New Mexico Registered Agent Service With Written Acceptance Required

New Mexico's term is registered agent at a registered office, and the source is NMSA section 53-19-5. In Santa Fe, the Secretary of State's Business Services Division keeps the record. The articles of organization, filed under sections 53-19-7 and 53-19-8, state the street address of the initial registered office and the name of the initial registered agent there. No member names are required.

The LLC has to maintain in New Mexico a registered office, which may be the same as its principal place of business, and a registered agent for service of process on the LLC. New Mexico LLCs have no annual report, so there is no yearly filing that restates the agent.

The statute described here is the LLC one, and corporations, LPs, LLPs and nonprofits can use the same service.

Section 53-19-5(A)(2) lists three kinds of agent. An individual resident of New Mexico. A domestic corporation, limited liability company or partnership having a place of business in New Mexico that is the same as the registered office. Or a foreign corporation, LLC or partnership authorized to transact business in New Mexico, again having a place of business that is the same as the registered office.

A company that is not an individual has to have its place of business at the registered office. That is the test a commercial agent meets.

An owner who lives in another state has no individual route, so an organization with a New Mexico office is the practical path.

Filers must upload, as a PDF, the Registered Agent Statement of Acceptance. It reads, "I hereby accept the appointment as registered agent," and it is signed by the agent, either an individual or an organization's representative with its New Mexico Business ID.

The agent has to be lined up and willing before you file, not after. A change of agent later requires the successor agent's statement accepting the appointment, under section 53-19-5(B)(4)(d).

The articles give the street address of the registered office, and every change statement uses street addresses and has to confirm that the agent's place of business is the registered office.

You can be your own agent if you are an individual New Mexico resident with a street address in the state, and you sign the Statement of Acceptance yourself. Process servers can arrive at any time, and if you travel, work from client sites or keep irregular hours you can miss a delivery. If you move offices, keeping the record current is your job.

A partner, an employee or another New Mexico resident can serve once they accept in writing.

A commercial agent has its own New Mexico address on the public record in place of yours, so your own moves do not require an update.

The filing is a statement of change of registered office or agent, and the fee is $20 under section 53-19-63(I). New Mexico has moved all business filings online and no longer accepts paper filings for business applications, so the change goes through the Secretary of State's enterprise portal. The statement lists the LLC, the current agent and office, the successor agent, the successor's place of business, which is the same as the registered office, and the successor's acceptance.

Upon filing, the change becomes effective.

When you move to Mainstay we prepare and submit the statement through the portal, and the $20 is charged at cost. Keep the confirmation.

A New Mexico registered agent resigns by delivering a written notice, executed in duplicate, to the Secretary of State. The Secretary of State mails a copy to the LLC at its principal place of business as shown on its records. Under section 53-19-5(E) the resigning agent's appointment terminates 30 days after the Secretary of State receives the notice, or on the effective date of a successor's appointment, whichever occurs first. Section 53-19-63 lists no resignation fee. The LLC also has to notify the Secretary of State of a change in the street address of its principal place of business, which is where that copy is mailed.

Section 53-19-66.1 allows administrative revocation if the LLC has failed for 30 days to appoint and maintain a registered agent, or has failed, for 30 days after a change of office or agent, to file the statement of change. Those are the only administrative revocation grounds in the LLC Act. Reinstatement can be requested within two years after the effective date of revocation, under section 53-19-66.2, and once granted it relates back to the revocation date.

So the clock runs in two ways. A missing agent starts it, and an unfiled change starts it. Even if you replaced the agent, file the statement within 30 days. A lawsuit served at a stale address is the other danger, because a court can enter a default judgment against the company without you ever knowing a case was filed.

Under section 53-19-8, the articles of organization carry a name that meets section 53-19-3, the street address of the initial registered office and the name of the initial registered agent there, and the principal place of business if different. They add the duration if it is not perpetual, a statement if management is vested in a manager, a statement if the LLC may operate as a single-member LLC, and optional provisions. Filing costs $50 and is non-refundable, and card payments carry a convenience fee.

In New Mexico the agent role is $149 a year with Mainstay, renewing at $149, and compliance reminders come with it. New Mexico has no annual report, so no recurring state filing sits outside the price. A new New Mexico company can use the $199 formation package instead, which includes the agent and adds the articles of organization and your EIN application, with the state's $50 filing fee at cost.

The registered office on the record becomes Mainstay's New Mexico address. We scan and upload service of process within the same business day, free of charge. Government mailings are scanned free for the first three each year, then a per-piece scan or shipping fee applies. No tier includes free physical forwarding.