New Mexico Foreign Registration/Registered agent
Choosing and changing a New Mexico registered agent for a foreign LLC
Naming a New Mexico registered agent is part of the $100 foreign LLC registration, and the agent must be an individual resident of New Mexico, or a domestic or foreign corporation, LLC or partnership that has a place of business at the registered office. The agent signs a statement accepting the appointment, and changing agents later costs $20. The rules sit in sections 53-19-5 and 53-19-48 of the New Mexico Statutes Annotated.
The agent rules at a glance
- Who may serve
- an individual resident of New Mexico, or a domestic or foreign corporation, LLC or partnership that has a place of business at the registered office
- Registered office
- a registered office that may be the same as the principal place of business
- Acceptance
- A signed statement, uploaded as a PDF
- Change fee
- $20
- Agent's own address change
- $20
What a registered agent does
The agent is the person or business at a New Mexico address who receives service of process for the LLC. A lawsuit against the company can be served there, and the papers reach the company through the agent. Use an address in New Mexico that someone actually staffs, since legal papers will be delivered there.
Who qualifies
Section 53-19-5 lets the agent be an individual resident of New Mexico, or a domestic or foreign corporation, LLC or partnership that has a place of business at the registered office. An individual has to live in New Mexico. An entity has to be based at the registered office address. A foreign entity qualifies only when it is itself authorized to do business here.
The acceptance statement
The application is filed with the agent's original signed statement accepting the designation. In the portal that is a PDF called the Registered Agent Statement of Acceptance. Get the agent to sign it before you start, since the portal expects the upload during the wizard.
The backstop: the Secretary of State
The application also carries the fallback statement that names the Secretary of State as agent when the appointed agent resigns without a successor, loses authority, or cannot be found with reasonable diligence. That is a fallback only. Relying on it means papers go to a state office first.
Registered office
The company keeps a registered office in New Mexico, and the Act lets that be its principal place of business. An LLC with a real New Mexico office can use that address. One without a New Mexico presence uses the agent's office.
Changing the agent or the office
Either change is made by a statement filed with the Secretary of State naming the company, its current agent and office, and the new agent (with the agent's signed acceptance) or the new address. The Act sets a fee of $20 for the statement. If the agent changes only its own business address, the agent may file a statement for $20.
When the agent resigns
An agent can resign by written notice to the Secretary of State. If your agent resigns, appoint a replacement at once and file the change, so the application does not rest on the backstop agent.
The fees on the agent side
Replacing the agent or the office costs $20, and an agent changing only its own address pays $20. A registration followed by an agent change is $120.
Our agent service
We can act as your New Mexico registered agent, taken care of in year one, and the renewal is spelled out at checkout, or you can name your own. If you pick us, we sign the acceptance statement and list our New Mexico office on the application. Either way the agent has to meet the statute's test.
Choosing an agent
Look at four things. Is the agent reachable at the address on a weekday? Does it forward papers quickly and tell you it did? Does it serve many companies, in which case it should have a routine? Is its fee clear, and does it file a change statement if it moves?
Agent questions
Can the LLC be its own agent?
Only if it meets the statute's test for an entity agent.
Can someone who lives out of state be the agent?
Not as an individual. An individual agent must be a New Mexico resident.
What does an agent change cost?
$20 for the statement.
Does the agent sign anything?
Yes, a statement accepting the appointment.
Our fee and the New Mexico fee
Start my New Mexico registration
- The New Mexico application drafted from what you tell us
- Your home-state certificate checked against the thirty-day limit before anything is filed
- A New Mexico registered agent, supplied by us or named by you
- The filed record emailed to you
- Renewal: after the first year, the agent service renews at $149 a year
$199
+ $100 New Mexico fee (LLC)
Start my New Mexico filingNew Mexico charges $100 to register a foreign LLC. A foreign corporation pays at least $200. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Registering in New Mexico?
Choose LLC or corporation and give us the formation state.