Every state has its own requirements for forming an LLC (Limited Liability Company). Discovering New Mexico’s requirements can help you decide whether you wish to form a New Mexico LLC, and help you navigate the filing process smoothly.
Naming your NM LLC
Your LLC’s name must contain the words “limited liability company” or “limited company” or the abbreviation “L.L.C.”, “LLC”, or “L.C.” or “LC”. However, “limited” may be abbreviated as “ltd.” and “company” may be abbreviated as “co.”. In addition, your desired name must not be the same as or confusingly similar to the name of any domestic or foreign LLC or a name reserved by or registered by another LLC unless written permission of the other LLC is obtained. NM prohibits the words "Bank," "Insurance," "Little League," "Olympic" and "Trust" unless specific approvals are obtained.
The following are New Mexico’s requirements for the members/managers of LLCs:
- Minimum number. LLCs must have one or more members/managers.
- Residence requirements. New Mexico does not have a provision specifying where members/managers must reside.
- Age requirements. New Mexico does not have age requirements.
- Inclusion in the Articles of Organization. Member/Manager names and addresses are not required to be listed in the Articles of Organization.
Requirements for the Articles of Organization
You form a New Mexico LLC by filing a signed, original Article of Organization, a duplicate copy (which can be either signed or photocopied), a form showing the Registered Agent’s consent to serve, and the required filing fee. Once accepted, the duplicate copy is returned to you, along with a Certificate of Organization.
New Mexico's requirements include:
- Single-Member LLC. If your LLC will have only one member, then you must indicate that on the Articles of Organization
- Member-managed. If your LLC will be manager-managed, you must check that box on the Articles of Organization
A New Mexico LLC must include the name of its registered agent and its registered office address on the Articles of Organization. The registered agent must be physically present at the Registered Office. The address must be a physical address (no post office boxes) in New Mexico. Your agent must be available during normal business hours to accept Service of Process and other important legal and tax documents for the LLC. (New Mexico doesn’t permit the LLC to service as its own registered agent.)
New Mexico requires that a Registered Agent consent to the appointment. You must include the form “Statement of Acceptance of Appointment by Designated Initial Registered Agent” when you file the Articles of Organization.
Professional services businesses
New Mexico law does not provide for a Professional Limited Liability Company (PLLC). However, professionals, such as attorneys, accountants, architectures, and doctors, may incorporate as an LLC.