Out-of-state LLC
What is a New Mexico out-of-state LLC?
An out-of-state LLC is an LLC that was formed in any state other than New Mexico. If you are considering conducting business in New Mexico, you are required to register your LLC with the New Mexico Secretary of State before you can begin.
How do I know if I need to register my LLC in New Mexico?
Like most other states, the New Mexico law regarding out-of-state LLCs is vague when it comes to who needs to register. The law specifically says anyone who is “transacting business” is required to register, but does not define that phrase any further.
A more definitive answer is found in the NM laws that determine which business entities are required to pay sales tax to the state. According to these regulations, a business is typically required to register with the Secretary of State if they have a physical presence in the state. A “physical presence” includes a store, a sales representative, an office, or a warehouse.
How much does registering an out-of-state LLC in New Mexico cost?
The filing fee to register your out-of-state LLC with the New Mexico Secretary of State is $100. You can pay this fee with a check or money order made out to “New Mexico Secretary of State.”
How to Register a Foreign LLC in New Mexico: A DIY Guide
To register your foreign LLC in New Mexico, you must complete the Application for Registration of a Foreign Limited Liability Company. On this form, you are required to provide the following information:
- The complete LLC name
- The LLC name you will operate under in New Mexico
- The state your LLC was originally formed in
- The date your LLC was originally formed
- The name and address of the registered agent in the state your LLC was originally formed in
- The name and address of the registered agent for your LLC in New Mexico
- The name of the manager of the LLC
Once you have entered all of the required information, the application must be signed and dated by an authorized person.
An authorized person is any person who has the authority to sign on behalf of the LLC. This can include a member, a manager, an attorney, or anyone that you authorize.
The application needs to be submitted in duplicate, so be sure to send a copy of the document if you are submitting your materials via mail.
Along with the application, you must also submit the Acceptance of Designated Initial Registered Agent to the New Mexico Secretary of State. This document requires that you list the name of your NM registered agent, the name of your company, and a signature of an authorized person.
You are required to provide a Certificate of Good Standing from the state where your LLC was initially formed. You must provide this to the New Mexico Secretary of State within 30 days of receiving it.
All filings submitted to the New Mexico Secretary of State must include a Document Delivery Instruction Form. A PDF of this form is available on the New Mexico Secretary of State website.
Once you have completed all the necessary documents, you must file them—along with the $100 filing fee—with the the New Mexico Secretary of State.
You can file these documents in person at the Secretary of State Office, or you can submit them via mail.
The office address is:
New Mexico Secretary of State
Corporations Bureau
325 Don Gaspar, Suite 300
Sante Fe, NM 87501
If you have any questions, you can contact the NM SOS Office at (800) 477-3632.
Can I expedite my filing?
New Mexico no longer provides an option to expedite the filing of the Application for Registration. Currently, all New Mexico filings are processed in about 30 days.
What happens after I submit my filing?
Once you submit all of the required documents and the filing fee, your materials will be reviewed and processed. Once that is complete, a Certificate of Registration and a copy of your submitted application will be returned to the address you provided on the Document Delivery Instruction Form.
What about annual reports?
New Mexico is unique in the fact that it does not require LLCs to file annual reports. This adds some additional privacy benefits to NM LLCs because the only information required to start and maintain your business entity with the state is the Application for Registration.
Will I be required to pay taxes?
LLCs are pass-through entities, so all profits from your LLC will be passed on to the members, and then they will pay taxes on those earnings as personal income.
High Desert Corporate Filings LLC is the Best Choice for Your Out-of-State LLC
If you are expanding your business into the state, you are required, by law, to have a NM registered agent. We’re confident in our first place position as the best choice for your out-of-state LLC’s registered agent. High Desert Corporate Filings LLC is located in the heart of Santa Fe and has an established relationship with the New Mexico Secretary of State office.
Included with our New Mexico registered agent service:
Our real office location.
Our office is located in the heart of Santa Fe, only a fifteen minute walk from the New Mexico Secretary of State Office.
Free mail forwarding.
For your convenience, we include mail forwarding in our registered agent service.
Documents are uploaded to your online account.
All business formation documents we receive on your behalf are uploaded to your online, secure client account.
A price that stays the same every year.
The price of our registered agent service stays the same year after year.
No hidden or forwarding fees.
Our success is based on trust—not swindling our customers with hidden fees.
Entity management software.
Our entity management software is the best of the best, maintained by a team of experts.
Lifetime customer support.
We stand by our customers from day one.
Real privacy and anonymity.
We ensure that the security of your personal information is never breached.