How to Form a Corporation in New Mexico

Step 1) Verify & Secure Brand Name

To secure and register your brand name it must be unique, not too similar to another registered name in New Mexico, and shouldn’t contain any restricted wording. To check, conduct a free Business Entity Search through the state, and if there are potential trademark issues conduct another quick search using the TESS System through the U.S. Patent Office.

Keep in mind the name you choose should contain the words “Corporation”, “Incorporated”, “Company”,  or “Limited.” Abbreviations like, “Corp.”, “Inc.”, “Co.” or “Ltd.” are also acceptable. If needed, you can file an Application for Reservation of Corp. Name form that’s good for 120 days.

Filing Fee: $25

Step 2) Appoint A Registered Agent

As an corporate business entity, the law requires there to be a certified professional to represent your company and receive/process official documents on its behalf – court notices, tax forms, state filings, etc.

• Must be a natural citizen of the state of New Mexico,
• Must have a non-P.O. box street address or office address in New Mexico,
• Must always be available during regular business hours (9am to 5pm) M-F.

Note: You can get a qualified agent for free when you incorporate with IncFile or CorpNet.

Step 3) File Articles Of Incorporation

For your New Mexico corporation to be legally formed, you need to file Articles of Incorporation with the New Mexico Public Regulation Commission. It declares the basics of your brand for the public record including:

• Corporate name, address, purpose,
• Name and address of New Mexico registered agent,
• Number of shares the corporation is permitted to issue,
• Name and address of every incorporator,
• Name and address of every member of the Board of Directors, and so on.

Filing Fee: $100 Minimum

Step 4) Get A Corporate Records Book

Think of this as the hard copy record book where all critical corporate documents are kept like the Articles of Incorporation, Bylaws, meeting minutes, stock certificate ledger, stock certificates, stock certificate stubs, stock transfer documents, etc. It’s the ultimate company binder! They’re very common and while not necessary having one is highly recommended for all serious business entities.

You can find them at nearby office supply stores or on Amazon, but we’re huge fans of Corporate Kits which include gorgeous records books/binders you can brand for as little as $99.

Step 5) Elect Director, Meet, Discuss Bylaws

Appoint at least 1 initial Director who among other things will oversee the corporation until the first shareholder meeting where new directors will be voted in. Prepare an “Incorporator Statement” with complete names and addresses of each director and keep it in your records book. Once elected, an initial meeting should:

• Appoint officers & discuss/create Corporate Bylaws.
• Choose a bank & approve the issuance of stock certificates.
• Agree on corporate seal and adopt official stock certificate form.
• Approve s-corp (opt.). Record Minutes of Meeting, have directors sign, then add to records book.

Step 6) Open A Business Bank Account

First of all, your corporation’s financials need to be separate from all other accounts or streams of financial data. Don’t just assume you should set it up where you or your team already have personal bank accounts. Would that be convenient? Yes, but keep in mind there are plenty of options – local, state, and national banks as well as credit unions.

Try to look at the differences in fees, kickbacks, incentives and financial services on an annual basis when you do your comparisons. Just don’t be hasty. Do some homework. Here’s a quick breakdown article on Business Checking Accounts from some of the biggest banks to begin your research.

Step 7) Handle Taxation & Licensing/Permits

As a legally operating corporation, you’re required to be 100% compliant with all relevant local/state/federal agencies. Ideally you should have an attorney or at least be working with a professional filing service. Otherwise, here are four steps to get started:

1. Get an EIN, or Employer Identification Number, freely and quickly through the IRS Website.
2. Bookmark the Albuquerque Small Business Administration office and NM Small Biz-Dev Center.
3. To form an S-Corp, submit Form 2553 with the IRS and be sure all board of directors have signed it.
4. Consider professional Business License Research packages that take care of the legwork for you.

Need Help Incorporating?

If you’d prefer to have a reliable service incorporate in New Mexico for you, here are the two most popular services:

– IncFile ($49 + state fee) for basic & quick incorporation.

– LegalZoom ($149 + state fee) for the most popular incorporation service available.