How to Incorporate a Business in New Mexico (NM)

There are three ways to incorporate your business in New Mexico:
  1. Hire a lawyer to do the job for you (the most expensive option)
  2. Walk in to the Secretary of State office and do it by yourself
  3. Use a professional incorporation company, like Active Filings.
When you hire Active Filings to incorporate your business in New Mexico, you’ll receive everything you need to track and maintain your company, including free expedited service, one year of registered agent service, and instant access to your online account where you can add additional services, track orders, maintenance requirements and digital notifications.
However, whatever method you choose, the section below will provide you the basic information you need to know about NM filings.

New Mexico Articles of Incorporation Requirements

The Articles of Incorporation is the formation document you file with the New Mexico Secretary of State to register your corporation with the state (LLCs file Articles of Organization). In New Mexico, you can file Articles of Incorporation by mail (it will take the SOS 3 months days to process your filing unless you expedite your filing). If you hire Active Filings to incorporate your business, we are authorized to file online with the state, and we’ll form your LLC or corporation in 1 business day.
To complete your New Mexico Articles of Incorporation, you’ll need to include the following information:
  • Company Name
    The name must contain the separate word “corporation”, “incorporation”, “company”, “limited” or abbreviation thereof. The name must not be the same as or confusingly similar to a name of any domestic or foreign corporation or the name reserved by or registered by another corporation, unless written permission of other corporation is obtained. The name must not imply purpose other than that contained in charter.
  • Company Purpose
    List the reason for forming the corporation or the business/activity which the corporation will engage in.
  • Authorized Shares
    List the number of shares of corporate stock you are currently authorizing. Technically, this is when you “create” your stock (more can always be authorized later), and that stock will be issued to your shareholders at your first shareholder meeting.
  • Registered Agent Information
    In New Mexico, a registered agent (also known as a resident agent) is an individual or business that serves as your company’s official point of contact for lawsuits and legal notices. As part of Active Filings’ incorporation service, we include a year of registered agent service when you hire us to incorporate your business in New Mexico.
  • Names and Addresses of the Incorporators
    The incorporator is the person or company authorized to form the corporation. For example, if you hired us, we would list ourselves as the incorporator. The incorporator does not have any stake in or claim to the corporation being formed.

Director Information

* Minimum Number – One or more.

* Residence Requirements. – No provision.

* Age Requirements – None.

* Directors are required to be listed in the articles of incorporation.

Officer Information

* The officers are not required to be listed in the articles of incorporation.

Stock Information

* An increase in the shares may cause an increase in the initial filing fee.

NM Yearly Requirements

Annual Statements

* Must be filed biannually on or before the 15th day of the 3d month following the end of their tax year. Filing fee, $25.

Income Tax Rate

* 4.8% of net income up to $500,000; over $500,000 but not over $1,000,000, $24,000 plus 6.4% of excess over $500,000; over $1,000,000, $56,000 plus 7.6% of excess over $1,000,000.

Franchise Tax

* Tax is imposed on every domestic corporation and every foreign corporation employed or engaged in the transaction of business in, into or from New Mexico or deriving income from property or employment in New Mexico, and on every domestic or foreign corporation having or exercising its corporate franchise in New Mexico, whether active or not. The rate is $50 each tax year.

For more information on taxes, visit www.state.nm.us/tax

More information about incorporating in New Mexico:


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