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There are many reasons to form an LLC in New Mexico. Here are the main ones:
Legal protection in case of bankruptcy or lawsuits
Separation of personal and business assets
Tax benefits: flexibility & pass-through taxation
Increasing credibility and trust for your business
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If you are thinking about starting a business in New Mexico, organizing it as a limited liability company (LLC) offers many benefits. Forming an LLC may help to protect you from personal liability for business debts. If, for example, the business owes someone money, they will most likely not be able to come after you to collect the debt.
The names of an LLC’s owners, known as “members,” are not part of the public record in New Mexico, which effectively makes ownership of an LLC anonymous. The cost of creating an LLC in New Mexico is much lower than in many other states.
Here are the six steps you will need to complete in order to form an LLC in New Mexico:
Below, you’ll find a detailed explanation to walk you through each step.
New Mexico law sets several specific requirements for the name of an LLC. The name must be distinct from the name of:
The business name must include one of the following:
Every business entity registered in New Mexico must designate an individual or business to serve as the company’s registered agent. They must have a street address, not a P.O. Box, in the state where someone is available during business hours to receive paperwork on behalf of the LLC. A registered agent in New Mexico must be either:
The state will send important notifications to the registered agent. If someone files a lawsuit against the LLC in a New Mexico court, the process server will deliver the paperwork to the registered agent.
You may serve as the registered agent for your LLC and use the LLC’s principal business location as the registered office. If you do so, however, you give up the anonymity that comes with creating an LLC in New Mexico. As a member of an LLC, your name and address are not part of the public record. Information about registered agents, however, is available to the public.
Third-party businesses offer registered agent services to LLCs and other businesses registered in New Mexico. Some lawyers or law firms may act as registered agent for their business clients. You may also use a registered agent service, which will act as your registered agent and use its office location as your registered address in exchange for an annual fee. The benefits of this include preserving the anonymity of your LLC’s members and reducing the amount of paperwork that comes to your business address.
You can designate a registered agent when you file the articles of organization. The registered agent must give consent by signing a Statement of Acceptance of Appointment by Designated Initial Registered Agent. You can change the registered agent or registered office by notifying the SOS.
Once you’ve found a name for your business, you should be ready to file the articles of organization. This document officially creates your LLC as a distinct legal entity.
The SOS charges a $50 fee to file the articles of organization.
The person who files the articles of organization is known as the “organizer.” You can be the organizer of your own LLC, or you can have an LLC formation service do it for you.
You must make several decisions about your business before you can complete the articles of organization. First, you must decide if you want to establish a specific duration for the LLC. Most LLCs have perpetual duration, meaning that they will continue to exist until the members decide to dissolve them. You could, instead, state that the LLC will have a finite life span, such as 20 years.
Next, you must decide how you want to handle the management of the LLC. The members of an LLC are typically in charge of running the business, but they could choose to turn that role over to managers. The relationship between members and managers in an LLC is somewhat similar to shareholders and directors in a corporation. If you will be the only member, or the business will only have a few members, you might not need to have managers run the business.
You will need to provide the following information for the articles of organization:
You must also submit a Statement of Acceptance of Appointment by Designated Initial Registered Agent signed by the registered agent.
The easiest way to file articles of organization is online through the SOS web portal. You can fill in all of the required information, upload documents like the registered agent acceptance statement, pay the filing fee with a credit card, and receive confirmation all at once.
New Mexico law defines an operating agreement as “a written agreement providing for the conduct of the business and affairs of a limited liability company.” It establishes important issues like how members or managers make decisions for the company, how members may receive their shares of business profits, and how to resolve disputes between members or managers. Operating agreements are particularly helpful for LLCs with multiple members, but even single-member LLCs can benefit from having a written set of rules and guidelines for running the company.
An operating agreement is not a legal requirement in New Mexico the way that designating a registered agent is required. That said, having one is a very good idea for most LLCs. An operating agreement can set clear expectations for the LLCs members. It can memorialize the members’ intentions regarding issues like the apportionment of profits and losses, and help you avoid disputes further down the road. It can also help preserve the members’ liability protections by setting clear boundaries for actions taken on behalf of the company.
Next, you will need to obtain an Employer Identification Number (EIN) from the IRS. This number serves a similar purpose as a Social Security Number. They have the same number of digits, although they are formatted differently. A Social Security number is written xxx-xx-xxxx, while an EIN is written xx-xxxxxxx.
You will need an EIN for your LLC for multiple purposes, including:
If you are located in New Mexico, or anywhere else in the U.S., you can obtain an EIN online, by fax, or by mail. Outside of the U.S., you may be able to apply for an EIN by telephone.
Applying for an EIN online is the fastest method. You should be able to obtain a number right without having to wait. Applying by fax or mail means waiting days or weeks to get your EIN.
Regardless of the method you use to apply for an EIN, you should fill out Form SS-4. The first section of the form asks for the company’s name and contact information, as well as your name as the “responsible party.” Lines 8a-8c ask for information about the LLC. Line 10 asks the reason why you are applying for an EIN. You may choose “Started new business.” You could choose “Hired employees” or “Banking purpose” instead if you think that is more appropriate.
The IRS does not charge a fee to obtain an EIN. To apply by mail, send the completed SS-4 to the Internal Revenue Service, Attn: EIN Operation, Cincinnati, Ohio 45999. You can fax the form to (855) 641-6935.
This step-by-step guide details the steps you need to name your New Mexico LLC properly by searching if it is unique.
There are different costs to form an LLC in New Mexico and maintain it. We’ve listed all of them in this post.
Appointing registered agent is a mandatory step in your LLC formation process in New Mexico – learn more about it.
This post details which licenses and permits your New Mexico LLC may require and how to obtain them.
We love helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while remaining compliant with state regulations.
Here’s why people choose to form their LLC with us:
Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.
Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.
We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.
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This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
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