A New Mexico registered agent is your business's point of contact for legal matters. Learn how having one can simplify compliance and help safeguard your company's interests.
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.
A registered agent is an individual or company that is designated by a business to receive important legal documents on behalf of the business. This position is necessary because it ensures 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.
According to New Mexico law (NM Stat § 53-19-5 [2019]), a limited liability company shall maintain in New Mexico:
(1) a registered office that may be the same as the limited liability company’s principal place of business; and
(2) a registered agent for service of process on the limited liability company that is either:
(a) an individual resident of New Mexico;
(b) 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
(c) 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 same registered agent requirements apply to corporations and other businesses that must register with the state.
Opting for a registered agent service offers a plethora of benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.
More importantly, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whoever 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. Your agent will handle these notifications privately, discreetly, and promptly.
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.
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, 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. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.
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 LLCs, this form costs $20, while it costs $25 for profit corporations and $10 for nonprofits.
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. 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.
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 street address in the state, and be available during business hours.
If a registered agent needs to resign, they need to draft a resignation statement and submit it to the 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.
Navigating the world of registered agents can be daunting, but we’re here to simplify the process for you. Our registered agent service helps ensure that your business never misses an important notice and always remains compliant with New Mexico state regulations regarding registered agents. With our reliable and efficient service, you can focus on growing your business while we handle the official communications.
Plus, with ZenBusiness, you get more than just a registered agent — you get a partner committed to supporting your business journey. Let us help you kickstart your enterprise with registered agent services that you can trust — choose ZenBusiness today!
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 700,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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