How to File the Articles of Incorporation for a New Mexico Nonprofit

Person submitting paperwork.

Filing the Articles of Incorporation is a critical step in starting a 501(c)(3) Nonprofit in New Mexico. Whether you have been running a charity for a while or are just starting out, your nonprofit organization will need to fill out the Articles of Incorporation and file them with the State of New Mexico. This will allow you to file for 501(c)(3) status and reap the benefits of having an official 501(c)(3) nonprofit.

Want to form a nonprofit elsewhere? Check out our other How to Start a Nonprofit guides.

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Starting a 501(c)(3) nonprofit in New Mexico is easy, just follow these easy steps to file the New Mexico Articles of Incorporation:

If you are starting a 501(c)(3) nonprofit in New Mexico, you have come to the right place. After reading the comprehensive guide for New Mexico nonprofit formation, follow this guide to file the New Mexico Articles of Incorporation with the Secretary of State.

What is covered in this guide:

  1. Information you will need to file the New Mexico Articles of Incorporation
  2. How to file the New Mexico Articles of Incorporation
  3. New Mexico Nonprofit Formation FAQ

Information you will need to file the New Mexico Articles of Incorporation

To become a nonprofit corporation in New Mexico you must file DNP, the Articles of Incorporation for nonprofit corporations.

Here are the sections that you will need to complete.

Article 1: Entity Name

Enter the name you selected.

For help with selecting a name for your nonprofit read our comprehensive guide on how to name a New Mexico nonprofit.

Article 2: Duration

Most organizations are created with no specific end date in mind. If this is true for your nonprofit, enter perpetual.

Article 3: Purpose

Describe the purpose of your nonprofit organization.

In order to qualify for 501(c)(3) status, the organization’s purpose must explicitly be limited to one or more of the following:

  • Charitable
  • Religious
  • Scientific
  • Literary
  • Testing for public safety
  • Fostering national/international amateur sports competition
  • Preventing cruelty to animals/children

NOTE: You can read the IRS guidelines.

Article 4: Registered Agent and Registered Office

The registered agent can be any entity registered to do business in New Mexico or any person who is a resident of the state. Your organization cannot act as its own registered agent.

Any person you designate as the registered agent must have already explicitly consented to act as the registered agent for your organization and you are required to attach the Statement of Acceptance of Appointment by Designated Initial Registered Agent form (Page 3 of DNP) to your Articles of Incorporation when you submit it.

Enter the information of the registered agent you have selected.

For more information read our guide: What is a registered agent? And The New Mexico Registered Agent Guide.

Article 5: Initial Directors

At least 3 directors will need to be named.

Enter the information of the directors selected.

Article 6: Incorporator(s)

The incorporator is the person who completes, signs, and submits the Articles of Incorporation. This person does not need to be a part of your organization. This can be you or a lawyer helping you with the process of formation. Enter the name and address of each incorporator.

Execution

When the incorporators sign and date the form they are affirming everything written in the form.

Supplemental Provisions and Information

To comply with 501(c)(3) regulations, you need to include an article that formally states what the assets of the organization will be used for, and what will happen to the assets if the organization is dissolved.

To be eligible for 501(c)(3) status, you must convince the IRS that the organization’s assets will always only be used for the purposes approved under 501(c)(3) rules. To this end, you must include provisions ensuring that in the event your organization is dissolved, the assets of the organization will be used towards tax-exempt purposes.

Section 5 of this sample document provides an example of these provisions required for 501(c)(3) eligibility.

How to file the New Mexico Articles of Incorporation

The Articles of Incorporation must be submitted by mail along with the following resources:

  • Statement of Acceptance of Appointment by Designated Initial Registered Agent form
  • Document Delivery Instruction

New Mexico Secretary of State
Business Services Division
325 Don Gaspar, Suite 300
Santa Fe, NM 87501

The filing fee is $25.

  • Personal checks or money order must be made payable to the "New Mexico Secretary of State"

New Mexico Nonprofit Formation FAQ

How long does it take to process Form DNP?

It can take anywhere from 15 business days to 3 months.

How do I contact the Secretary of State for more information?

You can call for information at (800) 477-3632 or visit them at their website.