Forming your own LLC isn’t too difficult with a little assistance. We’ve got a free, downloadable “do it yourself” kit you can use. In other words, the price you pay to purchase equals “zero.” That kit provides more information about LLCs and includes a couple of free LLC operating agreements. (We used to sell the kit but since the Covid-19 pandemic have simply given the kit away.)
If you don’t need that extra information and just need a primer on how to fill out the online application to start your limited liability company here’s what you do: (These instructions are up-to-date as of August 5, 2020.)
1. Check if the LLC name you want is available
Your first step in setting up an LLC is to check if the name you want to use is even available.
To do this, you can use the New Mexico Secretary of State online service at:
By entering the name you want to use in the search form, you’ll be able to see if there’s another business already using the name that you want. You can’t use a name, by the way, that’s the same or deceptively similar to another existing LLC’s name.
2. File the Articles of Organization form on the New Mexico Corporations Bureau’s website
The LLC’s articles of organization form must be submitted online. You’ll need to create an account to use the web portal at:
3. Identify the name you want to use for your new LLC
Enter your business or investment name into the box “Proposed Limited Liability Company Name and Name Ending.” The name must include one of the phrases or acronyms, “Limited Liability Company,” “Limited Company,” “LLC,” or “L.L.C.” Also, abbreviations for Limited (ltd.) and Company (co.) can be used. For example, all of the following names should be acceptable:
- Acme Explosives Limited Liability Company
- Acme Explosives Limited Liability Co.
- Acme Explosives LLC
- Acme Explosives L.L.C.
4. Specify the effective formation date
If you would like to assign an effective date other than the filing date, enter your specific date in the box “Effective Date Request”
5. State the period of duration
The period of duration is the life span of your LLC. Some LLCs are created for a specific purpose and are intended to exist only for a specific period of time. You can enter a specific date, or choose “Perpetual.”
6. State your business purpose
Put in the description of your business activity in the box “Business Purpose”. For example, you could put “technology consultant.”
6. Provide the name and address of your “initial agent”
New Mexico state wants to know the name for a real person within the state of New Mexico whom can act as the contact person should the state have questions or concerns about an LLC’s operation. You can pay someone else to be this registered agent, but it’s really easiest and cheapest to just be your own registered agent.
7. Give the principal/mailing address of the LLC’s office
Type the principal and mailing address where correspondence should be sent if it is different from the registered agent address.
8. Indicate how your LLC will be managed
LLCs can be managed either by all of their members, or owners, or they can be managed by only one or some of their members, who are in this case called managers or manager-members. To indicate how your LLC will be managed, mark the appropriate article number. Check Article Four if the LLC is run by a manager(s), or Article Five if the LLC is run by a single member.
Note: If you have multiple members or managers, ideally you’ll want to have an attorney draft an operating agreement. This operating agreement should describe who the manager is or who the managers are if you’re setting up a manager-managed LLC. If you’re a single member LLC, you should probably also have an operating agreement because having an operating agreement and honoring its terms improves your liability protection. This kit provides excellent example operating agreements for you to consider when drafting your own.
9. Provide organizer information
Enter the name and address of the organizer, then confirm the authorization by entering your name and business title.
10. Select your payment method
Enter your payment information and submit the application. The filing fee is $50 and processing lead times vary.