Articles of Organization in New Mexico | How to File in 2024


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File Articles of Organization in New Mexico

Forming a Limited Liability Company (LLC) in New Mexico is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is filing the Articles of Organization with the New Mexico Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in New Mexico.

Webinarcare Editorial Team will help you understand the necessary steps to file for Articles of Organization. It would be best if all the factors in this article guided you.

What is Articles of Organization?

Articles of Organization is a legal document filed with the New Mexico Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Registered Agent, and management structure. Once filed and approved by New Mexico, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

The Articles of Organization typically contains the following information:

  • Company name
  • The effective date of the company
  • The headquarters of the company
  • The company’s goal
  • The period of the company’s operations
  • Copy of the name registration certificate for the company
  • Registered Agent’s and organizers’ names and addresses
  • At least one company employee

Recommended: Filing Articles of Organization is easy and hassle-free if you hire a professional service. We recommend using –

LegalZoom ($0 + State Fee)

How to File Articles of Organization in New Mexico?

Aside from hiring a Registered Agent, you should also be aware that a Registered Agent should file Articles of Organization in your New Mexico LLC. Here are the steps and guidelines for filing.

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, New Mexico Secretary of State Business Search, usually available on the New Mexico Secretary of State’s website.

Step 2: Appoint a Registered Agent

Registered Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your New Mexico LLC. Most states require LLCs to designate a Registered Agent when filing the Articles of Organization. The Registered Agent must have a physical address in the state and be available during regular business hours.

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, appoint a friend or family member, or hire a professional New Mexico Registered Agent Services.

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Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your New Mexico LLC. While the specific requirements in New Mexico, the document includes the following information:

  • The LLC’s name
  • The name and address of the Registered Agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In New Mexico, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the New Mexico guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the New Mexico Secretary of State. The submission process may vary depending on the method of choice; New Mexico allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the New Mexico Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the New Mexico Business Name Search to see if the business name you want to use is available there. You must include a copy of your name reservation and your completed Articles of Organization form when submitting.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the New Mexico Secretary of State
  • Complete the necessary details in the form.
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the New Mexico LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to Business Services Division, 325 Don Gaspar, Suite 300 Santa Fe, NM 87501.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In New Mexico, the Articles of Organization fee costs around $50 which you can pay in the New Mexico Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out New Mexico LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in New Mexico can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom($0 + State Fee for LLC formation)

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in New Mexico is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In New Mexico, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax. As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in New Mexico Taxation and Revenue Department.

In terms of franchise tax for your LLC in New Mexico, there is No franchise tax. Consult your New Mexico Taxation and Revenue Department and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Annual Reports in New Mexico, paying required fees every some specific time (however, it is not mandatory to file it), and keeping accurate records of your LLC’s activities. Stay informed about New Mexico specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in New Mexico?

Yes, the Articles of Organization is necessary to be filed with New Mexico Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Registered Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by New Mexico.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the New Mexico Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

What is an LLC in New Mexico?
An LLC is a type of business structure that offers personal liability protection to its members while offering the tax benefits of a partnership.
How many members does an LLC require in New Mexico?
A New Mexico LLC can have one or more members.
What is the filing fee to file Articles of Organization for a New Mexico LLC?
The filing fee for Articles of Organization for a New Mexico LLC is $50.
How can I file for an LLC in New Mexico?
Articles of Organization can be filed online through the New Mexico Secretary of State’s website or by mail.
What is the processing time for New Mexico LLC filings?
The average processing time for New Mexico LLC filings is three business days.
Can a foreign LLC do business in New Mexico without registration?
No, a foreign LLC must register with the New Mexico Secretary of State before doing business in the state.
Can anyone form an LLC in New Mexico?
Yes, anyone can form an LLC in New Mexico.
What should be included in the Articles of Organization for a New Mexico LLC?
The Articles of Organization for a New Mexico LLC should include the name and address of the LLC, the name and address of the registered agent, and the name and address of each member.
Do I need a registered agent for my New Mexico LLC?
Yes, a registered agent is required for all New Mexico LLCs.
Can I be my own registered agent for my New Mexico LLC?
Yes, you can be your own registered agent for your New Mexico LLC if you have a physical address in the state.
How can I find a registered agent in New Mexico?
You can find a directory of registered agents on the New Mexico Secretary of State’s website.
Should I hire an attorney to form my New Mexico LLC?
Hiring an attorney is not required, but it is recommended to ensure that all legal requirements are met.
Can I change the name of my New Mexico LLC after it has been formed?
Yes, you can file an amendment with the New Mexico Secretary of State to change the name of your LLC.
What is an operating agreement in New Mexico?
An operating agreement is a document that sets out how an LLC will be run, including the responsibilities of each member.
Is an operating agreement required for a New Mexico LLC?
While not required by law, it is a good idea to have an operating agreement for a New Mexico LLC.
Can I add members to my New Mexico LLC after it has been formed?
Yes, you can file an amendment to your Articles of Organization to add members to your New Mexico LLC.
What is the yearly filing fee for a New Mexico LLC?
The yearly filing fee for a New Mexico LLC is $0.
What is dissolving an LLC in New Mexico?
Dissolving an LLC in New Mexico means legally terminating the LLC’s existence.
Can I dissolve my New Mexico LLC any time I want?
Yes, you can dissolve your New Mexico LLC at any time.
How do I dissolve my New Mexico LLC?
You can dissolve your New Mexico LLC by filing articles of dissolution with the New Mexico Secretary of State.
Can I revive my New Mexico LLC after it has been dissolved?
Yes, you can file for a certificate of revival and restart your LLC.
What is reserved name filing in New Mexico?
Reserved name filing is the act of reserving a business name with the New Mexico Secretary of State before filing your articles of organization.
Why would I reserve a name in New Mexico before forming an LLC?
Reserving a name in New Mexico ensures that no one else uses the desired name while you prepare to file your LLC.
Can I dissolve my New Mexico LLC the same day I make it?
No, you must wait at least one day after submitting articles of organization to dissolve and LLC.
Can New Mexico LLC manager rights be transferred to an outside member?
Yes, an outside member can be granted manager rights.
What’s the difference between a manager-managed LLC and a member-managed LLC in New Mexico?
In a member-managed LLC, members manage the LLC themselves, while in a manager-managed LLC, an outside manager, or managers, is hired to manage the day-to-day operations.
Can members of an LLC vote on major decisions in New Mexico LLC?
Yes, significant resolutions of members need clear-cut majority votes to pass.
Does a New Mexico LLC have all of the advantages of a corporation?
Yes, New Mexico LLC offers taxation benefits of partnership and limited liabilities for company owners.
What is an LLC?
An LLC is a legal entity that provides limited liability protection to its owners while allowing them to enjoy pass-through taxation.
How do I file Articles of Organization for an LLC in New Mexico?
You can file your Articles of Organization online, by mail or in-person with the New Mexico Secretary of State’s office.
What is the cost of filing Articles of Organization in New Mexico?
The filing fee for LLC articles of organization in New Mexico is $50.
Do I need a registered agent in New Mexico to form an LLC?
Yes, your LLC must have a registered agent with a physical address in New Mexico who can receive legal documents on your behalf.
Can I be my own registered agent in New Mexico for my LLC?
Yes, you can act as your own registered agent for your LLC in New Mexico if you have a physical address in the state.
What is the processing time for LLC Articles of Organization in New Mexico?
The processing time for New Mexico LLC Articles of Organization is typically 5-10 business days.
Can I expedite the processing of my LLC Articles of Organization in New Mexico?
Yes, you can pay an additional $100 for expedited processing that takes 2-3 business days.
Can I reserve a name for my LLC before filing my Articles of Organization in New Mexico?
Yes, you can reserve a name for your LLC for up to 120 days in New Mexico for $20.
Can my LLC have a name that is already taken by another business in New Mexico?
No, your LLC name must be unique and not already in use by another business registered in New Mexico.
How many members are required for an LLC in New Mexico?
An LLC in New Mexico can have just one member or several members, as there is no legal requirement for a minimum number of members.
What is a filing deficiency notice from the New Mexico Secretary of State’s office?
A filing deficiency notice occurs when an LLC’s Articles of Organization have errors that need to be corrected before the application is accepted.
Can I change the name of my LLC after filing Articles of Organization in New Mexico?
Yes, you can file an amendment to your LLC’s Articles of Organization to change the name of your LLC.
Do I need to file a biennial report for my LLC in New Mexico?
Yes, an LLC in New Mexico must file a biennial report every 2 years along with a $25 filing fee.
What do I have to include in my LLC’s operating agreement in New Mexico?
Your LLC’s operating agreement in New Mexico must include how profits and losses are allocated, how the LLC is managed, and how members can enter or leave the LLC.
Can I file my LLC’s operating agreement with the State of New Mexico?
No, your LLC’s operating agreement is an internal document that is not required to be filed with the state.
What is the New Mexico tax rate for LLCs?
LLCs in New Mexico are not taxed at the state level, but members may have to pay personal income tax on their share of the profits.
Should I file for an LLC or a corporation in New Mexico?
An LLC is usually better for a small business owner, whereas a corporation may be suitable for a larger one.
How do I submit my New Mexico LLC Articles of Organization by mail?
You can download the articles of organization form from the New Mexico Secretary of State’s website and mail it in along with your payment.
Can I file my New Mexico LLC Articles of Organization online?
Yes, you can file your LLC Articles of Organization online using the New Mexico Secretary of State’s web filing service.
What is the benefit of filing my LLC Articles of Organization online in New Mexico?
Filing online is the fastest way to file an LLC Articles of Organization in NM State, and there are no delays due to postal service.
Can I revoke my LLC Articles of Organization in New Mexico?
Yes, you can file a Certificate of Dissolution with the New Mexico Secretary of State to revoke your LLC’s Articles of Organization.
Do I need to hire a lawyer to form an LLC in New Mexico?
It’s not legally required, but it’s a good idea to consult a lawyer to ensure compliance and protection of your interests.
Can I file foreign LLCs in New Mexico?
Yes, foreign LLCs may do business in New Mexico by registering with the Secretary of State.
What is the process of changing registered agent for an LLC in New Mexico?
You must file a Notice of Change of Registered Agent form with the New Mexico Secretary of State and pay a $25 fee.
Do I need to obtain an EIN for my LLC in New Mexico?
LLCs with employees in New Mexico must obtain an EIN from the IRS after filing their Articles of Organization.
How do I withdraw a member from an LLC in New Mexico?
The LLC’s operating agreement should contain provisions for the eventual removal or resignation of members.
Can I amend my LLC’s Articles of Organization in New Mexico?
Yes, you can file an amendment to update your LLC’s name, address, or other relevant information.
What is required for a name change amendment to an LLC in New Mexico?
A certificate of amendment is necessary to change the name of an LLC in New Mexico and must include the new name and reference the old name.
What if I don’t file my biennial report for my LLC in New Mexico?
Non-filing may result in late fees or even administrative dissolution of your LLC, making you the owner liable.

Also Read

Can You Change or Modify Your New Mexico LLC Articles of Organization?

The good news is that in New Mexico, just like in many other states, you do have the ability to change or modify your LLC’s Articles of Organization. This flexibility is a key advantage of the LLC business structure, allowing business owners to adapt to changing circumstances or business needs.

There are several reasons why you may need to make changes to your Articles of Organization. For example, perhaps you need to change the name of your LLC because of a rebranding effort, or maybe you want to add or remove a member or manager. Whatever the reason, the process for making these changes is relatively straightforward.

To change or modify your New Mexico LLC’s Articles of Organization, you will need to file an Amendment with the Secretary of State. This document outlines the specific changes you wish to make and must be submitted along with the required filing fee. Once the Amendment is approved and filed, your LLC’s Articles of Organization will be updated to reflect the changes.

It is important to note that while you do have the ability to make changes to your Articles of Organization, it is crucial to ensure that these changes comply with the laws and regulations of New Mexico. For example, changing your LLC’s name may require a new name search and reservation, while adding or removing members may involve updating your operating agreement.

Additionally, it is always a good idea to consult with legal counsel or a business advisor when making changes to your LLC’s Articles of Organization. These professionals can provide guidance on the correct procedures to follow and ensure that your changes are in compliance with state laws.

In conclusion, the ability to change or modify your New Mexico LLC’s Articles of Organization provides business owners with the flexibility needed to adapt and grow their businesses. By following the correct procedures and seeking professional advice when necessary, you can make the necessary changes to your company’s organizational documents to reflect the needs of your business.

Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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