Foreign qualification is the process by which a business entity formed in a different state seeks permission to conduct business in New Mexico. This involves registering with the Secretary of State in New Mexico and complying with the state's requirements for out-of-state companies operating within its jurisdiction.
There are 2 different ways to foreign qualify in New Mexico depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in New Mexico or use Mosey to do it.
Use Mosey to register with the Secretary of State in New Mexico.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
New Mexico Foreign Registration for LLC
Foreign limited liability companies "transacting business" in New Mexico must register with the New Mexico Secretary of State by filing a Foreign Limited Liability Company Application for Registration. While New Mexico does not explicitly define "transacting business," it does provide a list of activities considered not "transacting business.”
Acquire a Certificate of Good Standing
New Mexico requires a Certificate of Good Standing from your home state dated within 30 days.
Establish a Registered Agent
You must continually maintain a registered agent in New Mexico to accept service of process at your registered office in New Mexico. The registered agent must also sign a written consent to the appointment.
Complete and Submit the Application for Registration
Complete the Application for Registration, attach all required documents and filing fee, and submit your foreign registration documents by mail to the Secretary of State.
New Mexico Foreign Registration for C Corporation
Foreign corporations "transacting business" in New Mexico must register with the State's Secretary of State by filing a Foreign Profit Corporation Application for a Certificate of Authority. While New Mexico doesn't explicitly define "transacting business." it does provide a list of activities considered not "transacting business."
Acquire a Certificate of Good Standing
New Mexico requires a Certificate of Good Standing from your home state dated within 30 days.
Establish a Registered Agent
You must continually maintain a registered agent in New Mexico to accept service of process at your registered office in New Mexico. The registered agent must also sign a written consent to the appointment.
Complete and Submit the Application for Certificate of Authority
Complete the Certificate of Authority, attach all required documents and filing fee, and submit your foreign registration documents by mail to the Secretary of State.
What else do I need to know?
Once you are registered with the Secretary of State, you may have additional requirements to maintain your "good standing" in the state. Failing to do so can result in fines, back taxes, and forfeiting certain priveleges within the state.
Maintaining a Registered Agent
Most states require that you have a registered agent that can receive important mail from the Secretary of State should they need to contact you. There are many commercial options available or you can use Mosey to be your registered agent and keep your information private in New Mexico.
Annual Reports and Taxes
In addition to maintaining a registered agent, most states require you to file a report annually. Registration can also trigger state taxes such as a franchise tax or income tax. You can use Mosey to identify these additional requirements to maintain good standing in New Mexico.
