC must obtain a Certificate of Good Standing from the New Mexico Secretary of State, confirming that it has complied with all filing and tax obligations in the state of New Mexico.

2. Your New Mexico LLC must conduct a name search on New Mexico Secretary of State Business Search to ensure that its desired name is available for use in the state of New Mexico. However, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application with the New Mexico Secretary of State to keep the name. 

You can register your business under a different legal name if your preferred name isn’t available.  Once you have chosen a name, you can submit an application for New Mexico DBA (doing business as). In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in DBA filing is not required.

However, before filing a DBA, you should know that you need to renew your DBA every N/A, which costs $0.

3. Your New Mexico LLC should prepare and file the Articles of Domestication with the New Mexico Secretary of State, providing information about its existing New Mexico LLC, its desired New Mexico LLC name, and its new registered office address in New Mexico.

4. Your New Mexico LLC has designated a Registered Agent with a physical address in New Mexico and is available during regular business hours to receive legal and official documents on behalf of the LLC.

In New Mexico, your Registered Agent must:

  • Be a resident of New Mexico or a business entity authorized to do business in New Mexico
  • Have a physical address in New Mexico (P.O. boxes are not acceptable)

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business. 

You can serve as your own Registered Agent or appoint a friend, family member or hire the Best New Mexico Registered Agent Services.

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Complete the Form

Carefully fill out the form, providing all required information, including your New Mexico LLC’s name, current registered office address, and new registered office address. You may also be required to provide the name and address of your new Registered Agent if you are changing agents.

Submit the Form

Once the form is completed, please submit it to the New Mexico Secretary of State, along with any required filing fees. You can usually submit your form online, by mail, or in person.

The fees in New Mexico for this process are as follows:

  • Articles of Domestication: The filing fee for Articles of Domestication with the New Mexico Secretary of State is $50.00 for conversion.
  • Dissolution of New Mexico LLC: The fee for filing the New Mexico Articles of Dissolution with the New Mexico Secretary of State is $50.

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Confirm the Change

After submitting your form and other required documents, you should receive a confirmation from the New Mexico Secretary of State that your address change has been processed. Keep this confirmation as proof that you have updated your registered office address.

Step 3: Update Your Principal Place of Business Address

If you need to change your New Mexico LLC’s principal place of business address in New Mexico, you may need to update your business license or other permits, depending on your specific situation. Here are some general steps to follow:

  • Contact Local Agencies: Contact the New Mexico Secretary of State that issued your business licenses or permits to determine their specific requirements for changing your address. Depending on your business type and location, this may include city, county, or state agencies.
  • Keep Records: Retain copies of any updated New Mexico licenses, permits, or other documents as proof that you have changed your principal place of business address. This may be necessary for future filings, audits, or compliance requirements.
  • Update your Licenses and Permits: Follow the instructions provided by the New Mexico Secretary of State to update your business licenses and permits with your new principal place of business address. 

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Step 4: Notify the IRS of Your Address Change

In addition to updating your New Mexico LLC’s address with the New Mexico Secretary of State and local agencies, you should also notify the Internal Revenue Service (IRS) of your address change. To do this, follow these steps:

  • Complete Form 8822-B: Download and complete IRS Form 8822-B, “Change of Address or Responsible Party – Business.” This form informs the IRS of your LLC’s new address.
  • Mail the Form: Mail the completed Form 8822-B to the IRS at the address specified in the form’s instructions. There is no filing fee associated with this form.
  • Update your EIN: If your New Mexico LLC has an Employer Identification Number (EIN), you should also update the address associated with your EIN by contacting the IRS via phone, mail, or fax. The specific contact information and instructions can be found on the IRS website.

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Step 5: Inform Other Relevant Parties of Your Address Change

To ensure that your New Mexico LLC remains in good standing and that you continue to receive important correspondence, you should also inform the following parties of your address change:

  • Banks and financial institutions
  • Vendors and suppliers
  • Customers and clients
  • Utility providers
  • New Mexico Insurance companies
  • Relevant industry associations or organizations

Update the Articles of Organization

When changing the address of your LLC in New Mexico, one of the pertinent requirements could be updating your Articles of Organization, which is the document initially filed to establish your business entity officially.

The Articles of Organization includes various pieces of information about the LLC, such as its name, primary place of business, and Registered Agent information. When you change the business address, it’s critical to ensure that the details on the Articles of Organization reflect this modification.

The process usually involves the following steps:

  1. Obtain the Proper Form: The LLC must get the right form to amend the Articles of Organization in New Mexico. This information is typically available on the state’s Secretary of State website or other relevant state agencies.
  2. Complete the Form: Fill out the form according to the instructions provided.
  3. Submit and Pay Fees: Once the form is completed, submit it to the New Mexico Secretary of State, along with any necessary filing fees. The fee for the amendment is $50.
  4. Record Keeping: Keep a copy of the amendment or change of address form for the company’s records.

Remember that the process and requirements for changing an LLC address may vary based on the regulations in New Mexico, so it’s always a good idea to consult with a professional or refer to the New Mexico Secretary of State website for accurate information.

Advantages of Changing New Mexico LLC Address

Changing the address of an LLC in New Mexico could bring several advantages, depending on the specific circumstances and reasons behind the move:

  • Business Growth and Expansion: If the change of address is due to the need for more space, the LLC is growing and expanding, which is a positive outcome.
  • Access to Resources: Moving to a new location could provide better access to essential resources, such as proximity to suppliers, customers, or a skilled labor pool, enhancing the company’s operation and potential profitability.
  • Strategic Benefits: The LLC might move to an advantageous business environment with strategic benefits such as a more favorable regulatory climate, lower taxes, or business-friendly policies.
  • Improved Professional Image: Moving to a prestigious business district or a well-known commercial area could enhance the professional image of the LLC and make it more attractive to clients or investors.
  • Lower Operating Costs: Changing the address could lower costs if the new location has cheaper rent, utility, or other operational expenses.
  • Improved Work Environment: A new address could mean a better work environment for employees, boosting morale, productivity, and, ultimately, the bottom line.
  • Enhanced Privacy: If an LLC owner uses a home address as the registered address, moving to a new, separate business address can help maintain privacy and separate personal life from business matters.

While these potential benefits can be compelling, it’s important to remember that changing an LLC’s address also involves informing the relevant government bodies in New Mexico, updating business contacts, and possibly revising marketing materials. LLC owners should factor these considerations into their decision-making process.

Can Form 882-B Be Used to Change the LLC Name? 

Form 8822-B, titled “Change of Address or Responsible Party — Business,” informs the Internal Revenue Service (IRS) of an address change for a business or a change in the responsible party. It cannot be used to change the name of an LLC.

To change the name of New Mexico LLC, you must follow the appropriate process in the state where your LLC is registered. This typically involves filing Articles of Amendment or a similar document with the New Mexico Secretary of State. After the name change has been approved at the state level, you should inform the IRS by following the instructions on your tax return or by sending a signed letter to the IRS office where you filed your return.

FAQs

What do I need to do if I need to change my LLC address in New Mexico?
To change your LLC address in New Mexico, you need to file articles of amendment with the Secretary of State.
What is the fee to change an LLC address in New Mexico?
In New Mexico, the fee to change an LLC’s registered address is $50.
Can I change my LLC’s address online in New Mexico?
Yes, you can change your LLC’s address online in New Mexico if you filed your original articles of organization online.
How long does it take to change an LLC address in New Mexico?
It typically takes about 10-15 business days to process a change of address for an LLC in New Mexico.
Can I change my LLC’s mailing address and principal address at the same time in New Mexico?
Yes, you can change your LLC’s mailing address and principal address at the same time in New Mexico by filing one set of articles of amendment.
Do I need to notify anyone else when changing my LLC address in New Mexico?
You will typically need to notify any relevant government agencies, creditors, and customers of your LLC’s new address.
Will the New Mexico Secretary of State notify other agencies of my LLC’s updated address?
While the New Mexico Secretary of State will update their records with your LLC’s new address, it is up to you to notify other agencies of the change.
Can I change my LLC’s physical address and mailing address to the same address in New Mexico?
Yes, you can change your LLC’s physical address and mailing address to the same address in New Mexico.
What are the consequences of not updating my LLC address in New Mexico?
Failing to update your LLC address in New Mexico can result in missed important mail correspondence and legal documents.
Can I change the state my LLC is registered in at the same time as updating my LLC address in New Mexico?
No, changing the state your LLC is registered in requires registering a new LLC in the new state.
Can I change my LLC’s name and address at the same time in New Mexico?
Yes, you can change your LLC’s name and address at the same time in New Mexico by filing one set of articles of amendment.
Do I need to hire a lawyer to change my LLC address in New Mexico?
No, hiring a lawyer is not necessary but it can provide added clarity and guidance on the process.
Can I change the address of an LLC that has been administratively dissolved in New Mexico?
No, you cannot change the address of an LLC that has been administratively dissolved in New Mexico.
How can I change my LLC’s registered agent when I am changing the address in New Mexico?
You can file a change of registered agent form simultaneously with articles of amendment when changing your LLC’s address in New Mexico.
Can I change my LLC’s address to a PO box in New Mexico?
Yes, you can change your LLC’s address to a PO box in New Mexico.
Is there a deadline to file for a change of address for an LLC in New Mexico?
No, there is no specific deadline to file for a change of address for an LLC in New Mexico.
What happens if I move my LLC to a new address within the same city in New Mexico?
If you move your LLC to a new address within the same city, you still need to update your LLC’s address with the Secretary of State of New Mexico.
Can I change my LLC address in New Mexico without providing a reason?
Yes, you can change your LLC address in New Mexico without providing a reason.
Will my LLC’s existing agreements and contracts be affected by changing my LLC address in New Mexico?
Depending on the language in your LLC’s agreements and contracts, changing your LLC address in New Mexico could potentially affect those existing agreements and contracts.
Will changing my LLC address in New Mexico impact my business name or tax status?
No, changing your LLC’s address in New Mexico should not impact your business name or tax status.
Can I change my LLC address to a foreign country in New Mexico?
Technically, yes, you can change your LLC’s address to a foreign country in New Mexico but additional documentation and requirements may apply.
What is the penalty for not updating my LLC address in New Mexico?
There may be penalties and fines for not updating your LLC address in New Mexico, so it is best to comply with the state law to avoid these repercussions.
Where can I get the articles of amendment form to change my LLC address in New Mexico?
To obtain articles of amendment form to change an LLC address in New Mexico, you can visit the Secretary of State’s website or request them by mail.
How many years are articles of amendment valid in New Mexico?
Articles of amendment do not expire in New Mexico.
Will there be a public record of my LLC’s new address in New Mexico?
Yes, your LLC’s new address in New Mexico will be publicly recorded.
Can I change my LLC’s address for just one period of the year in New Mexico?
No, you need to change your LLC’s address permanently in New Mexico.
Will I receive confirmation of my LLC address change once it’s processed in New Mexico?
Yes, you should receive confirmation of your LLC address change in New Mexico once the process has been completed.
How do I change the address of my LLC in New Mexico?
You can change the address of your LLC in New Mexico by filing form PTE-10 with the state’s Corporations Bureau.
What is form PTE-10?
Form PTE-10 is a certificate of amendment that is filed with the New Mexico Corporations Bureau to change the address of your LLC.
Where can I obtain form PTE-10?
You can obtain form PTE-10 from the New Mexico Secretary of State’s website.
What is the fee for filing form PTE-10 in New Mexico?
The filing fee for form PTE-10 in New Mexico is $50.
How soon will my LLC’s address be updated after filing the form PTE-10?
It can take up to seven business days for the New Mexico Corporations Bureau to process your form PTE-10 and update your LLC’s address.
Can I change the address of my LLC in New Mexico online?
Yes, you can change the address of your LLC in New Mexico online through the Corporations Bureau’s website.
Can I change the address of my LLC in New Mexico through the mail?
Yes, you can change the address of your LLC in New Mexico through the mail by sending form PTE-10 to the New Mexico Corporations Bureau.
Do I need to provide any documentation when I file form PTE-10 to change my LLC’s address in New Mexico?
No, you do not need to provide any additional documentation with form PTE-10 to change your LLC’s address in New Mexico.
Will changing my LLC’s address in New Mexico affect my LLC’s tax obligations?
No, changing your LLC’s address in New Mexico will not affect your LLC’s tax obligations.
What happens if my LLC’s contact information in New Mexico is not up to date?
If your LLC’s contact information in New Mexico is not up to date, you may not receive important legal and tax documents in a timely manner.
What other information should I update when changing my LLC’s address in New Mexico?
When changing your LLC’s address in New Mexico, you may also want to update your LLC’s registered agent and mailing address.
How do I update my LLC’s registered agent in New Mexico?
You can update your LLC’s registered agent in New Mexico by filing form RD-105 with the state’s Corporations Bureau.
Can I change multiple pieces of information on form PTE-10 when changing my LLC’s address in New Mexico?
No, form PTE-10 should only be used to change your LLC’s mailing address in New Mexico. To change other information, such as the registered agent, you will need to file separate forms.
What is a New Mexico registered agent?
A New Mexico registered agent is a person or business designated to receive official legal and tax documents on behalf of a New Mexico LLC.
How do I know if my LLC needs a registered agent in New Mexico?
All New Mexico LLCs are required to have a registered agent with a physical address in the state.
Can I serve as my own registered agent for my New Mexico LLC?
Yes, you can serve as your own registered agent for your New Mexico LLC, as long as you have a physical address in the state.
Can I change my New Mexico LLC’s registered agent without changing the LLC’s address?
Yes, you can change your New Mexico LLC’s registered agent without changing the LLC’s address by filing form RD-105 with the Corporations Bureau.
What is the fee for filing form RD-105 in New Mexico?
The filing fee for form RD-105 in New Mexico is $25.
What is the deadline for changing my LLC’s address in New Mexico?
There is no deadline for changing your LLC’s address in New Mexico, but it is important to update your contact information as soon as possible.
What should I do if I need to change my LLC’s address in New Mexico but don’t know my registered agent’s name?
You can search your New Mexico LLC’s registered agent on the Corporations Bureau’s website.
Can I change my registered agent’s name and mailing address at the same time as my New Mexico LLC’s address?
Yes, you can change your registered agent’s contact information at the same time as your New Mexico LLC’s address by filing form RD-105.
If I move out-of-state, do I still need a registered agent for my New Mexico LLC?
Yes, if your New Mexico LLC is registered with the state, you still need a registered agent with a physical address in the state.
Can I use a registered agent service for my New Mexico LLC?
Yes, many businesses offer registered agent services for New Mexico LLCs.
Is there a penalty for failing to update my New Mexico LLC’s address?
There is no penalty for failing to update your New Mexico LLC’s address, but it is important to keep your contact information current to receive important legal and tax documents in a timely manner.
Can I change my New Mexico LLC’s address if I have pending legal cases or tax liabilities?
Yes, you can change your New Mexico LLC’s address even if you have pending legal cases or tax liabilities.
Do I need to provide proof of my LLC’s new address when I file form PTE-10 in New Mexico?
No, you do not need to provide proof of your LLC’s new address when you file form PTE-10 in New Mexico.

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Conclusion

Changing your LLC’s address in New Mexico can be relatively simple if you follow the above steps. By updating your registered office and principal place of business addresses, notifying the IRS, and informing other relevant parties, you can ensure that your LLC remains compliant with New Mexico regulations and continues to operate smoothly.

Remember to keep records of all address changes and any updated licenses, permits, or other documents, as these may be necessary for future filings, audits, or other compliance requirements. And as always, consult with a legal or business professional if you have any questions or concerns about your situation.

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