New Mexico Corporation Requirements

Each state has different requirements for forming a corporation. Whether you are starting a business or incorporating a business already in existence, you’ll want to understand state requirements for New Mexico incorporation.

Cost to incorporate in New Mexico

At BizFilings, we clearly outline our fees and the state fees to form a New Mexico corporation. View our pricing to incorporate as a C corporation or S corporation to plainly see:

• BizFilings’ package prices. BizFilings offers three incorporation service packages from which you can choose.
• State fee for standard turn-around. Our pricing clearly shows the state fee to incorporate in New Mexico with standard turn-around.
• Expedited turn-around. You will see the BizFilings and state fee, if any, for expedited turn-around.
• Certified copy. Our pricing also clearly displays the BizFilings and state fee, if any, for issuing a Certified Copy of the Articles of Incorporation.

Corporate Name

The name must contain the word "Corporation," "Incorporation," "Company," "Limited" or an abbreviation thereof. The name must not be the same as or confusingly similar to the name of any domestic or foreign corporation, or a name reserved by or registered by another corporation unless written permission of other corporation is obtained. The name must not imply a purpose other than that contained in the Articles of Incorporation. The words "Bank," "Insurance," "Little League," "Olympic" and "Trust" cannot be used.

Director information

The following are New Mexico’s requirements for directors of corporations:

• Minimum number. Corporations must have one or more directors.
• Residence requirements. New Mexico does not have a provision specifying where directors must reside.
• Age requirements. New Mexico does not have age requirements.
• Inclusion in the Articles of Incorporation. Director names and addresses are required to be listed in the Articles of Incorporation.

Requirements for the Articles of Incorporation

The document required to form a corporation in New Mexico is called the Articles of Incorporation. The information required in the formation document varies by state. New Mexico's requirements include:

• Officers. Officer names and addresses are not required to be listed in the Articles of Incorporation.
• Stock. Authorized shares and par value must be listed in the Articles of Incorporation. An increase in the number of shares or par value can affect initial filing fees.
• Registered agent. Corporations must list the name and address of a registered agent with a physical address (no post office boxes) in New Mexico. The registered agent must be available during normal business hours to accept important legal and tax documents for the business.

Other filings required at time of incorporation

Some states require additional filings or steps at the time of incorporation, such as a county level filing, publishing notice of the incorporation in a local newspaper or an initial report filing. New Mexico requires the following:

• Initial report. New Mexico requires corporations to file an initial report within 30 days after incorporation.

Professional services businesses

New Mexico allows professionals, such as accountants, attorneys and physicians, to form a professional corporation (PC).

After forming a corporation, you must undertake certain steps on an ongoing basis to keep your business in compliance. These steps are also important in preserving the limited liability a corporation provides its owners. This guide outlines the ongoing requirements for New Mexico corporations.

Corporate records

New Mexico corporations must keep the following items with their corporate records at the principal place of business or registered office:

• Complete books and records of account
• Minutes of director and shareholder meetings
• A list of shareholders including their names and addresses and outlining the number and class of shares held by each

Corporate taxes and fees

The following are taxation requirements and ongoing fees for New Mexico corporations:

• Biennial report and franchise tax. New Mexico requires corporations to file a biennial (every two years) report on or before the 15th day of the third month following the end of the corporation’s fiscal year. The filing fee is $25. New Mexico also requires corporations to file a franchise tax with their corporate income tax. The franchise tax is due by the 15th day of the third month following the close of the tax year. The fee is $50.
• Taxes. For complete details on state taxes for New Mexico corporations, visit Business Owner's Toolkit or the State of New Mexico .
• Federal tax identification number (EIN). An EIN is required for corporations that will have employees. Additionally, most banks require an EIN in order to open a business bank account.
• State tax identification number. New Mexico requires a state tax identification number.

Business licenses

Business licenses and/or permits are required for most businesses. The BizFilings Business License Application Package  can help you stay on top of these requirements.

S corporation election

New Mexico recognizes the federal S corporation election and does not require a state-level S corporation election.

Additional New Mexico information

View the following additional resources BizFilings has for forming and maintaining companies in New Mexico:

• New Mexico LLC Formation