How to Get a Registered Agent in New Mexico
It’s essential to fulfill your New Mexico registered agent requirements and stay compliant with the Secretary of State.
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Swyft Filings is committed to providing accurate, reliable information to help you make informed decisions for your business. That's why our content is written and edited by professional editors, writers, and subject matter experts. Learn more about how Swyft Filings works, our editorial team and standards, what our customers think of us, and more on our trust page.
According to the 2018 New Mexico Statutes, any business that operates within the state needs to have a registered agent.[1] A registered agent serves several crucial roles, including accepting service of process and similar legal documents on your company’s behalf.
However, the rules for electing an agent vary depending on your company’s structure. You need to know what a registered agent does and why their role is crucial. This guide provides the information you need to choose the best registered agent for your business.
Key Takeaways
Failure to have a registered agent in New Mexico can lead to severe consequences for your business, including a 24-month ban from operating in the state.
Business owners can act as their own registered agent in New Mexico, but it can lead to privacy issues and other problems down the road.
How a company elects a registered agent in New Mexico varies depending on the business type.
Protect your privacy, avoid compliance issues, and choose a service trusted by over 300,000 businesses.
What Is a Registered Agent?
A registered agent is an individual or business entity authorized to receive important legal documents and notifications on a company’s behalf.[2]
Every company operating in New Mexico, from small local LLCs to prominent multinational corporations, must have a registered agent. The rules apply regardless of your company’s size.
Failure to maintain a registered agent, and that agent’s associated registered address, leads to your business falling out of good standing with the state of New Mexico. Not being in good standing with the state can severely affect your ability to do business there.
Registered Agent Responsibilities
A registered agent’s responsibilities on behalf of your business include:
Maintaining a physical business address where they can receive mail
Placing their address in the public record with the New Mexico Secretary of State
Operating during the state’s regular business hours
Receiving, processing, handling, and forwarding essential documents for your business
Choosing a Registered Agent in New Mexico
Selecting a registered agent includes knowing the requirements an agent must meet. You must choose between acting as your registered agent or using a third party to serve in the role.
New Mexico Registered Agent Requirements
An individual or business entity must meet specific requirements before you can elect them as a registered agent for your limited liability company (LLC) or corporation. These include:
Entity Status
A registered agent in New Mexico may be an individual, domestic or foreign company, or an artificial legal entity. Any business entity must be authorized to conduct business in New Mexico.
Physical Address
Any individual serving as a registered agent in New Mexico must have a physical street address. Companies operating as agents must have physical business addresses.
In both cases, the address serves as the agent’s registered office. Mailing services and P.O. boxes don’t count.
Public Record Consent
Your registered agent must consent to place their address in the public record with the New Mexico Secretary of State.
Business Hours
Your agent’s address must be open and available to receive documents during regular business hours.
What Happens if My Business Doesn’t Have a Registered Agent?
Failure to assign a registered agent to your business carries several potential consequences, including getting banned from operating in New Mexico for 24 months.
The New Mexico Secretary of State sends a letter of delinquency to any business that doesn’t have a registered agent. After receiving the letter, your company has 60 days to resolve the issue.
If it doesn’t, you receive a certificate of revocation, which stops your company from conducting any business in New Mexico. A company may apply to the Secretary of State to lift this revocation after two years.
You could also receive a letter of delinquency if your business fails to notify the New Mexico Secretary of State within 30 days of changing your registered office.
Can I Act as My Own Registered Agent in New Mexico?
The state of New Mexico allows business owners to serve as their own registered agents. You can also elect an employee to serve as your agent if that employee meets the state’s requirements.
There are a couple of reasons why you may want to act as your own registered agent:
You can save money on outside agent fees.
You refrain from having outside parties handle essential documents.
While saving money and removing intermediaries seem like solid benefits, there are several significant reasons why acting as your own agent is not the right call:
Your home or office address goes on the public record, which can lead to invasions of privacy.
You run the risk of customers and clients seeing potentially sensitive documents.
Your company must operate during regular business hours in New Mexico.
You need strong organizational skills and professional knowledge outside of your business.
Benefits of a Third-Party Registered Agent
A third-party New Mexico registered agent service, such as Swyft Filings, can take a lot of work off your plate. The benefits of using a third-party provider make it the right choice for most business owners.
1. An Expert Point of Contact
How much do you know about your company’s essential documents to file? Most new business owners have never seen a service of process document or understand the critical importance of notifications sent by the Secretary of State.
A commercial registered agent service already has the expertise to correctly sort essential documents from the junk mail companies receive daily.
They act as a vital point of contact for your business, ensuring you receive the documents you need to see when you need to see them.
2. Less Work for Business Owners
Most business owners already have plenty on their plates without worrying about a registered agent’s duties. They’re running their companies, which means dealing with negotiations, making crucial decisions, and maintaining a team of talented people.
Maybe you’d rather select an existing team member as your registered agent. That’s certainly an option. However, going down this route means the designated individual has to split their focus between work and agent responsibilities, distracting them from the bottom line.
With a third party, you have somebody to handle the documents for you, allowing you and your team to focus on growing your business.
3. You Can Keep Irregular Business Hours
Your registered agent must maintain regular business hours, or your company will fall out of good standing with the state of New Mexico.
That’s a problem for companies operating in the evening or at night. It’s also an issue for business owners who travel often and people who like to set their own schedules.
Working with a registered agent service solves this issue. These services keep their offices open at the correct times to receive essential documents on your company’s behalf.
4. An Extra Layer of Privacy
You can expect tons of junk mail if you work from home and use your home address as your registered office. Plus, you might receive sensitive documents at inopportune times, such as when friends or neighbors are around.
Using a business office creates the same risk. Only this time, you may receive the documents in front of employees or clients.
Having a third-party registered agent means you build a barrier between your business and other entities. The result is increased privacy as the agent receives your mail and only forwards it when you’re ready to receive it.
5. More Peace of Mind
Anybody can access your registered office’s address because it’s on the public record. This easy access means you may receive a lot of junk mail alongside the essential documents you must pay attention to. That junk mail could lead to you missing the documents you need to see.
If this happens, your company risks missing filing deadlines or failing to respond to official notices. In addition to harming your professional reputation, these mishaps could lead to non-compliance. The best registered agent services ensure you don’t have to worry about these administrative issues.
Electing a Registered Agent in New Mexico
Every LLC and corporation operating in New Mexico must have a registered agent. Business owners and entrepreneurs must follow the appropriate processes to elect or change their registered agents.
The processes your company must follow to elect a registered agent vary depending on whether you operate an LLC, corporation, or nonprofit organization.
Your registered agent must also provide their consent to serve in the role. How they give this consent varies depending on the types of formation documents you need to complete.
Electing a Registered Agent as a New Mexico LLC
The state of New Mexico only allows LLCs to file their LLC formation documents online.
Create an online account with the New Mexico Secretary of State’s website.
Complete the state’s articles of organization document — E-File Domestic (NM) Limited Liability Company Formation.[3]
Submit the Statement of Acceptance of Appointment by Designated Initial Registered Agent form. This form acts as your registered agent’s statement of consent. It includes the registered agent’s name and signature and your company’s name.
Submit all these forms via your online account, along with state fees of $50.
Electing a Registered Agent for a New Mexico Corporation
Oddly, New Mexico doesn’t allow corporations to file formation documents online. Instead, you must print and complete the Articles of Incorporation - Profit Corporation form. Your registered agent’s contact information goes into Article 5 of this form.
Filing fees for this form vary depending on the number of your corporation’s authorized shares. The prices start at $100 and reach a maximum of $1,000.
After completing your forms, send them to the following address:
New Mexico Secretary of State
Business Services Division
325 Don Gaspar, Suite 300
Santa Fe, NM 87501
Electing a Registered Agent for a New Mexico Nonprofit Corporation
You elect a registered agent for a nonprofit by completing Article 4 of the Articles of Incorporation - Nonprofit Corporation form. Again, you can only do this physically in New Mexico[4], meaning you must post this form to the following address:
New Mexico Secretary of State
Business Services Division
325 Don Gaspar, Suite 300
Santa Fe, NM 87501
The state requires a filing fee of $25.
Changing a New Mexico Registered Agent
New Mexico LLCs and corporations use file formation documents differently. Still, all businesses use the same method to change their New Mexico registered agent.
Assuming you’ve created an online account on the Secretary of State website, locate and complete the Statement of Change of Registered Agent form.
Your new registered agent has to consent to their appointment. They do this using the Statement of Acceptance of Appointment by Designated Successor Registered Agent form. This form requires the registered agent’s address, name, and signature.
You must file all forms online, along with state fees of $20.
Avoid Penalties: Every business is legally required to have a registered agent in any state where it operates.
Prioritize Your Privacy: We go on record with the government so you don’t have to, meaning any legal actions come to us, not your home or office.
Stay Flexible: We are always available at a physical address during business hours, so you’ll never miss an official notice.
FAQs
Who serves as a New Mexico registered agent?
Any individual or business can serve as a New Mexico registered agent if they meet the requirements noted in this guide. You can also serve as your own registered agent.
How much does a registered agent in New Mexico cost?
Prices for a registered agent service vary. Swyft Filings’ registered agent service charges $99 + state fees quarterly.
How can I change my registered agent in New Mexico?
You can change your registered agent online by completing specific forms on the Secretary of State’s website, discussed in this guide.
How can I find a registered agent in New Mexico?
The New Mexico Secretary of State’s Corporations and Business Services website operates an online database of registered agents in the state. You can use this database to find a local registered agent.
What is a New Mexico registered office?
A registered office is a physical address your registered agent places on the public record. This address can’t be a P.O. box or mailing system.
What’s the difference between a registered agent, a resident agent, and a statutory agent?
Most use the terms registered agent, statutory agent, and resident agent as synonyms. However, a resident agent can also be an individual authorized to act on behalf of a property they don’t own.
What is a registered agent service?
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
Bibliography
Justia US Law. “2018 New Mexico Statutes.” Accessed December 14, 2022.
New Mexico Secretary of State. “Limited Liability and Corporation FAQ’s.” Accessed December 14, 2022.
New Mexico Secretary of State. “Domestic NM LLC.” Accessed December 14, 2022.
New Mexico Secretary of State. “Nonprofit Corporations.” Accessed December 14, 2022.
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