When you’re ready to incorporate, you’ll file Articles of Incorporation with the Office of the New Mexico Secretary of State. Note that once you file your Articles of Incorporation, the information they contain becomes public record.
How to Complete the Articles of Incorporation Form
After you complete your Articles of Incorporation, you can mail, fax, or deliver them in person to the Secretary of State’s office. New Mexico doesn’t currently allow online filing of Articles of Incorporation. While you can’t file your Articles of Incorporation online, you can download an online form to print and fill out for offline filing.
For a domestic (in-state) entity filing Articles of Incorporation, you must include the following information:
- The name of your corporation. It must include “Corporation,” “Limited,” “Incorporated,” or an appropriate abbreviation.
- Official office. This is your principal place of business, and it must have a physical mailing address. You cannot use a P.O. Box.
- Duration. Basically, you’re being asked how long you expect your business to exist. If you expect it to last for a set period, enter the number of years projected. If it will be open indefinitely, check “Perpetual” on the Articles of Incorporation form.
- The number of authorized shares. In New Mexico, you don’t need to include the par value of the shares. Par value is the face value of an individual share set by the company. If the shares have series or classes, however, you must attach a schedule that outlines their limitations and rights.
- Registered agent. Every New Mexico corporation is required to have a registered agent. The registered agent receives government and legal documents on your company’s behalf. The agent must reside in the state and have an office open during regular business hours. You can appoint someone, use another corporation, or be your own registered agent. The registered agent must complete a Statement of Acceptance of Appointment, which is included with the downloadable Articles of Incorporation form.
- The purpose of your corporation. This may be a brief descriptor, such as “car repair” or “plumbing.”
- Directors. List the names and addresses of your initial directors. New Mexico law requires only one initial director. But if you plan to operate a nonprofit corporation, the IRS requires that a company have at least three directors to qualify for tax-exempt status.
- Incorporator. This is the individual who signs your Articles of Incorporation. You’ll need at least one, but you can have more. Include their names and addresses.
Note that the name of your business must not be in use by any other business in New Mexico. You can check the New Mexico Business Search page to see if your name is available.
Or, once you find a name that you like, you can use ZenBusiness’s Business Name Reservation Service to protect it from being claimed by another New Mexico business until you’re officially incorporated.
You must also select a registered agent. You can be your own registered agent, but there are reasons you may want to avoid this. For instance, the registered agent is the point of contact for official notices, like subpoenas, which may be embarrassing to receive in front of clients.
ZenBusiness offers a Registered Agent Service. Our registered agent providers will accept documents on behalf of your corporation, and then post them to your ZenBusiness dashboard so you can examine them when needed.
Include supplemental form(s)
Supplemental forms you might need in New Mexico include:
- The Certificate of Good Standing (for a foreign corporation)
- A schedule that shows the classes or series of your shares and outlines their limitations and rights
- The Statement of Acceptance of Appointment signed by the registered agent
How to Submit the Form
There are fees involved with filing your Articles of Incorporation in New Mexico. There’s a basic fee for up to 100,000 shares. If you need the process expedited, you can do so for an extra fee. You need to file an original and one copy. Don’t forget to include the registered agent statement and your fees.
In New Mexico, it can take a few months to complete the Articles of Incorporation approval process. You can pay a fee to expedite the process, which cuts the process to two business days. For an additional fee, you can complete it in one business day. The expedite fee must be on a separate check. Don’t pay for the original Articles of Incorporation fee and the expedite fee on the same check or it will be rejected.
After you file, you’ll want to make sure you stay in good standing with the state. Use our Worry Free Compliance service to put your mind at ease and focus on what’s important.
Handling the various tasks required to file your Articles of Incorporation can be a time-consuming process. ZenBusiness can help. We can complete your Articles of Incorporation as part of our Business Formation Plans. This means that you can get your business up and running as soon as possible.
New Mexico Articles of Incorporation FAQs
What does it cost to incorporate in New Mexico?
For the most current fees and methods of payment available, check with the New Mexico Secretary of State website.
How long does the incorporation process take in New Mexico?
The normal timeframe is up to three months. You may shorten the process to one or two business days if you pay expedite fees.
Who processes the New Mexico Articles of Incorporation?
The New Mexico Secretary of State processes Articles of Incorporation.
What New Mexico statute governs the New Mexico Articles of Incorporation?
New Mexico Statute § 53-12-2. governs the New Mexico Articles of Incorporation.
Do I need an attorney to file the New Mexico Articles of Incorporation?
No, you can file them without an attorney.