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New Mexico LLC Formation

Created by FindLaw's team of legal writers and editors.

Each state has laws governing limited liability companies (LLCs), including the steps it takes to start one. In New Mexico, for example, you start an LLC by filing the articles of organization with the New Mexico Secretary of State. The articles of organization must include the following:

  • The LLC's name;
  • The street address of the registered office and the name of the registered agent at that address;
  • The street address of the LLC's principal place of business (if different from registered office);
  • The duration of the LLC's existence (unless it's perpetual);
  • If the management is vested in a manager, a statement to that effect; and
  • If the LLC can carry on its business as a single member LLC, a statement to that effect.

While New Mexico doesn't require an operating agreement by law, it's a good idea to have one in place to clearly outline how the business will be run and the ownership structure of the LLC.

For your convenience, you can find all the necessary forms for starting an LLC in the state with FindLaw's New Mexico LLC Formation Package.

New Mexico LLC Formation at a Glance

The following table summarizes the basic steps to start an LLC in New Mexico. You can also find links to relevant statutes and government websites. While this table can answer many of your questions, it's important to read the statutes for yourself and consult with a local attorney if you have any legal questions or concerns.

Statute(s)

New Mexico Statutes, Chapter 53, Article 19, Section 53-19-1, et seq. (Limited Liability Company Act)

Step-by-Step Process of Forming an LLC

Forming an LLC in New Mexico requires taking the following steps:

  1. Select a business name that isn't taken by another company and includes: limited liability company, limited company, LLC, L.L.C., LC, or L.C.
  2. File the articles of organization with the New Mexico Secretary of State and pay the required filing fee.
  3. Appoint a registered agent.
  4. Comply with applicable business tax requirements, which includes registering with the New Mexico Taxation and Revenue Department and filing a state income tax return.
State Agency in Charge of LLC Formation

The New Mexico Secretary of State is the government agency in charge of business organizations in the state.

Related Statute(s)

New Mexico Statutes:

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

New Mexico LLC Formation: Related Resources

If you'd like additional information and resources related to this topic, you can visit the links listed below.

Get Professional Legal Help With Forming Your New Mexico LLC

If you're thinking about starting an LLC in New Mexico, it's a good idea to consult with an experienced business organization attorney near you. A legal professional can answer any questions you may have and can ensure that you fill out and file your forms correctly and get your business started on the right foot.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.