Step 1: Choose a name New Mexico will accept
The name has to end with “Limited Liability Company”, “Limited Company”, “L.L.C.” or another form the state accepts. It also has to differ from the names already on the New Mexico Secretary of State's records, and some words need another agency's approval. Check an LLC name in New Mexico against those rules and the registered names we hold, then confirm it on the official search.
Step 2: Appoint a registered agent
The Articles of Organization names a registered agent: a person or company with a street address in New Mexico who receives lawsuits and official notices for the LLC during business hours. You can usually serve yourself if you live in the state, or pay a commercial agent a yearly fee.
Our sister site lists the registered agents New Mexico companies use most, with how many companies each one serves.
Step 3: File the Articles of Organization
File it with the New Mexico Secretary of State. The fee is $50. File online, or on paper. The LLC exists once the state accepts the filing.
Step 4: Write an operating agreement
New Mexico doesn't require one (NMSA 1978, § 53-19-2(O)), but without it the state's default rules decide how the LLC is run and how profits and votes are shared. It stays in the company's records; it isn't filed.
Make a free New Mexico LLC operating agreement and download it as a Word file.
Step 5: Get an EIN
An EIN (employer identification number) is the LLC's federal tax ID: banks ask for it to open a business account, and the LLC needs one to hire. The IRS issues it free; apply online at irs.gov once New Mexico has accepted the Articles of Organization.
Step 6: File the New Mexico LLC annual report
| After formation | New Mexico |
|---|---|
| State tax or fee on LLCs | None |
| Proof of good standing | Certificate of Good Standing (unconfirmed) |
Missing the recurring filing is the most common way an LLC loses its good standing, and in time its existence. On our sister site, look up an LLC's status or see how to get a New Mexico certificate of good standing.
What it costs to start an LLC in New Mexico
| State fee | Amount |
|---|---|
| Formation filing | $50 |
| First year, state fees | $50 |
| Each year after | $0 |
These are state fees only: a commercial registered agent, a publication notice and income taxes are extra. Compare every state's fees, with the options to reserve the name or file faster.
Sources
Business services, sos.nm.gov, checked 2026-10-07
Statutes governing business in NM, sos.nm.gov, checked 2026-10-07
enterprise.sos.nm.gov, checked 2026-10-08
User guides, sos.nm.gov, checked 2026-10-07
Business online filing help (PDF), api.realfile.rtsclients.com, checked 2026-10-07
Trademarks, sos.nm.gov, checked 2026-10-07
Press release on SB 225 (February 15, 2018) (PDF), sos.nm.gov, checked 2026-10-07
nmonesource.com, checked 2026-10-07
File reports, businessportal.nm.gov, checked 2026-10-07
Apply for an EIN online, irs.gov
How to start an LLC in New Mexico
- Choose a name New Mexico will accept and check it against the New Mexico Secretary of State's records.
- Appoint a registered agent with a street address in New Mexico.
- File the Articles of Organization with the New Mexico Secretary of State ($50).
- Write an operating agreement.
- Get a free EIN from the IRS.
- Keep up with the recurring filings and fees.
Common questions
How much does it cost to start an LLC in New Mexico?
$50 to file the Articles of Organization. The state's fees come to $50 in the first year and nothing in later years; a registered agent service or a newspaper notice costs extra.
How long does it take to start an LLC in New Mexico?
The New Mexico Secretary of State doesn't publish a processing time; its site shows how to file and check on a filing.
Do I need an operating agreement in New Mexico?
New Mexico doesn't require one (NMSA 1978, § 53-19-2(O)), but it's the document that says who owns the LLC and how it's run; banks and partners often ask for it.
Can I start an LLC in New Mexico online?
Yes. The New Mexico Secretary of State takes the Articles of Organization online, for $50.