What is A New Mexico Amendment?
Any major changes in the information listed on the formation documents of your New Mexico company must be reported. You will have to file the proper paperwork. If the changes will affect the formal structure of your company, you will have to file an amendment.
Reasons Why You Need To File An Amendment
New Mexico requires businesses to report any changes to the company’s Articles of Incorporation/Organization. Whether your company is an LLC or a corporation, you will have to follow the state regulations. No matter what the purpose of the changes may be, your company has to make sure that they are recorded by the state.
A. Changing The Company Name –
- LLCs
If an LLC decides to change its business name, it has to ensure that it undergoes the process that the state of New Mexico has set. To do this, your company has to submit an amendment. You should also not forget to update all the records of your LLC with other government offices.
- Corporations
Some corporations also have to do business under a new company name. No matter what the reason is, your corporation has to go through the legal process of filing an amendment. Additionally, you will also have to update the company name on all official records with the state and government.
B. Changing Members Of The Business –
- LLCs
New Mexico LLCs have to keep the information of members and/or managers up to date. If there are changes in the names, addresses, or contact information of these officials, you have to file an amendment.
- Corporations
The state of New Mexico has to be aware of the officers and directors of corporations that do business in the state. However, your corporation cannot make these changes through an amendment. You can update that information in your Biennial Report. If you have submitted the report already, you can file a Supplemental Report within 30 business days of the change.
C. Changing Address Related To The Business –
- LLCs
Your company has to make sure the state knows where your office is located. However, you do not have to file an amendment to update the information. Your LLC can submit a written request signed by a member or manager.
- Corporations
Your corporation has to make sure the state knows your office address. However, New Mexico does not allow businesses to change it through an amendment. Your corporation has to file a Statement of Change of Registered Office/Agent to update its registered office. If you want to change your corporation’s operating address, you can do that online.
D. Changing Contact Information –
- LLCs
You have to keep the contact information of your New Mexico LLC updated so that the Public Regulation Commission knows how to reach your company. This way, it will be able to easily access your LLC in case it has legal queries or concerns. The amendment form has a section where you can put the phone number and email address of the LLC’s representative. Changes in details related to the LLC’s registered agent must be done using the Statement of Change of Registered Office/Agent form.
- Corporations
If there are changes in the contact information of your New Mexico corporation, make sure you inform the Public Regulation Commission. Doing this will make sure that your company receives alerts and queries from the commission. If there are any changes related to your company’s registered agent, use the Statement of Change of Registered Office/Agent form.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – New Mexico LLCs do not issue stock. So, this amendment only applies to corporations. If your New Mexico corporation decides to make changes to its authorized stock, you have to inform the Public Regulation Commission by filing an amendment.
What Is Needed To File An Amendment?
LLC
A domestic LLC has to file 2 copies of the Articles of Amendment to the Articles of Organization with the Public Regulation Commission. Foreign LLCs have to use the Application for Amended Certificate of Registration form and attach an authenticated copy of the amended articles filed in the home state. Fling comes with a $50 fee.
Corporation
Domestic corporations have to submit 2 copies of the Articles of Amendment to the Articles of Incorporation to the Public Regulation Commission. Meanwhile, foreign corporations have to use the Application for Amended Certificate of Authority form. An original and authenticated certificate of filing in the home state is necessary if the foreign corporation wants to change its company name. The filing fee for foreign corporations start at $50, while domestic corporations need to pay at least $100.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to New Mexico business owners who need help in handling formalities to ensure compliance with the state.
New Mexico Amendment FAQs
Is There A Filing Fee For The Amendment?
The filing fee for an amendment varies depending on the type of business entity. LLCs have to pay $50. Foreign corporations need to pay the $50 filing fee. If the amendment of a domestic corporation is not related to its authorized shares, the filing fee is $100. Those that want to increase the number of authorized shares have to take the difference between the increase and the current number of shares. The cost of the filing is $1 for every 1,000 shares. It ranges from $100-$1,000.
Expedited services are also available. Same-day processing requires an additional $300, while a 2-day service is worth $200.
What Information Is Required For The Articles Of Amendment?
LLCs have to provide the following information:
- Company name
- Organization date
- Exact text of the amendments
- Effective date
- Document delivery instructions
- Authorized signature
Corporations have to provide the following information:
- Company name
- Exact text of the amendments
- Document delivery instructions
- Authorized signature
How Long Does It Take The State To Process The Amendment?
The Public Regulation Commission usually takes up to 15 business days to process an amendment.
Do You Receive A Copy Of The Certified Amendment From The State?
The commission will return the duplicate copy along with a Certificate of Amendment to your company.
New Mexico Business Resources
New Mexico Office of Secretary of State
Phone:
505.827.4511
Address:
New Mexico Corporations Division
325 Don Gaspar Suite 300
Santa Fe, NM 87501
If you’re interested in more info on filing an amendment, call 888-366-9552.