For already prepared documents, skip to step 3
Step 1: Check Name Availability
Choose three corporate names in order of preference and we check for availability.
Step 2: Prepare or Upload your Articles
Our online form will walk you through all required information.
Step 3: Specify Service Level and Service Options
Select the appropriate filing package or choose from the a la carte options.
Routine: 5 - 7 Business Days
Rush: 2 Business Days
Email confirmation within one hour during normal business hours.
Your filing is now on its way!
If we receive your New Mexico Articles of Incorporation by 12 p.m. PST M-F, your corporation will be submitted and could be active the same day. This means your company will be given the submission date as your file date. If you mail the document to the state, like many filing services do, it will take several weeks longer for proof of filing.
Your Post-Filing Responsibilities
- File a Statement of Information: After the Articles of Incoproation are filed, the Secretary of State requires that you file a Statement of Information.
- Employer Identification Number: If you would like, we can obtain your EIN for your new company. Add it to your order and we will obtain the EIN within 24-48 hours.
- New Mexico Corporate Kit: Our Kits include a custom binder, seal embosser, bylaws and meeting minutes, 20 Stock certificates, and more. You can order you kit at the time of filing or if you prefer, you can place the order individually at our Corporate Kit order page.
Add these optional services to your order at the time of filing:
- Certificate of Good Standing: You may need additional copies if you are going to qualify or register in other states. Most certificates are good for 90 days.
- Additional Certified Copy of Articles: You may need this in the future for banks, loans, or professional licensing requirements.
The SunDoc Filings Advantage
- We have filed thousands of documents since 1999
- All filings received by 12 p.m. PST are submitted same day
- Most filing companies mail in your filings
New Mexico Corporate Formation Guidelines
The corporate name must contain the word "corporation," "company," "incorporated," "limited" or an abbreviation of any of these words. A corporate name found to be available may be reserved with the Secretary of State for a 120 day period for a filing fee of $25.
REGISTERED AGENT AND REGISTERED OFFICE
The corporation must maintain a registered agent and office to receive service of process in New Mexico.
The minimum number of directors is one (1).
LIMITATION OF DIRECTORS' PERSONAL LIABILITY
The articles of incorporation may contain, within the limitations prescribed by the Business Corporation Act of New Mexico, a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for the breach of fiduciary duty as a director.
Minimum number of incorporators is one (1) (a natural person or a domestic or foreign corporation) and there is no requirement that the incorporator be a resident of New Mexico.
It is acceptable to state with a specific purpose clause, “The purposes for which the corporation is organized shall be to transact any and all lawful business for which corporations may be incorporated pursuant to the provisions of the Business Corporation Act of New Mexico.”
AUTHORIZED SHARES AND MINIMUM PAID IN CAPITAL
The maximum number of authorized shares for the minimum incorporation fee is 100,000 shares of par value shares or shares without par value. There is no minimum amount of paid in capital required to commence business.
Preemptive rights are granted in absence of a specific limitation or denial.
Cumulative voting is automatically denied unless specifically granted.
Submit to the Public Regulation Commission an executed and conformed copy of the Articles of Incorporation and an executed and conformed copy of the Statement of Acceptance by Designated Initial Registered Agent. The Public Regulation Commission files one (1) of the copies of the Articles of Incorporation and of the Statement of Acceptance by Designated Initial Registered Agent and issues a Certificate of Incorporation and affixes the other copy of the Articles of Incorporation and of the Statement of Acceptance by Designated Initial Registered Agent and returns the same. Submit to the Public Regulation Commission, within 30 days after organization.
OFFICIAL STATE DISBURSEMENTS AND FEES
The filing fee (minimum fee of $100) for the Articles of Incorporation is based on the authorized shares of the corporation at the following rate: $1 for each 1,000 authorized shares (maximum fee of $1,000) $25 filing fee for filing Profit First Report (due within 30 days after organization)
New Mexico Corporate Frequently Asked Questions
Why choose SunDoc Filings?
SunDoc Filings can help you form a New Mexico corporation with the New Mexico Secretary of State on an expedited basis. To form a corporation in New Mexico or form a New Mexico subchapter S corporation, you must file the New Mexico Articles of Incorporation with the New Mexico Secretary of State. SunDoc Filings has been forming New Mexico corporations since 1999 and knows the state’s requirements to handle your formation professionally and without delay. Let us make the New Mexico incorporation process quick and painless for you by preparing and filing the New Mexico Articles of Incorporation with the New Mexico Secretary of State on your behalf.
How do I form a New Mexico Corporation?
First, we check corporate name availability with the New Mexico Secretary of State. Second, we prepare the New Mexico Articles of Incorporation. Third, before we form the New Mexico corporation, we verify that the Articles of Incorporation are free of errors. Fourth, we file the Articles of Incorporation with the New Mexico Secretary of State. Fifth, when the New Mexico Secretary of State files the New Mexico Articles of Incorporation, we will return the filed document to you.
What are the advantages of forming a New Mexico Corporation?
To begin with, there is the protection of the "corporate veil" that provides limited liability to the owners (shareholders). The shareholders are not personally liable for debts and obligations of the corporation. They can personally lose only to the extent of their investments in the New Mexico corporation form purchasing stock. Since the New Mexico corporation is an independent legal entity, the New Mexico corporation has continuous existence. It does not cease to exist simply because one of the shareholders dies or retires. Corporations often have an easier time setting up insurance, retirement funds, profit-sharing, pension, and stock option plans than other business entities.
When you form an New Mexico corporation, the owners (shareholders) are not personally liable for the debts and obligations of the New Mexico corporation. Ownership in an New Mexico corporation is more easily transferable than other business entities. Under most circumstances, shares of stock can be sold without restriction to a third party without having to obtain consent from the New Mexico corporation itself.
How do I obtain an EIN or Employer Identification number or Tax Payer ID number for my New Mexico Corporation?
After we form an New Mexico corporation on your behalf, we offer supporting services. We can obtain an employer identification number (an EIN) for your New Mexico corporation. An EIN is required to open a bank account, hire employees, and to start business credit for your New Mexico corporation. If you purchase our New Mexico premium package, EIN obtainment is included for your New Mexico corporation.
How do I form a New Mexico S Corporation?
It is important to understand that your New Mexico S corporation starts as a general stock corporation (C corporation). To obtain or to form an New Mexico S corporation, you must file for subchapter S status with the Internal Revenue Service (IRS). Forming an New Mexico S corporation simply means the corporation is taxed like a partnership or LLC with a pass through tax structure. Make sure to check with your accountant or the IRS for limitations or read about New Mexico C corporations below. By obtaining S corporation status in New Mexico, it eliminates double taxation and the corporation generally does not file a tax return. On their tax return, the New Mexico S corporation's shareholders include their share of the New Mexico Corporation's separately stated items of income, deduction, loss, and credit, and their share of non-separately stated income or loss.
What are the advantages of a C Corporation in New Mexico?
Generally most people form New Mexico C corporations that plan on publicly trading the corporation's stock. Since New Mexico S corporations cannot have more than 75 shareholders, choosing to maintain an New Mexico C corporation allows for 76 shareholders or more. An New Mexico C corporation can have multiple classes of stock such as preferred and common shares. An New Mexico C corporation will be double taxed since both the corporate entity and the individual owners have to file tax returns. However, an New Mexico S corporation can only be owned by individuals that are U.S. citizens or registered aliens, issue only one type of stock, and are limited to no more than 75 shareholders.
How do I obtain or prepare corporate bylaws for my New Mexico Corporation?
If you purchase our premium package, Sun will prepare the initial bylaws (standard language) for your New Mexico corporation and include meeting minutes (MS Word format) that you can prepare as needed.
What are the corporate bylaws and why are they so important for my New Mexico corporation?
The corporate bylaws serve as a blueprint for your New Mexico corporation The bylaws contain the rights, privileges, and powers of the officers, directors, and shareholders. Most New Mexico bylaws contain the number of directors and their names. New Mexico bylaws also contain the names of the officers for the titles: President, Vice-President, Secretary, and Treasurer/Chief Financial Officer (CFO).
Another important part of New Mexico corporation bylaws is to create "rules" on how the New Mexico corporation can open a bank account, take out loans, write checks, enter into contracts, obtain business credit, and issue stock certificates to its shareholders. Most New Mexico bylaws will reference a list of shareholders in alphabetical order that includes New Mexico shareholder's names, addresses, titles held with the New Mexico corporation, and the amount of shares the shareholder owns in the New Mexico corporation.
What is an New Mexico corporate seal?
After the New Mexico corporation prepares its bylaws or has Sun prepare the bylaws, the New Mexico corporation will need a corporate seal. A corporate seal is a handheld device that imprints paper with the corporation's name, state of formation, and date the New Mexico corporation was formed. Many banks and other lending institutes require New Mexico corporations to possess and use a corporation seal on business documents or loan papers. All New Mexico corporation kits that Sun sells contain a handheld corporate seal embosser.
What is a New Mexico corporate kit?
The New Mexico corporate kit is typically a hardbound binder that contains all of the New Mexico corporation's important documents such as the New Mexico Articles of Incorporation and bylaws. All the New Mexico corporation kits that Sundoc sells include having the New Mexico corporation's name hot stamped (professional imprint of the New Mexico corporation's name) on the spine. Most New Mexico corporation kits come with a slipcase to keep the binder safe. Some corporate kits are made with a slipcase built in. The choice is yours.
Another important part of an New Mexico corporate kit is stock certificates. All of the New Mexico corporate kits that Sundoc sells contain 20 custom stock certificates that include the New Mexico corporation's name, the amount of shares, the par value the corporation is authorized to issue, and the title of President and Secretary below the signature lines. If you have already formed your New Mexico corporation, you can order an New Mexico corporate kit by placing the order individually at our Corporate/LLC Kit order page. We have a selection of high quality kits that come in array of styles and colors.
Now that you have formed your New Mexico corporation, obtained your EIN from the IRS, decided upon whether to elect S corporation status or remain a C corporation, prepared the New Mexico bylaws, issued shares of stock, and used your seal embosser, it is time to verify which local city and/or county tax licenses your business will need. The best place to start is your city hall or county recorder's office. Take the time to verify your areas business licensing requirements. For those of you who plan to run your New Mexico corporation out of your home, check with your city or county to find out if a work at home permit is required. Once your licensing requirements are met, it is time to start operating your New Mexico corporation