New Mexico Foreign LLC – Qualification and Registration


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If you already have an LLC in another state and want a New Mexico LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in New Mexico

Forming an New Mexico Foreign LLC

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in New Mexico, you need to register it with the New Mexico Secretary of State.

Step 1: Choose New Mexico Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements at the New Mexico Secretary of State. Your LLC’s legal name outside of New Mexico will be listed on the application, along with the name it will use in New Mexico. Take note of the requirements for naming your LLC

Check name availability at New Mexico’s business entity names and reserve your LLC name.

Step 2: Select New Mexico Foreign LLC Registered Agent

You’ll need a registered agent to form a foreign LLC in New Mexico and take note that a New Mexico registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries: 

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Step 3: File Registration of New Mexico Foreign LLC 

Fill out and submit a Foreign LLC Application for Registration form via email to Business.Services@state.nm.us or by mail to Secretary of State Corporations Bureau Chartered Documents Division 325 Don Gaspar, Suite 300 Santa Fe, New Mexico 87501.

Include the following:

  • LLC’s full legal name. 
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
  • LLC’s principal office and mailing addresses.
  • LLC formation state and date.
  • Registered agent’s name and address in New Mexico
  • Date when your LLC will start operations in New Mexico.
  • Credit card information on the last page of the form for the $150 application fee. 

The LLC cost in New Mexico, even for foreign LLCs will differ between online filing and by mail.

Step 4: Determine How Your New Mexico Foreign LLC is taxed

Foreign LLCs are also subjected to the New Mexico Business Privilege Tax, and they must file LLC annual reports each year.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Steps to Filing New Mexico Foreign LLC

Time needed: 5 minutes.

To start your foreign business through a limited liability company in the State of New Mexico, you must apply for Foreign Business Registration with the Secretary of State office. The cost of registration is $100. Once your application is approved, you shall receive a certified copy of your business registration document from the Secretary of State’s office. We have explained the aspects you need to cover when you register your foreign business in the State of New Mexico.

  1. Visit the Official Secretary of State of New Mexico website

    Go to the Business services section on the official website of the Secretary of State of New Mexico. The website offers online application filing options for different business-related activities for foreign businesses. Access the E-File Portal by clicking on the link, “Application for Registration (to conduct businesses in NM)”.

  2. Download the Application form PDF

    Upon clicking the link, the page navigates to a new page containing the Foreign Limited Liability Company Application for Registration. Download the application form PDF on your device. You can also download the Application Form PDF here.

  3. Follow the instructions

    Make sure to read all the instructions attached to the application form carefully and accordingly fill in all the details in the form. After filling in the details, review the application to ensure that all the information entered by you is true and correct to your knowledge. Do not skip any mandatory section as well. You must also fill out the Statement of Acceptance of Appointment by Designated Initial Registered Agent form attached to the original application form.

  4. Make the Payment

    Once you have covered every aspect of your application form, you can proceed to make the payment of $100 as the filing fee of your application. You can issue a money order or cheque payable to the New Mexico Secretary of State or NMSOS.

  5. Mail the application

    After making the payment, arrange all the documents together and mail it to the following address, New Mexico Secretary of State Business Services Division 325 Don Gaspar, Suite 300 Santa Fe, NM 87501.

After Forming New Mexico Foreign LLC

Here are added things you need to accomplish after forming your New Mexico Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC

It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form a foreign LLC in New Mexico. 

How Much Does It Cost to Register a Foreign LLC in New Mexico

To register as a foreign LLC in New Mexico, you can file online by paying a filing fee of $100 to the New Mexico Secretary of State.

How much does it cost to register a foreign limited liability company in New Mexico? There are a few steps that must be followed. There are a few exceptions to the general rule, though. Generally, if you want to do business in a specific state, you must have a physical presence there and employees there. You can read more about physical presence and nexus in Nolo’s articles.

First, you must file an application for a foreign limited liability company. The application can be completed online or through a New Mexico Secretary of State office. You must pay a fee of $100 for the application, and be sure to attach a copy of the certificate of compliance if applicable. If the LLC does not have a certificate, you will need to pay an additional fee of $100.

Next, you must register an EIN Number. This number is also called an Employer Identification Number or Federal Tax ID Number. This number will be necessary if you want to register a foreign LLC in New Mexico. You can get one free from LLC University. Finally, you must have a legal name. The name of the foreign LLC must be at least one word in English and in any language.

As you can see, the process to register a foreign LLC in New Mexico is not too difficult. All you need is a good lawyer and an attorney, and you are all set! With a little help, you can form a foreign LLC anywhere in the country. You will also need to file an annual report with the state. However, the annual reporting requirement is waived in New Mexico.

Before you can register a foreign limited liability company in New Mexico, you need to file an application for foreign business registration with the New Mexican Secretary of State (SOS). The process is simple – just visit SOS to download the application form. To be eligible to operate in the state, you must have a certificate of good standing or existence issued by the appropriate agency. A valid certificate is required within thirty days. There is a $100 fee to file an application, so be sure to budget accordingly.

After you have obtained the certificate, you must file the Foreign Limited Liability Company Application for Registration with the New Mexican Secretary of State. You can do this either online or in person. However, you must make sure the name of your foreign limited liability company is unique and not already registered in the state where you live. You should also remember that you must file all required paperwork, pay applicable fees, and appoint a registered agent in New Mexico.

The cost to register a foreign LLC in New Mexico depends on the type of business you are conducting. Different businesses require different licenses. You can find federal business licenses and statewide registrations through the U.S. Small Business Administration. You can also find information on local business licenses by contacting the Chamber of Commerce in your city. The fees vary, but the cost is generally not excessive.

F.A.Qs

What is a foreign LLC in New Mexico?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in New Mexico.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

A domestic LLC is a company registered in New Mexico as an LLC. The entity type that has a physical presence in another state is a foreign LLC.

In Conclusion

Starting a foreign LLC in New Mexico does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.

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