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By The Wyoming LLC Attorney Team

Sep 01, 2022
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New Mexico Articles of Organization

How to Start an LLC

Summary

The article discusses the importance and process of filing the Articles of Organization when forming an LLC in New Mexico. It explains that these documents establish the company at the state level and are necessary for legal recognition. Key details such as the purpose of the Articles, required information, and the cost of filing are outlined. It also highlights the potential reasons for rejection.

When forming a limited liability company (LLC) in the United States, a document called the Articles of Organization is required in order to form. These legal documents establish the company at the state level. All the rights, duties, powers, obligations, and liabilities of each member are outlined in the Articles of Organization.

What Is the Purpose of the Articles of Organization

The Articles of Organization are required to be filed with the New Mexico Secretary of State. Along with your filing, you will need to pay a $50 filing fee as well. This is how you form and establish an LLC.

Although sometimes the Articles of Organization are called something else in different states, they always have the same purpose, to form your LLC. The Articles are an outline of your company. Every state has different requirements for what needs to be included, but they all explain the purpose of the business and who is involved in the LLC.

Without these documents, your LLC will not be established, nor be a real company in the eyes of the law. You will need to establish your company if you wish to have a business bank account or apply for business loans.

Start an LLC in New Mexico

Information That Needs to Be Included in Articles of Organization

Company Name

When forming an LLC you should choose a unique name for the company. This must be completely unique in the state of New Mexico.

Statement of Purpose

Every business has a purpose, whether that is to sell goods or to offer a service. the description of the business should be included in the Articles of Organization.

Duration

Some LLCs are set up as temporary, but depending on how long you plan to operate the business, this should be defined and included.

Place of business

Mailing address where the principal business will take place. If the business is primarily online, you can include your personal address.

Registered Agent

Every LLC in the state of New Mexico is required to have a registered agent. This person is someone who accepts documents and important tax information on behalf of the company. They must also have a street address in the state of New Mexico, and sign a form acknowledging and accepting the position.

Management

Information about company owners, managers, and officers must be included as well.

How to File Articles of Organization

Name

Filing the Articles of Organization involves selecting a unique name in the state of New Mexico. It should also end with the words “Limited Liability Company”, “LLC”, or “L.L.C”.

List Address

List the street address of your principal palace of business.

List Your Registered Agent

Every LLC is required to have a registered agent in the state of New Mexico. This person should have a physical address in the state and be able to accept due process for the company. It can be an owner, employee, or third party.

List Managers and Members

Managers usually work for the company, and members are owners. You should include the names and addresses of each person authorized to make management decisions for your LLC.

List Effective Date

The date that your LLC will go into effect is the first day of operation. This is the same day that your filing is accepted. If you choose a different day, this must be defined in the Articles of Organization.

Send to New Mexico Secretary of State

The Articles of Organization can be filed with the Secretary of State in New Mexico. This can be done online, in person, by mail, or by fax. Online filings are usually processed the most quickly.

Reasons Articles of Organization May Be Rejected

Your Articles of Organization in New Mexico may be rejected:

  • If you make mistakes when filing.
  • If you forget to pay the proper fee. In this case, you will need to resubmit with the fee.
  • If there is an issue with the name of the LLC, it must be unique in the state of New Mexico.

If other legal formalities are not met, you will get a rejection letter.

Only after the Articles are approved, does your business become a legal business entity. Although it can take a few weeks for a response, sometimes there is an expedited option.

Articles of Organization vs. Articles of Incorporation

When forming a corporation, you are required to file the Articles of Incorporation. When forming an LLC, you are required to file the Articles of Organization. Although the content of both the Articles of Organization and the Articles of Incorporation are similar, they have one main difference and that is their purpose.

Because the Articles of Organization are always used to establish an LLC, they can only be used for that purpose. The Articles of Incorporation are used to create a corporation, and only for that purpose.

How a Lawyer Can Help Submit Articles of Organization

Establishing a limited liability company is typically most effective when undertaken with the assistance of an experienced individual who is knowledgeable about the process and can provide guidance. This is why filing your Articles of Organization with a lawyer can be helpful.

Hiring a lawyer ensures error-free filing and a smoother company startup process. If you are ready to form your New Mexico LLC and would like to speak with one of our knowledgeable paralegals for assistance contact us. You can get in touch by completing the contact form or calling +1 (307) 683-0983.