New Mexico Foreign Qualification

IncNow can help you get a New Mexico Foreign Qualification done correctly without the hassle. We handle the entire filing process, from verifying your company name to submitting your Certificate of Registration to the New Mexico Secretary of State.

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How to Foreign Qualify in New Mexico

Registering your business in New Mexico involves a few key steps. IncNow’s Incorporation Specialists can help you through the process and ensure your Foreign Qualification is done properly. Here’s a look at the process:

Obtain a Certificate of Good Standing

A Certificate of Good Standing, sometimes called a Certificate of Existence, is an official document from your business’s home state that proves your company is legally formed and compliant. New Mexico requires this certificate to be submitted with your application.

Note: To be accepted by the state, the Certificate of Good Standing must be dated within 30 days of the date on which you submit your Foreign Qualification.

Check Name Availability

Before you can register, your company’s legal name must be unique and available for use in New Mexico. If another registered business is already using your name, you will need to operate under an “Assumed Name” (also known as a DBA).

IncNow’s team will conduct a name availability search with the New Mexico Secretary of State. If your company’s name is taken, we will immediately notify you and assist with registering an Assumed Name.

Appoint an New Mexico Registered Agent

To register in New Mexico, you are required by law to appoint a Registered Agent in New Mexico. Your New Mexico Registered Agent needs to have a physical street address in the state to receive official legal and tax documents in order to comply with the law in New Mexico.

You can hire a commercial Registered Agent service to represent you if you do not have a New Mexico address.

Complete the Registered Agent Acceptance Form

To complete the New Mexico Foreign Qualification, you Registered Agent will need to complete and sign the Statement of Acceptance of Appointment by Designated Initial Registered Agent. This form confirms that the agent has agreed to allow your company to use their address.

You can find the Statement of Acceptance form on the New Mexico Secretary of State’s website. You will need to submit this form along with all of the required documents to complete your Foreign Qualification.

File a Certificate of Registration in New Mexico

This is the official form that registers your out-of-state business in New Mexico. It must be filed with the Secretary of State and requires precise details about your company and its appointed Registered Agent.

The form requires the following details:

  • Your company’s exact legal name.
  • The state where the company was originally formed. 
  • The date when the company was formed. 
  • Your company’s mailing address.
  • Your contact information.
  • The name and address of the company’s Registered Agent in New Mexico.
  • The names and addresses of the company’s Members and Managers if an LLC, or Officers and Directors if a corporation.
  • A signature from an Authorized Person.

You need to pay a filing fee in order to submit the New Mexico Certificate of Registration. The filing fee in New Mexico is $100 for foreign LLCs and $200 for foreign corporations. State filing fees are included in the price of IncNow’s Foreign Qualification Service.

How IncNow Can Help

IncNow’s team prepares and files your company’s Certificate of Registration in New Mexico. We ensure all of your information is accurate to prevent rejections.

Maintain Your Good Standing in New Mexico

After registering in New Mexico, you will need to keep up with ongoing compliance requirements in the state. The New Mexico Secretary of State will send official notices regarding these requirements to your Registered Agent in New Mexico.

Please Note: IncNow’s service covers the successful initial filing of your foreign qualification. Ongoing compliance management is not included for New Mexico.

Order A New Mexico Foreign Qualification: $329 + State Fees

Frequently Asked Questions

What is a New Mexico Foreign Qualification?

If your LLC or corporation was formed in another state, like Delaware, but you are going to be doing business in New Mexico, you will need to properly register your business there first. This process is called Foreign Qualification and it involves obtaining a Certificate of Good Standing, appointing a Registered Agent and filing an Application for Certificate of Authority.

What does it mean to be "doing business" in New Mexico?

The definition of “doing business” is generally pretty broad. It can also be different in each state. But in general, you will likely need to register your company in New Mexico if you do any of the following:

  • Have a physical location like an office, store, or warehouse in the state.
  • Have employees who work in New Mexico.
  • Regularly sell products or provide services to customers in New Mexico.

If you’re not sure whether your company is considered to be doing business in New Mexico, the safest bet is to file a Foreign Qualification. States often charge large penalties and fines if businesses do not properly register themselves.

What is an "Assumed Name" and when would I need one in New Mexico?

An Assumed Name is like a nickname for your business. It’s a name you use in New Mexico that’s different from your company’s official legal name. This is also commonly known as a “DBA” (short for “Doing Business As”).

The main reason you would need an Assumed Name is if your company’s official name is already taken by another business registered in New Mexico.

Because no two businesses can have the same name, New Mexico would require you to choose a different, “assumed” name to use while operating in the state. Our filing process includes a name search to check if your name is available, and we can help you understand the next steps if it’s already in use.