New Mexico Registered Agent: Everything You Need to Know
A New Mexico registered agent is a person or entity designated to accept legal mail and filings for an LLC or corporation in the state of New Mexico. 3 min read
2. When Do I Need to Designate a Registered Agent?
3. What Are the Basic Requirements for a Registered Agent?
4. What Is a Foreign LLC?
5. What Are the Requirements for Registering a Foreign LLC in New Mexico?
6. What Are My Options for Choosing a Registered Agent?
7. What Happens When I Choose a Commercial Registered Agent?
8. Where Can I Find a Commercial Registered Agent?
New Mexico Registered Agent
A New Mexico registered agent is a person or entity designated to accept legal mail and filings for an LLC or corporation in the state of New Mexico. Having a registered agent is a requirement when forming an LLC or a corporation.
In the event that an LLC or corporation is sued or receives other types of legal documents, they are presented to the registered agent during regular business hours and the agent signs for them. The documents are then given to the appropriate person by the agent. This is due to the time-sensitive nature of most legal fillings.
In New Mexico, a registered agent can also serve as a general point of contact for the business. This means that they can also receive business and tax-related documents to the address on file for the registered agent.
If a registered agent is not designated on the filing for a Certificate of Authority, Certificate of Registration or incorporation, it may be denied by the state of New Mexico.
When Do I Need to Designate a Registered Agent?
A registered agent must be designated for an LLC or a corporation at the time of filing for a Certificate of Authority, Certificate of Registration or incorporation.
A certificate of authority filing requires a certificate of good standing from the home state where a foreign LLC was originally formed.
What Are the Basic Requirements for a Registered Agent?
The registered agent you choose for your LLC or corporation must:
- Have a street address
- Accept legal documents, business, and tax notices
- Be available during business hours (P.O. boxes are not allowed.)
Notices of annual report are also mailed to the registered agent's office and then forwarded to the appropriate LLC.
What Is a Foreign LLC?
A foreign LLC is a term that refers to an LLC that was formed and registered in one state and then brought or expanded to another state. A foreign LLC that comes to the state of New Mexico must meet the state's requirements including getting a new registered agent.
What Are the Requirements for Registering a Foreign LLC in New Mexico?
Foreign New Mexico LLC's have a $100 state filing fee and must have a New Mexico registered agent. When filing a New Mexico certificate of authority as a New Mexico foreign LLC or foreign corporation, you will need to get a certificate of good standing (current within 30 days) from your home state. It needs to be an original copy unless filing it was issued electronically.
What Are My Options for Choosing a Registered Agent?
In New Mexico, the options for choosing a registered agent are fairly straightforward. The first is that you can designate yourself as the registered agent. As long as you have a street address in New Mexico and are available during business hours, acting as your LLC's registered agent is a viable option.
Second, if you prefer not to act as your own registered agent or are unavailable during certain business hours for meetings or other obligations, asking someone else to do it may be an option. The person can be a family member, friend or associate. So long as that person has an address in New Mexico and is available during business hours, they can do it.
The final option is to employ a commercial registered agent. These businesses handle the duties of a registered agent for different LLCs. This means that a commercial agent is always available to receive all notices, legal and otherwise. So it's a more reliable option.
What Happens When I Choose a Commercial Registered Agent?
A commercial registered agent handles the duties of a registered agent for different LLCs. They usually charge for their services every year. The price averages between $100 and $300.
After finding one that works for your LLC, the registered agent service receives a Service of Process. After they have this, they accept mail on your LLCs behalf and will often send it to you via fax or email. So in this way, a commercial registered agent is a good way to meet the requirement of having one while not having to worry if someone is available.
Where Can I Find a Commercial Registered Agent?
There are many companies that provide Commercial Registered Agent Services. The best way to find one is to perform a search for websites that compare Registered Agent Services such as Credio. Read through their offerings carefully to determine which one fits your company the best.
If you need help with New Mexico registered agents, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.