Get a New Mexico Registered Agent

Before you start a limited liability company (LLC), corporation, or other state-registered business in New Mexico, you’ll need to appoint a registered agent. But what is a registered agent? What are they required to do, and who can be one? We’ll answer those questions below.

What is a New Mexico registered agent?

A registered agent is an individual or company that is designated by a business to receive important legal documents and state notices on behalf of the business. In other states, it’s sometimes referred to as a resident agent or statutory agent.

But regardless of the title, the position of registered agent is necessary because it helps ensure that the right people within a business are notified in the event of time-sensitive events such as service of process for lawsuits, tax notices, and garnishment notices against employees.

Who can be a registered agent in New Mexico?

NM Statute § 53-11-11 states that any agent appointed by a corporation or limited liability company needs to fulfill the following New Mexico registered agent requirements:

• The registered agent can be an individual who’s a resident of New Mexico; a domestic corporation, limited liability company, or partnership having a place of business in New Mexico that is the same as the registered office; or a foreign (out-of-state) corporation, limited liability company, or partnership authorized to transact business in New Mexico having a place of business that is the same as the registered office.
• The registered agent must be present at the registered office, which can be the same as the company’s principal place of business (but it doesn’t have to be). They must be present at this address during all normal business hours. The registered office must be a real, physical business address; a P.O. box or a virtual office address doesn’t count.

These same registered agent requirements apply to other registered business types like limited liability partnerships and nonprofit corporations.

As long as a person or business can fulfill these requirements, they can serve as a registered agent for a business.

Benefits of Using New Mexico Registered Agent Services

Opting for a registered agent service offers several benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to work around town and travel without worrying about your legal mail. If you serve as your own registered agent, you’ll be required to stay at the registered office during all normal business hours, which makes meeting up with clients, going on vacation, etc., difficult. Many reliable registered agent services also offer extra perks like digital access to your critical documents, compliance reminders, mail forwarding, and more.

In addition, a professional registered agent company can help protect you from potential embarrassment. It is technically legal to serve as your own registered agent. But if you’re acting as your own agent, you’ll have to accept service of process yourself, which means whomever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. The best registered agent services handle these notifications privately, discreetly, and promptly.

Whether you’re leaning toward being your own agent or hiring one of the top registered agent services available to you, you’ll need to assess which option is right for your business.

How is a registered agent appointed in New Mexico?

You must name your registered agent when you complete the official paperwork with the state to form your business, so you need to decide who your registered agent or registered agent service will be before you begin that process. Be sure to inform whomever you’re appointing and get their permission to serve in that role.

How much does it cost for a registered agent in New Mexico?

The cost of a registered agent in New Mexico varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal. The expenses are primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered (but they might give you free registered agent service for a temporary period). While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance with your state’s registered agent requirements, protecting your professional image, and offering added peace of mind for crucial legal documents — often justify the cost for many businesses.

Cost of Changing Registered Agents

New Mexico allows you to change your registered agent by filing a Change of Registered Office/Registered Agent form online with the Secretary of State. For New Mexico LLCs, this form costs $20, while it costs $25 for profit corporations and $10 for nonprofits. These numbers don’t take into account any registered agent fee charged by your new agent.

Please note that New Mexico no longer accepts paper forms, so online filing is your only option.

How to Change a Registered Agent in New Mexico

Changing your registered agent in New Mexico requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet New Mexico’s requirements for registered agents.

After you’ve selected your new agent and gotten their consent, you’ll need to file the Change of Registered Office/Registered Agent form online with the Secretary of State’s online portal. This form has several sections, including the Statement of Change, the Statement of Acceptance, and instructions for delivering the completed documents. It costs $10-25 to submit depending on your business type, but once filed, your new agent will be on record for your business.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be a New Mexico resident or a business authorized to conduct business in New Mexico, have a physical address in the state, and be available during business hours.

New Mexico Secretary of State Contact Information

Resignation of New Mexico Registered Agent

If a registered agent needs to resign, they need to draft a resignation statement and submit it to the New Mexico Secretary of State. You’ll stay on file as the agent for 30 days after submitting a resignation unless the business appoints a replacement sooner.

Steps to Remove a Registered Agent

1. Notify your business: Technically, you don’t need to notify your LLC or corporation in advance of filing your resignation; the Secretary of State will notify them on your behalf. But as a professional courtesy, it’s recommended to notify them yourself. Advanced notice will give the business extra time to appoint a replacement.
2. Submit your resignation: New Mexico doesn’t provide a pre-made resignation form, so you’ll need to draft your own statement of resignation. File it along with a Document Delivery Instruction form. There’s no filing fee.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the business’s good standing.