How to Start an LLC in New Mexico (2026)

Full transcript

0:00 The short answer

Dan To start an LLC in New Mexico, you file Articles of Organization online with the New Mexico Secretary of State, and the fee is $50.

Maya Only fifty dollars?

Dan Only that, and then there's no yearly report to pay for afterward.

Maya This is The Business Formation Podcast. Today, New Mexico for 2026, six steps with every cost, and the three best ways to get it filed for you. Where should people start?

0:27 Step 1: Choose a name

Dan The name has to say limited liability company, limited company, or use an abbreviation such as LLC or LC.

Maya Anything else?

Dan It must be distinguishable from names already on the state's records. Search the Secretary of State's business database before you fall in love with one.

Maya What if I'm not ready to file?

Dan You can reserve it for 120 days. That's $20.

0:53 Step 2: The agent's signed acceptance

Maya New Mexico does something different with agents, right?

Dan It does. Your agent has to sign a Statement of Acceptance, and you upload it as a PDF with your filing.

Maya Who qualifies?

Dan A New Mexico resident, or a business with a New Mexico place of business that matches your registered office.

Maya And if I leave the seat empty?

Dan Thirty days without an agent can lead to revocation of the LLC.

Maya I'm Maya, by the way, here with Dan.

Dan Great to be here, Maya. And if you change agents later, that's $20.

1:27 Step 3: File the Articles

Maya Where does the filing happen?

Dan Online only, in SOS Enterprise, the Secretary of State's portal. Paper filings are no longer accepted.

Maya And the payment?

Dan $50. Pay by card and you'll owe a convenience fee on top. An e-check doesn't carry one.

Maya How long until it's approved?

Dan The state doesn't publish a processing time. You get an email once the filing is approved, rejected, or needs a correction.

Maya So watch the inbox.

Dan Exactly.

1:59 Step 4: Write an operating agreement

Maya Does the state want a copy of my operating agreement?

Dan No. It's not filed, and there's no state fee. You keep it with your records.

Maya What goes in it?

Dan Who owns what, how profits are split, who makes decisions, and what happens if a member leaves.

Maya Even for a one-person company?

Dan Yes. Put it in writing anyway.

2:21 Step 5: Get a free EIN

Maya What comes after the state approves the Articles?

Dan Your EIN. Apply free with the IRS at IRS.gov.

Maya Is it quick?

Dan If the online application is approved, the number is issued right away.

Maya And the ownership report I keep hearing about?

Dan You can skip it. FinCEN no longer requires one from U.S. companies.

2:43 Step 6: Tax registration

Maya What about the state tax side?

Dan Anyone doing business in New Mexico registers with the Taxation and Revenue Department. There's no fee for it.

Maya And the annual report?

Dan There isn't one. New Mexico LLCs don't file it.

Maya So what keeps the LLC in good standing?

Dan Keep a registered agent on file without a gap, and tell the state if the agent or office changes.

3:06 What it costs

Maya Walk me through the do-it-yourself bill.

Dan $50 to form the LLC, plus the card convenience fee if you pay that way.

Maya And after year one?

Dan There's no annual report fee. The EIN is free and so is the tax registration.

Maya So the whole state cost is fifty dollars?

Dan Plus the optional pieces, like a $20 name reservation.

3:27 Card or e-check

Maya Does the payment method matter?

Dan A little. Card payments add a convenience fee, and an e-check is accepted without one.

Maya How big is the fee?

Dan The state's filing help doesn't give a figure I can quote, so check the portal's total before you pay.

Maya Fair enough. And the portal is the only door?

Dan Yes. Paper filings are no longer accepted, so everyone files online.

Maya What if I want a paper trail?

Dan The state emails you once the filing is approved, rejected, or needs a correction. Keep that email.

4:01 Why the agent paperwork matters

Maya Let me push on that signed acceptance. What if my agent forgets?

Dan Then you can't finish the filing, because the PDF goes up with it.

Maya Can I serve as my own agent?

Dan The rule is a New Mexico resident, or a business with a New Mexico place of business. A resident owner can fit that description.

Maya And a commercial agent?

Dan They're a business with a New Mexico office, so they qualify, and they sign the same acceptance.

Maya What if I switch later?

Dan That's $20, and the new agent signs too.

4:31 Reserving a name first

Maya Is the name reservation worth it?

Dan If you need time before you file, yes. It holds the name for 120 days, and it's $20.

Maya And if I file the same week?

Dan Then skip it. Search the database, pick a name that's clearly distinguishable, and file the Articles.

Maya What counts as distinguishable?

Dan Different from the names already on the state's records, which is why the search comes first.

Maya So search a few spellings.

Dan Yes, and have a backup name ready in case the filing comes back with a correction request.

5:04 Staying in good standing

Maya No annual report sounds almost too easy.

Dan It's real. The state doesn't require one from LLCs.

Maya So what could go wrong?

Dan A gap in your agent coverage. After thirty days, revocation is possible.

Maya And the other recurring item?

Dan Keep your tax registration current with Taxation and Revenue.

5:23 First-year checklist

Maya Give me the order of operations.

Dan Search and choose a name. Line up your agent and get that signed acceptance. File the Articles in SOS Enterprise for $50.

Maya Then?

Dan Write your operating agreement, get your EIN, and register with Taxation and Revenue.

Maya Which of those costs money?

Dan Only the Articles at $50, and the optional $20 name reservation. The rest is free.

Maya And what do I do after that?

Dan Nothing on a yearly schedule with the Secretary of State. Just keep your agent in place.

5:56 The 3 best ways to file in New Mexico

Maya What if I'd rather hand it off?

Dan There are three good options. Number one, our pick, is Mainstay Filing, $199 a year plus the state fee. With the $50 state fee, checkout comes to $249.

Maya What does that include?

Dan Your Articles of Organization filed, your EIN application, and your registered agent every year. It renews at the same $199.

Maya Number two?

Dan NM Registered Agent.org. It prepares and files your Articles for $199 plus the state fee, also $249 at checkout. The first year of agent service is free, then $99 a year.

Maya And number three?

Dan New Mexico Registered Agent.co. The same offer. $199 plus the state fee, first year of agent service free, then $99 a year.

Maya How do I choose?

Dan New Mexico has no annual report. So if you only need an agent, numbers two and three run $99 a year from year two, against $199 with Mainstay.

7:07 Three years of service fees

Maya Give me the three-year picture.

Dan Mainstay is $199 a year, so $597. Number two or three is $199 in year one, then $99 in each of the next two years, for $397.

Maya A $200 difference.

Dan Yes. Mainstay's price stays flat, and its agent service is included every year.

Maya And the state fee on top of that?

Dan It's the same $50 with any of the three, so it doesn't change the comparison.

7:41 Recap

Maya Can you recap?

Dan Choose a name with LLC in it, get your agent's signed acceptance, file the Articles online for $50, write an operating agreement, get your free EIN, and register with Taxation and Revenue. There's no annual report.

Maya The links to all three services and every official source are in the show notes. Thanks for listening to The Business Formation Podcast, and good luck with your new New Mexico LLC.