New Mexico Registered Agent: LLC Guide
What is a New Mexico Registered Agent?
A New Mexico Registered Agent is an individual or business that consents to receive legal correspondence and official notices on behalf of your New Mexico LLC.
If your LLC is sued, legal papers, often called Service of Process, are mailed to your Registered Agent. Additionally, the state may forward notices and reminders to your LLC through the Registered Agent.
A New Mexico Registered Agent must be available during standard business hours (9 am to 5 pm), Monday through Friday.
Your LLC's Registered Agent in New Mexico must have a real street address in the state. PO Box addresses aren’t allowed.
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Is a Registered Agent Required in New Mexico?
Yes, New Mexico mandates that all business entities designate a Registered Agent when filing their LLC formation documents. Additionally, a Registered Agent must be maintained with the state for the duration of the LLC's existence.
Why is a Registered Agent Required in New Mexico?
If your company is sued, a Registered Agent will take legal documents and ensure that your LLC has confirmation of receipt.
Because of this, all businesses including corporations and LLCs are required to have a Registered Agent on file with the state.
Alternatively, the Registered Agent of your LLC is an important player in the legal proceedings. For each LLC, New Mexico guarantees the appropriate delivery and tracking of court documents by maintaining a Registered Agent on file.
Who can be my Registered Agent in New Mexico?
You have three options for choosing your New Mexico Registered Agent:
- You
- A friend or family member.
- A Registered Agent Service in New Mexico
Opting to be your Registered Agent might save you money, but it does come with some risks.
What are the risks?
If you choose to be your own New Mexico Registered Agent, you may face several risks, including:
- Overlooking important state notices
- Facing administrative dissolution
- Missing Service of Process, which could lead to legal problems
These issues are more likely if you:
- Move without updating your address with the state
- Travel or are away for long periods
- Lack of dependable physical address
- Fail to monitor your mail consistently
We’ll go over these risks in more detail below.
Missing an important notice from the state
The Secretary of State of New Mexico or other state agencies must promptly send essential notices to your business.
These notices often include actions your LLC needs to take by certain deadlines. If you miss these deadlines, you could face penalties and extra fees.
Administrative Dissolution
If you're acting as your LLC's Registered Agent and move without updating your address with the state, your LLC could be dissolved by the New Mexico Secretary of State.
The state doesn't check on your LLC daily, but if it discovers your address is out of date and can't contact you, it might decide to shut down your LLC.
Default Judgment
If your LLC is involved in a lawsuit, the process server will try several times to hand over the court documents to your business.
This means that the individual suing your LLC does not need your defense to proceed with their case against your company. Usually, your LLC is hit with a default judgment as a result.
In this case, the individual suing your LLC does not need your presence to defend your company. Usually, this results in a judgment by default against your LLC.
Contempt of Court
If your LLC is part of a lawsuit, you might get a subpoena. This is a request for you to testify or give records.
If you don't respond, you could be held in contempt of court. This might lead to fines or a bench warrant, letting the sheriff take your records or force you to go to court.
Should you be your own Registered Agent?
You can be your own Registered Agent in New Mexico. Although there are some risks, they are relatively uncommon, and handling them yourself can save you money.
However, using a professional Registered Agent Service can offer extra advantages, like keeping your address private.
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Registered Agent Details Are Public Records in New Mexico
As the Registered Agent of your LLC, you may name a friend or member of your family. However, this implies that the public will be able to access your home address.
The information you offer in your Articles of Organization, including the address of the Registered Agent, is kept on file with the New Mexico Secretary of State as a public record.
Your address will be available to the public and could show up on many websites if you list it as your LLC’s Registered Agent address.
Once other sites get this information, it spreads, and your address might be found easily with a Google search.
If you want to keep your address private, we can help with that.
How to Keep Your Address Out of Public Records
Many New Mexico business owners operate from their homes but be aware that the address of your Registered Agent on your LLC Articles of Organization will be listed in public records.
To keep your home address private, consider hiring a New Mexico Registered Agent Service. They can provide their address for your Articles of Organization, keeping your address off the public record.
What’s the best choice for a New Mexico Registered Agent?
The best New Mexico Registered Agent for your business depends on several factors.
You:
You can be your own Registered Agent in New Mexico if:
- You live in New Mexico
- You have a physical address in New Mexico
Keep in mind that your address will be listed on public records.
Why choose this? It's a good way to save money because you don’t have to pay for a Registered Agent Service.
Friend or Family:
A friend or family member can be your New Mexico Registered Agent if:
- They live in New Mexico
- They have a physical street address in New Mexico
They also need to be okay with having their address listed on public records.
Why choose this? It's a good choice if you’re not a New Mexico resident and want to save money, as you won't need to hire a Registered Agent Service.
New Mexico Registered Agent Service:
A New Mexico Registered Agent Service (also known as a Commercial Registered Agent) is a company that handles receiving mail and legal documents for your LLC.
These services typically cost between $100 and $300 per year. They will either forward the mail they receive to you or upload it to your online account.
Why choose this option? It's a good choice if you:
- Don't live in New Mexico
- Don't have a friend or family member whose address you can use
- Won't be available during normal business hours to receive mail
- Prefer not to have your address listed in the Articles of Organization
Need to save time?
Consider hiring a professional to set up your LLC: Northwest Registered Agent offers LLC formation services starting at $39 plus the state fee.
(Find out why Northwest is the top choice for LLC formation)
New Mexico Registered Agent FAQs
How much does a Registered Agent cost in New Mexico?
If you (or a friend or family member) will be your Registered Agent, there is no cost.
If you prefer to hire a Registered Agent Service, it will typically cost between $100 and $300 per year.
What does a Registered Agent do in New Mexico?
A Registered Agent is a person or company designated to accept legal documents and notices on behalf of your LLC.
Service of Process is sent if your LLC is involved in a lawsuit.
Additionally, the Registered Agent may receive notices and reminders from the New Mexico Secretary of State.Registered Agents should generally be available during regular business hours.
Can a family member be a Registered Agent in New Mexico?
Yes, a family member can be your Registered Agent in New Mexico, provided they meet the legal requirements.
To serve as your Registered Agent, your family member must have a physical address in New Mexico (PO Boxes are not allowed). They must also be available at that address during normal business hours.