New Mexico corporation amendments

How to Amend New Mexico Articles of Incorporation

New Mexico law requires corporations to keep vital information up to date. Learn how to amend your Articles of Incorporation and how we can help you stay compliant.

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The only constant in life is change, and the same is true for New Mexico business owners. But what some business owners don’t know is that when you make certain changes to your New Mexico corporation, you need to update your information with the Secretary of State by filing an amendment to your Articles of Incorporation. If this seems overwhelming, don’t worry, we’re here to help. Let’s take a closer look at when you might need to file an amendment, how the process works, and how we can help.

Need to form your business first? Head over to our page on our New Mexico Corporate Formation service to see how easy we can make it!

What are New Mexico Articles of Incorporation?

Filing the New Mexico Articles of Incorporation registers your business with the Secretary of State, allowing the corporation to legally operate in the State of New Mexico. 

Your corporation’s Articles of Incorporation contains important information about your business, such as:

  • Name of the corporation
  • Duration of the corporation
  • Corporate purpose
  • Number and classes of shares the corporation is authorized to issue
  • Name and address of registered agent
  • Name and address of initial board of directors
  • Name and address of incorporator

However, a corporation may include other information as well. Frequently, the Articles of Incorporation will also contain provisions regulating the internal affairs of the corporation. 

Step 1: Determine if you need to change your New Mexico Articles of Incorporation

The information provided to the state in a corporation’s Articles of Incorporation is public record. This means that the Secretary of State’s database of registered businesses contains records of how to contact your business. 

Thus, when you make any changes to this information, it’s important to update the state. Doing so is crucial to ensuring that your business continues to receive adequate notice of any lawsuits, upcoming filing deadlines, and other important information.

Failure to promptly and properly file Articles of Amendment can result in penalties for your business. One such penalty includes the inability to obtain a Certificate of Good Standing

Occasionally, you may need a Certificate of Good Standing to verify that your business has met its statutory requirements and is authorized to do business in the state of New Mexico. For example, you may need a Certificate of Good Standing to: 

  • Contract with government agencies
  • Apply for loans
  • Open business bank accounts

If you don’t amend your Articles of Incorporation and are unable to obtain a Certificate of Good Standing, this can complicate matters for your business. Ultimately, this can hinder your ability to obtain financing and can stifle potential growth for your business.

Step 2: Review the requirements for your New Mexico amendment

New Mexico allows corporations to file Articles of Amendment to change the information contained in their original Articles of Incorporation, such as:

  • The corporation’s name
  • The corporation’s duration
  • The corporation’s purpose
  • The number of shares the corporation has authority to issue

The corporation may also make changes to other provisions contained in the originally filed Articles of Incorporation. If this seems confusing, we can take care of amending your Articles through our Amendment service. If you’re looking for a more comprehensive compliance package, our Worry-Free Compliance service includes two amendments at no additional cost to you and offers a wide range of helpful tools to help your business succeed.

Step 3: File your New Mexico amendment

It’s important to be as detailed as possible and provide documentation to support any changes you make. While not necessary, doing so can provide verification to the state that all amendments were approved and properly adopted by the corporation. 

Are there changes that require separate filings?

While you may change the registered agent or registered office through the Articles of Amendment, you may also do so using the Change of Registered Office/Registered Agent form. 

Still not sure where to begin? Let us help you stay on track and state-compliant with our Worry-Free Compliance, registered agent, and amendment services. 

We can help you register and maintain your New Mexico corporation

We can help alleviate the stress of the amendment process and allow you to focus on running your business. With our Worry-Free Compliance service, which includes up to two yearly amendments, we send alerts to business owners of important compliance and filing deadlines and provide expert support at every step along the way. Learn more about how we can help you start, manage, and grow your business today.

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.

FAQs

  • What entities need to file a New Mexico Articles of Amendment?

    All New Mexico corporations that make any updates to their Articles of Incorporation will need to file Articles of Amendment with the state.

  • How much does it cost to file an amendment?

    Filing fees are always subject to change. Thus, make sure to first check the more up-to-date fee information with the New Mexico Secretary of State before moving forward.

  • Who can file a New Mexico corporation amendment?

    Any authorized officer of the corporation may file the Articles of Amendment.

  • Where do I file a New Mexico corporation amendment?

    You can file the Articles of Amendment for your corporation online through the New Mexico Secretary of State Corporations and Business Services website.

  • Is a New Mexico corporation amendment the same as a biennial report?

    No. New Mexico requires corporations to submit biennial reports with the Secretary of State every two years. Articles of Amendment arise when there is a change to the information contained in the original Articles of Incorporation.

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