A New Mexico LLC Registered Agent is a person or business entity that’s appointed to receive service of process on behalf of an LLC. It is necessary for every LLC in NM to appoint and maintain a registered agent in the state at all times.
Service of process includes legal documents like the notice of a lawsuit, summons, and subpoenas. To receive these documents, the registered agent must maintain a physical street address in the state. This is the address where process servers will deliver documents. Additionally, certified mail (or documents) can be easily delivered to this address.
The agent also serves as a general point of contact between the state and the LLC. Therefore, the agent may receive official communication from the state, including payment reminders and tax notices.
Who Can Be A New Mexico Registered Agent?
Legal Requirements For Being A Registered Agent In New Mexico
New Mexico has a few regulations and requirements for someone to be a registered agent in the state. These are fairly simple and easy to manage.
- The registered agent must have a physical street address in New Mexico. This is the registered office of the company. PO Box addresses or similar aren’t accepted.
- If the agent is a person, he or she must be capable of receiving legal documents.
- If the agent is a business, it must have permission to conduct business in the state.
In most cases, the business as a registered agent is usually represented by commercial registered agents. These businesses offer their services as agents for a fee.
The requirements are straightforward and leave plenty of room for the New Mexico LLC to appoint its registered agent. Considering the above regulations, you could have the following as your NM LLC registered agent.
- You can be your own registered agent in New Mexico.
- It’s possible to appoint family members/friends as the registered agent.
- You can hire a commercial registered agent.
This list is not exhaustive. You could, for example, ask someone you trust to be the registered agent. Appointing yourself or someone you know (family/friends) as the agent has the benefit of saving you some money.
Meanwhile, hiring a commercial agent will require a fee, but is likely to carry the added benefits of being a professional and reliable service. Many registered agents also offer additional services, which can make things easier for you.
Whatever route you take, it’s important to make sure that the registered agent is up to the job. There are responsibilities of this role that an agent must understand and fulfill.
Responsibilities Of A Registered Agent In New Mexico
A New Mexico Registered Agent should be capable of handling the following necessities at the minimum.
- Maintain a registered office for the LLC. This is a physical street address where service of process and certified mail can be delivered.
- Be available during normal business hours in case service of process arrives.
- If/when service of process arrives, receive it on behalf of the LLC and immediately inform the company.
- Receive any official communication from the state and forward it to the LLC (as necessary).
Receiving service of process is an important role, even if the registered agent doesn’t necessarily have to be a full-time employee of the company. So, whatever route you take for the agent, make sure that they can handle the job properly.
Who To Appoint As Your Registered Agent In New Mexico
Taking the DIY route can seem simple enough. Rather than paying and hiring a commercial registered agent, you could do the job yourself or have family/friends do it. But don’t just consider this as a purely monetary decision. You have to be sure that the agent is legally qualified and can handle the responsibilities of this role.
One of the foremost elements worth considering is reliability. And this is where you have to consider if going the DIY route could be problematic. Most people may have trouble manning the registered office regularly. You could be away on vacation or out for an errand when service of process arrives. The chances of this happening are low, but there’s a possibility anyway.
Privacy is another point that a registered agent should consider. The address of the agent (registered office) is part of the public record in New Mexico. This means that the address will be available to anyone willing to search for it.
Many people aren’t comfortable with this and may not want to be the registered agent. On the other hand, if these circumstances don’t faze you, or if you’re confident with the arrangements, you may work as your own registered agent.
The above circumstances generally apply to domestic LLCs (companies native to NM). The situation could be very different for foreign LLCs setting up shop in New Mexico. There’s a good chance you won’t have NM resident friends or family to appoint as the registered agent. In which case, hiring a commercial agent is the most plausible route.
Though this decision isn’t exclusive to foreign LLCs. Domestic companies too hire commercial agents simply for the reliability and convenience they offer.
Hiring A New Mexico Commercial Registered Agent
Many LLCs, domestic or foreign, choose to hire businesses as their New Mexico registered agent. There are several New Mexico commercial registered agent services to consider. Many of these are local companies, while several national companies are also available.
The cost of hiring an agent usually varies with the agent and the services on offer. In most cases, this is $100-$300 annually. However, the exact cost will depend on the services available. And this is something to consider carefully.
Receiving service of process and notifying the LLC is important for the agent. Some agents will quickly scan and upload the documents for the LLC before mailing them. Others might simply choose to mail the documents. Many agents may take an entirely different approach. Point is, whatever route they take, you should see that it is suitable for your LLC.
At the very least, you should expect the following from your commercial registered agent.
- Professional service: The commercial agent is likely to have a fully staffed office. They should be able to receive, handle, and further manage the service of process without trouble.
- Reliability: As a business, a commercial registered agent should have no trouble manning the registered office of the LLC during normal business hours. So, receiving and handling service of process and other correspondence shouldn’t pose a problem.
- Privacy: Since the address of the commercial agent will be used in all pertinent filings, your own address can remain private.
- Convenience: With the commercial registered agent handling the responsibilities, you’ll have less to worry about and can focus more on your business.
Before appointing your New Mexico LLC Registered Agent, it’s usually a good idea to do a search and due diligence. Checking their reviews online and speaking to current or former clients can provide good insights.