AI-Powered Formation

New Mexico Secretary of State

Form your New Mexico LLC, Corporation, or Nonprofit with chat-first AI business formation. State filing, registered agent, EIN, and ongoing compliance workflows — connected from the start.

New Mexico Business Filing Overview

The Secretary of State — Business Services is the state authority responsible for registering LLCs, corporations, nonprofits, and other business entities in New Mexico. The standard LLC formation fee is $50 with a processing time of 3-5 days. Online filing is available.

Formation Fee$50
Processing Time3-5 days
Online FilingAvailable
Annual Report Fee$0
Annual Report DueN/A
SOS Phone(505) 827-3600

New Mexico Entity Requirements

State-specific governance rules for New Mexico LLCs, Corporations, and Nonprofits.

Members

Minimum required1
Residency requiredNo

Management Structure

DefaultMember Managed

Member-managed unless the articles vest management, in whole or part, in one or more managers; managers need not be members or natural persons.

Operating Agreement

Required to fileNo

Optional; an operating agreement is a written agreement for conducting the LLC business and affairs.

Annual Meeting

RequiredNo

No statutory annual meeting requirement for LLCs.

Formation Filings in New Mexico

These are the primary documents filed with the Secretary of State — Business Services to create a new legal entity. Each entity type has different requirements, fees, and processing times.

Articles of Incorporation

Corporation
Agency:Secretary of State
Filing Fee:$50 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Includes authorized shares and par value
  • Names the registered agent
  • Sets the corporation's purpose

Articles of Organization

LLC
Agency:Secretary of State
Filing Fee:$50 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

New Mexico does not require annual reports for LLCs, making it a low-maintenance formation state.

What to know

  • Names the registered agent and required filing contact information
  • Sets the registered office address
  • May include an optional effective date

Articles of Incorporation (Nonprofit)

Nonprofit
Agency:Secretary of State
Filing Fee:$25 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Public benefit purpose statement required
  • Asset dedication language for IRS
  • Members or directors structure

Foreign Qualification

LLCCorporation
Agency:Secretary of State
Filing Fee:$100 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Required when operating, hiring employees, or owning property in another state
  • Needs Certificate of Good Standing from home state
  • Creates registered agent and annual report obligations in the new state

Ongoing Compliance in New Mexico

After formation, New Mexico entities must maintain ongoing filings to remain in good standing. Missing deadlines can result in late fees, administrative dissolution, and loss of liability protection.

Annual Report

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$0
Processing Time:N/A
Filing Method:Mail Only
Due Date:N/A
Filing Period:None

New Mexico does not require annual reports for LLCs. Corporations: biennial report required.

What to know

  • Due date varies by state (often anniversary date or fixed month)
  • Filing fees range $10–$825 by state
  • Failure to file results in administrative dissolution

Amendment to Formation Documents

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$25 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Board or member approval typically required
  • Certified copy may be needed for banks and contracts
  • Most states allow online amendment filing

Articles of Dissolution

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$25 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail
Tax Clearance:Not required

What to know

  • May require tax clearance before filing
  • Assets must be distributed before dissolution
  • Protects against future liability claims

Change of Registered Agent

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$25 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Must be maintained at all times
  • Registered agent must be available during business hours
  • Can be an individual or registered agent service

Document Retrieval in New Mexico

Certified documents from the Secretary of State — Business Services are often required by banks, investors, lenders, and for foreign qualification in other states.

Certificate of Good Standing

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$25 + processing fee if filing online
Processing Time:1-2 days
Filing Method:Online or Mail

What to know

  • Required by most banks when opening accounts
  • Needed for foreign qualification in other states
  • Typically valid for 30–90 days

Apostille

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$25
Processing Time:3-5 days
Filing Method:Mail Only

What to know

  • Required for international business expansion
  • Issued by Secretary of State office
  • Attaches to formation documents and good standing certificates

New Mexico Tax Snapshot

Understanding New Mexico's tax environment is critical for choosing the right formation state and planning your entity's ongoing obligations.

State Income TaxYes
Personal Income TaxYes
State Sales Tax5%
Franchise TaxNo franchise tax

New Mexico LLCs have no annual report requirement — making it a very low-maintenance formation state. Individual income tax rates range from 1.7–5.9%. Corporate income tax 5.9%. Gross Receipts Tax (GRT) is New Mexico's equivalent of a sales tax at approximately 5%.

New Mexico Agency Directory

Key government agencies for New Mexico business formation, tax registration, and employer compliance.

Secretary of State — Business Services

Primary filing authority for New Mexico business entities

Secretary of State — Business Services

Entity formation (LLCs have no annual report)

New Mexico Taxation and Revenue Department

Gross Receipts Tax, income tax, withholding

New Mexico Department of Workforce Solutions

Unemployment insurance, employer registration

Form your New Mexico entity today.

Start your New Mexico LLC, corporation, or nonprofit online — AI-powered filing with registered agent, EIN, and compliance included.