Legal Blog
Selecting an Agent in New Mexico: The First Step in Forming an LLC in the State
Even before someone is allowed to file all necessary documents with the Secretary of State, they are required by the State of New Mexico to have a registered agent. The registered agent is technically the official contact point to whom all legal, business, tax and due payment notices will be sent by all external parties.
As this legal statute has created a number of registered agencies in the state, it is important to be careful about selecting the right one since not every registered agent is trustworthy.
The agent needs to be a resident of New Mexico and have an office/address in the state. The said agency/address must remain available in between 9 am to 5 pm (MST) since this is the time frame, within which the Service of Process is supposed to officially arrive on every working day.
Can You be Your Own Registered Agent?It must be made clear that although in order to start an LLC business in the State of New Mexico, you do need a registered agent, it can indeed be the business owner himself/herself.
Additionally, a close friend or a family member can also be registered as an agent for your LLC, but only as long as that individual is a resident of New Mexico, with proof of local address.
What If You Stay Outside the State?If the LLC belongs to an external party that doesn't reside within New Mexico, they cannot be the registered agent of course. Which is why there are so many registered agents available for business in the state.
National Registered Agents are Not IdealAs already mentioned, due to so many options, choosing the right one is difficult, but national registered agents are certainly not the ideal choice.
What happens is that they have way too much on their hands and, therefore, would most likely hand over the job to some local agent in New Mexico. As you have to pay both the national registered agent and the local agent indirectly, the cost will always be a lot more than if you directly contacted a local agency in the state for the same. In other words, cut out the middle man from the operation.
What Should You Expect from a Registered Local Agent in New Mexico?To find the best registered agent in New Mexico, look for the following qualities.
- Anonymity and privacy regarding the documents which they handle on your behalf
- Free mail Scanning is a basic functionality that should be part of the package, and should not incur extra charges
- Mail forwarding, virtual office, and an online portal
- When switching agents, the new agency should handle all the paperwork necessary
- Great customer service
It is to be noted that registering a friend or a family member as the agent for your LLC may not be a good idea unless you are absolutely sure about their sincerity and availability. Most people work after all, and if the Secretary of State attempts to reach the registered agent during the 9 – 5 timeframe without success, the state may decide to dissolve the entire business!
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