When your New Mexico limited liability company (LLC) makes changes to certain public information, you’ll need to notify the state to remain legally compliant. This means amending your New Mexico’s Articles of Organization to reflect those changes. As a business owner, you probably have lots of questions about how and when to make a New Mexico LLC amendment, but don’t worry. Read on to learn more about amending your New Mexico Articles of Organization, why you might need to do so, and how we can help.
Step 1: Determine if you need to change your New Mexico Articles of Organization
New Mexico Articles of Organization is the filing that officially forms your LLC in New Mexico. After filing this document, the state recognizes your company as a legal business. This document establishes your business as an LLC and allows you to take advantage of LLC perks, like certain tax benefits and liability protections. It contains information about your LLC such as its registered agent, registered office, and contact information.
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You’ll need to make a New Mexico LLC amendment if any of your public information changes. For instance, if you want to change your LLC name or add or subtract articles, it’s important to file New Mexico Articles of Amendment. Letting the state know about any important changes to your business information is an important part of New Mexico business compliance.
Is the idea of state compliance overwhelming? We can help you with our Worry-Free Compliance service. We help keep you in compliance with your state filing obligations throughout the year. With this service, we also offer two free yearly amendments (you only pay filing fees).
New Mexico businesses inform the state about changes to public information for a variety of reasons, including:
- Updating basic public information for contact purposes
- Amending registered agent information for service of process
- Making changes for compliance and auditing purposes
We offer both our New Mexico registered agent service and our Worry-Free Compliance service to help streamline these obligations for you.
You need to have current Articles of Organization on file with the Secretary of State in order to get a New Mexico Certificate of Good Standing. This certificate is the document that says you’ve paid all your required fees and completed all your required filings with the state. The state confirms that they recognize your business as up to date and valid. If you haven’t filed New Mexico Articles of Amendment, you won’t be able to get a Certificate of Good Standing.
Inability to get a Certificate of Good Standing can have any or all of the following consequences for your business:
- Problems obtaining business credit or opening a business bank account
- Issues with getting and keeping business licenses
- Problems raising capital
- Issues with doing business in other states or countries
While there’s no fine for not filing New Mexico Articles of Amendment, the consequences of not filing and thus not getting a Certificate of Good Standing can be severe.
Step 2: Identify what to change in your New Mexico Articles of Organization
Now, let’s take a look at the filing process.
You need to file a New Mexico LLC amendment to change the name of your business. You also need to file New Mexico Articles of Amendment if you’re updating whether your company is managed by members or a manager. The New Mexico Articles of Amendment form is flexible and allows you ample room to state your changes, like adding or deleting articles. You’ll be able to access the form by opening a downloadable, fillable PDF from the Secretary of State. However, you will need to file a separate form to change your registered agent or address.
Step 3: File your New Mexico Articles of Organization
To file your New Mexico LLC amendment, you’ll need your New Mexico business ID number, the date your original articles were filed, and the signature of a manager or member. You can file the Articles of Amendment by mail by sending the completed amendment to the New Mexico Secretary of State’s office in Santa Fe. You can also file your Articles of Amendment online using the New Mexico Secretary of State’s online portal, which is usually the quicker and easier option.
If you want help just filing amendments, we offer an amendment filing service to make this requirement as stress-free as possible.
New Mexico Articles of Amendment vs. Restated Articles of Organization
New Mexico offers businesses the option to restate their Articles of Organization in a Restated Articles of Organization form. This form is available to business owners once you download a copy of the fillable form from the Secretary of State’s website. Alternatively, you can get a copy once you login to the Secretary of State’s business portal. Once you’ve made your New Mexico LLC amendments, you can restate your updated Articles of Organization as amended. However, New Mexico doesn’t give business owners the option to amend and restate articles all in one form.
Let us help keep your New Mexico LLC compliant
Let us be your trusted guide in New Mexico LLC business compliance. We can help you throughout the lifecycle of your business. From New Mexico LLC formation, to finding a registered agent, to our Worry-Free Compliance service, we’re here for you. And if you need to file New Mexico Articles of Amendment, we can help. Let us help you keep your mind on your business, and not on paperwork.
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.
- Do I need an attorney to amend my Articles of Organization in New Mexico?
No, you generally don’t need an attorney to make a New Mexico LLC amendment. However, every business should assess their own needs in determining how to amend their articles. In other words, if you need questions answered, you might consider consulting an attorney.
- What business changes can be reported in a New Mexico LLC Articles of Amendment form?
New Mexico’s Articles of Amendment form is very flexible, and you can report virtually any change to your LLC’s public information like name changes or adding articles. However, you need to file a separate form to change your registered agent information.
- Are New Mexico LLC Articles of Amendment the same as a biennial report?
A New Mexico biennial report is a different type of document than Articles of Amendment. Both are filed with the Secretary of State; however, a biennial report contains different information and is filled every other year. You file Articles of Amendment only when information changes.
- How long does it take to file LLC Articles of Amendment in New Mexico?
Typically, it takes about two weeks to process New Mexico Articles of Amendment, unless you request and pay for expedited processing.
- What will I receive from the state of New Mexico when the LLC Articles of Amendment are filed?
Your confirmation type will depend on whether you filed online or by mail with the Secretary of State.