There are a number of reasons you might need to change your New Mexico LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in New Mexico might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
The state of New Mexico has certain requirements for changing your LLC’s registered agent. Any business entity wishing to change its registered agent must submit a “Statement of Change
of Registered Office or Registered Agent” form and a “Statement of Acceptance” from the new registered agent to the Secretary of State’s office.
The New Mexico Secretary of State website has little information about registered agent changes, but the state’s LLC Act provides more insight.
You can’t pick just anyone to be a registered agent for your LLC. The state of New Mexico puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in New Mexico must:
* If your registered agent is a foreign business entity, it must be authorized to transact business in New Mexico
Your new registered agent is ready to take on their responsibilities. All that’s left is to get their name on record. To do so, head over to the Online Services page and select “Change of Registered Office or Registered Agent or Both.” This form has four parts:
You must complete and submit pages 2-4 and include a $20 fee, payable by check or money order, made out to “New Mexico Secretary of State.” When you’ve compiled your documents and payment, mail everything to:
Business Services Division
325 Don Gaspar, Suite 300
Santa Fe, New Mexico 87501
In certain states, you can change your registered agent by updating your Annual Report or Articles of Organization, but in New Mexico, you cannot. You must file a Statement of Change form.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? You’re good to go! Processing times can take up to 15 business days, but if you’re in a hurry, same-day or two-day expedited services are available for an additional fee.
Think of your registered agent as a mediator between you and the state of New Mexico, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
A lot of important stuff. Which is why a reliable registered agent is essential to every New Mexico business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a New Mexico small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good New Mexico registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent services,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the best registered agents. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness and Northwest are two very well known options.
There are numerous reasons you might need to give up your New Mexico registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for New Mexico LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
The only entity you’re required to notify when you resign is the Secretary of State. Then, once they process your resignation, they will send a copy to your LLC. That said, it’s often helpful for everyone involved if you inform your company beforehand. This gives them more time to plan for a change of registered agent and facilitate a smooth transition.
Plus, it will help you pass off your duties sooner. Your resignation doesn’t take effect right away. In fact, you remain on file for 30 days after the Secretary of State processes your statement. But if your LLC already has a replacement lined up, that person can step in right away and take over.
After you’ve reached out to your LLC, you’re ready to formally resign. If you’re searching the Secretary of State website for an official statement of resignation document, you won’t find one because New Mexico doesn’t have one, so you’ll need to create your own. When drafting a statement of resignation, make sure to include:
That wasn’t so bad. And what’s even better is that there’s no filing fee, so put your checkbook away – you won’t need it. What you will need is a Document Delivery Instruction form, which is required for all New Mexico business submissions to ensure expediency in the filing process. Include the Document Delivery Instructions with two copies of your statement of resignation, and send everything to:
Office of the New Mexico Secretary of State
ATTN: Corporations Bureau
325 Don Gaspar Ave, Suite 300
Santa Fe, NM 87501
Or, if you live in Santa Fe and you’re out running errands, you may hand-deliver them to the 3rd floor of the State Capitol Annex North Building, located at the same address. Faxes, sent to (505) 827-4387, are also allowed.
Typical processing time for the Secretary of State’s office is ten business days. Not fast enough? Submit an Expedite Form and pay $100 for two-day service or $150 for same-day service. As mentioned above, your resignation won’t officially take effect until 30 days after it’s processed unless your LLC brings on a replacement sooner. Just be aware that you may still receive service of process for up to a month after you resign.
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. After you’re off the books and the LLC is without a registered agent, they have 30 days to appoint a new one before falling into delinquency. If they still haven’t appointed someone 60 days after that, the LLC will be administratively dissolved by the state.
As a reminder, anyone appointed as your replacement must meet New Mexico’s registered agent requirements. They must:
Some companies opt to appoint one of their individual members as the registered agent and, while this is allowed, it can save a lot of time and stress to use a professional service instead.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your New Mexico LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in New Mexico or something completely different.
If you need a fresh start and would like to form a brand new LLC, there are plenty of services that can take care of this for you. ZenBusiness and LegalZoom are two very popular options.
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