New Mexico Resident Agent Service

Why New Mexico requires a resident agent

A New Mexico corporation must always keep a registered office and resident agent, and the agent's business office must match the registered office whether the agent is an individual who lives in New Mexico or a domestic or authorized foreign corporation. The LLC Act reaches a little further, allowing an individual NM resident, or a corporation, LLC, or partnership, domestic or authorized foreign, whose New Mexico place of business matches the registered office (NMSA 53-19-5(A)(2)). NMSA 1978, 53-11-11; NMSA 1978, 53-19-5(A)

What happens if you lapse

• When a corporation goes 30 days without appointing and keeping a resident agent, or without filing a change statement within 30 days, it receives a delinquency notice, and if it has not fixed the problem within 60 days of that letter, a certificate of revocation is issued by the secretary of state; reinstatement is possible only within two years of revocation. NMSA 1978, 53-11-12(A)-(B)
• That reinstatement window is narrow: an administratively revoked corporation, or an LLC under NMSA 53-19-66.2(A), can apply only within two years after revocation takes effect, and reinstatement then relates back as though revocation had never happened. NMSA 1978, 53-11-12(B), (D)
• An LLC may be revoked administratively for going 30 days without appointing and keeping a resident agent, or for letting 30 days pass after a change without filing the change statement, with reinstatement available within two years (53-19-66.2). NMSA 1978, 53-19-66.1
• A failure to appoint and keep a resident agent expressly justifies revoking the certificate of authority held by a foreign corporation, after at least 60 days' mailed notice without a cure, and on revocation its authority to transact business ends, with two years to reinstate (53-17-18(C)); for foreign LLCs the equivalent works through registration cancellation and penalty provisions. NMSA 1978, 53-17-17(A)(2)-(3)
• Until it registers, a foreign LLC doing business in New Mexico unregistered is barred from maintaining an action in NM courts and is liable for back fees and a civil penalty as high as $200 for each year, with 53-17-20(A) as the corporate counterpart, and an unregistered foreign LLC automatically appoints the secretary of state as its agent for service (53-19-53(C)). NMSA 1978, 53-19-53(A), (E)

Switching to us

We prepare and file the change of resident agent for you. New Mexico charges $20 for an LLC NMSA 1978, 53-19-63(I) and $25 for a corporation NMSA 1978, 53-2-1(A)(6).

Official New Mexico links

• New Mexico Corporations Division - (505) 827-3600 (option 1)
• Business entity search
• Statutes
• Forms
• Annual report filing

Frequently asked

Do I need a resident agent in New Mexico?

Almost every state does, and the New Mexico rule is set out above with its citation. Where the law leaves a choice, a resident agent is still the practical way to make sure service of process reaches you.

How much does New Mexico resident agent service cost?

$129 a year, with no setup fee, the same price in all 50 states plus DC, Puerto Rico and the U.S. Virgin Islands. Service of process is received and scanned the same business day.

Can I switch my New Mexico resident agent to ResidentAgents.com?

Yes. Order online and we prepare the change of agent filing for you; the state's filing fee is shown on this page.