How to Find a Registered Agent in New Mexico (Step-by-Step Guide)
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New Mexico registered agent requirements
As with any role in a business, registered agents have certain requirements that must be met. They are as follows, depending on whether you plan to be your own registered agent or hire a registered agent service.
Being your own registered agent
Being your own registered agent means you need to be at least 18 years old and a resident of New Mexico State. You should also have a street address in New Mexico where you can be reliably found throughout the week during business hours.
These same rules would apply to any other individual you might designate to be your registered agent as well.
Hiring a New Mexico registered agent service
If you plan to hire a registered agent service, there are some different requirements that must be met.
A professional registered agent service — also known as a commercial registered agent — is a business that specializes in registered agent services for other businesses throughout the State of New Mexico. Many commercial registered agent companies have offices in numerous states or even all 50 states. This is handy if you plan on expanding your small business and offering your goods or services in other states in the future.
In order to qualify as a commercial registered agent in New Mexico, registered agent companies need to be registered to conduct business in the state and have a physical street address in the state where they can receive, file, and forward official documents on behalf of their clients.
Why use a registered agent service
Below, we’ve outlined a list of the top reasons to consider using a commercial registered agent service as opposed to appointing an individual employee or yourself as registered agent.
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Privacy
When you hire a registered agent company, their address becomes your registered agent address. But if you appoint yourself to be your LLC’s registered agent, your home address will be used. This means it will be available on public record whenever anyone searches for your company.
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More time
Spend your precious work hours doing important jobs to grow and improve your new corporation or LLC. Don’t waste them on registered agent duties.
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P.O. box use
Prefer to use a P.O. box for your business? If you’re your own registered agent, you can’t use a P.O. box address. If you hire a service, this is fine.
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Same-day document access
It is critical to act immediately on important documents and legal service of process notifications. You won’t have to wait if you hire a registered agent. Generally speaking, they’ll be able to get you your documents on the same day they arrive.
New Mexico registered agent costs
One of the first questions many New Mexico businesses have is: “how much will a registered agent cost in New Mexico?”
This depends. Largely, it depends on whether you decide to have a registered agent company be your registered agent or appoint yourself or a close family member or friend to the position.
For the latter options, you don’t have to pay anything. It’s free. Of course, it’s still going to cost you or the appointed individual a lot of time and energy. This is not an easy job. On the other hand, if you end up hiring a commercial registered agent company, the cost will usually be between $50 and $300 — charged annually.
On the other hand, many registered agent companies will give you a discount for your first year of services. That’s because most registered agent companies also do business filings and incorporation filings.
Therefore, these companies will often include one year of registered agent services if you hire them to perform your business incorporation. Of course, this is not true of all businesses, so it’s important to always inquire first.
How to change a registered agent in New Mexico
Changing your New Mexico registered agent is a relatively straightforward process. Follow the steps below.
- Choose a new registered agent in New Mexico. Choose a new commercial registered agent or select an individual for the job. You can also act as your LLC or corporation’s own registered agent.
- Notify your current/old registered agent that you will be changing registered agents. You’ll want their services to come to a full stop. Obtain any remaining documents or paperwork from them.
- Go to the New Mexico Secretary of State’s website to obtain a Statement of Change of Registered Agent form.
- Fill out the form and submit it to the New Mexico Secretary of State along with the filing fee. You can typically pay the fee by credit card.
Switching to a commercial registered agent company? Have them perform this filing for you, and they may also pay the fee.
Why you need a registered agent
If you have a business in New Mexico and you would like to incorporate it to create a limited liability company (LLC) or a corporation, you will need to have a registered agent according to state law. Businesses in all 50 states need to have registered agents.
The reason you need a registered agent is so that your official mail and state business can be handled carefully and taken care of right away. The state wants to know that you will have a designated individual or entity receiving your official legal notices.
Having a registered address on file fulfills this requirement. The office address of your registered agent will be your official registered address.
You may choose yourself as your registered agent. You can ask a family member to be your registered agent too. An employee at your business can also be your registered agent. Or, you can hire a business entity to be your registered agent.
Most New Mexico LLCs opt for this last choice and hire a professional registered agent service company to act as their registered agent.
When you need a registered agent
The registered agent position needs to be filled when incorporating your business. The process of incorporation means that you are creating a separate business entity in the State of New Mexico. Businesses can choose to “incorporate” and become a limited liability company (also known as an LLC). Or, they can become a C-corporation (also known as a C-corp.) or an S-corporation.
These designations mean that your business has been registered with the State of New Mexico. This is a process that requires a lot of paperwork and some filing fees. Part of the process involves choosing a registered agent.
In New Mexico, businesses must choose a registered agent after they have chosen their business name. Choosing a business name involves doing a search of the business names you are considering on the New Mexico Secretary of State website.
You want to be sure that you’ve chosen a name that no other business in the state has. There are additional naming guidelines to follow as well.
Once this is done, you will fill out the registered agent information. You will need your chosen registered agent’s full name and registered agent address. Following this step, there are other steps that must be completed in order to fully incorporate your business in New Mexico.
Useful links
Here are several useful websites and forms for choosing a New Mexico registered agent and incorporating your new LLC or corporation.
FAQs
What is a resident agent in an LLC in NM?
Resident agents are the same as registered agents. New Mexico LLCs are required to have registered agents. This is a position that must be specified in every business’s formation documents (Articles of Incorporation).
How much does a New Mexico registered agent cost?
If you plan on hiring a registered agent company to be your registered agent in New Mexico, you can expect to pay anywhere between $50 and $300 a year for their services.
Can you be your own registered agent in New Mexico?
Yes. Any business owner can be their own registered agent in New Mexico. Keep in mind that you must be a resident of New Mexico, have a physical address in the state (this can’t be a P.O. box address), and be over the age of 18. You must also be available at your registered agent’s address during normal business hours.
What’s the difference between a resident agent and a registered agent?
There is no difference between a resident agent and a registered agent. A statutory agent is the same thing. This is a business entity or person who accepts business mail, legal documents, and official correspondence for another LLC or corporation in New Mexico.
How do I change the registered agent for my LLC in New Mexico?
If you would like to change your registered agent in New Mexico, get a Statement of Change of Registered Agent form from the New Mexico Secretary of State. Fill it out, and file it with the Secretary of State along with the required fees.
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