The first step in forming a New Mexico Limited Liability Company is to make sure the name you want is available, as each LLC name has to be different from other registered entity names in the state of New Mexico. 

In addition to the name being unique, the entity designator (identifier used at the end of the business name) must be either:
– Limited Liability Company
– Limited Company
– Limited Liability Co.
– Limited Co.
– Ltd. Company
– L.L.C.
– LLC
– L.C.
– LC.
– Ltd. Co.
– Ltd Co

If you haven’t verified already, be sure to do a New Mexico LLC name search with the Secretary of State to be sure the LLC name you want is available by entering a name in the second box and clicking on “Search Entities.”

The effective date refers to the date when the LLC is legally able to transact business.

If you want the LLC to start immediately (as most will), choose today’s date.  If you want the LLC to start later, enter a date less than 90 days in the future to start. 

In the first box, we are being asked about the LLC’s period of duration, which is asking if there is a specific date in mind to close the LLC. If you intend the business to exist forever, which most businesses do, leave “Perpetual” selected.  If you have a specific end date in mind (typically used for investment-related businesses), choose how long the LLC will operate after selecting “The period of duration is.”

The next field is an optional section where the Secretary of State asks for basic information about what the business will do.  Some will use a statement that keeps the business purpose open-ended that says, “The LLC will and engage in any lawful business activity for which a Limited Liability Company may be organized in New Mexico,” while others may provide more detail.

Related: How to Answer the Business Purpose Statement.

Every New Mexico LLC must have a registered agent who is responsible for receiving legal documents on behalf of the LLC. The registered agent must either be a New Mexico resident or a business with a physical office in the state of New Mexico.

You can either appoint an individual such as yourself as the registered agent or appoint someone else, such as a friend, or family member (Select “Individual”), or an entity such as a professional registered agent service (Select “Entity”).

The main requirement to be a New Mexico registered agent is that the agent will be available during normal business hours at the physical address that is listed in the Articles of Organization.

Related: Who can be a New Mexico registered agent?

Next, there are a few fields related to the location of the business.

First, the email and phone number are requested. These are optional fields, but I would consider adding them as it gives the Secretary of State a way to contact you.

Then, the address of the principal place of business is required. In this section, enter the street address, city, state, and zip code of the initial principal office.  This address can be the LLC’s physical address, or it can be the address where the business records are stored.  You may not use a PO Box for the principal place of business, but it can be the same as the Registered Agent to provide some additional privacy.

Last, you can enter a mailing address if you prefer mail from the Secretary of State to be sent somewhere other than the principal place of business. This doesn’t have to be in the state and can be a PO Box if preferred.

This section asks for information regarding the LLC’s managers and members.

– Managers, are people hired by the members to run the LLC, similar to a CEO of a corporation (not common for smaller LLCs). Include the contact information of any managers and if the LLC is managed by a manager, select “Yes” or “No.”

– Members are the owner(s) of an LLC.  Enter the contact information of any members. If the LLC is owned by just one person, click “Yes” on the statement “The Limited Liability Company may carry on its business and affairs as a single member Limited Liability Company.”

At least one member must be entered. 

Next, enter the name and mailing address of the LLC organizer(s) who are forming the entity. This can be an individual, such as an LLC member or attorney, or a business, such as an LLC formation service.

An email address and phone number are requested. I would recommend including these if there are problems with filing the Articles of Organization. Otherwise, the Secretary of State will mail questions which will delay the formation of your LLC.

A signed statement from the registered agent accepting the appointment is required before filing the Articles of Organization. Have the registered agent sign the document and upload it.

If there are additional items you wish to include regarding the formation of the LLC (not common), attach them in this section.

In step 10, the Organizer will need to certify the Articles of Organization. To add an Authorizer’s Name, click on the “Authorized By” box found in step 7

Next, review the submitted information to ensure it is correct. If everything is correct, click “Continue.”

Last, enter your method of payment and submit the Articles of Organization to the New Mexico Secretary of State!