To appoint a registered agent in New Mexico, the election will be made when forming the legal entity or by filing the Statement of Change of Registered Office or Registered Agent Form with the New Mexico Secretary of State – Business Services Division.

A registered agent in New Mexico must be either an individual resident of New Mexico, or a domestic corporation, limited liability company, or partnership having a place of business in New Mexico, or a foreign corporation, limited liability company, or partnership authorized to transact business in New Mexico and having a place of business in New Mexico. The entity can’t be its own registered agent.

The registered agent needs to have a physical street address (often referred to as a registered office or principal office) in the state of New Mexico. This can be your home address, the address of a family member, an accountant or attorney, the address of the business, or a commercial New Mexico registered agent service. Any physical address in the state may be used, but PO Boxes and mail drop services are not acceptable since someone has to be available to sign for documents.

The agent will also need to be available during normal business hours, which are defined as 9 am – 5 pm to receive legal documents, such as a summons, subpoena, or lawsuit filed against a business entity. 

The requirements for an entity to have a registered agent are formed under New Mexico Statutes § 53-19-5 (LLC) and Section § 53-11-11 (corporation), which mandate that registered entities will have and continuously maintain a registered agent and registered office within the state.  The agent must also be available during normal business hours at a physical address in the state of New Mexico to accept any service of process, notice, or demand pertaining to the entity and forward it to the appropriate individuals.  

Any individual, business owner, member, officer, director, etc., of a business entity that meets the state requirements, can be a registered agent in New Mexico.

Provided one of the members or officers lives in New Mexico, it is less expensive to act as your own agent rather than hiring a registered agent service, there are a few reasons to consider hiring a service.

If the Business Expands to Additional Locations – If the business has a physical presence in multiple states (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states. A registered agent will need to be appointed with a physical address in each state.

Privacy – The address of the registered agent becomes public record and is available for anybody to see. This can be especially concerning if someone is doing business on the side and they don’t want their employer to know about the business. Also, if the business is sued, the notice will be delivered to the address on file. This could mean employees, customers, or even neighbors witnessing the event. There is always the remote possibility of a vindictive litigant or upset customer showing up at your house.

Availability – New Mexico requires the registered agent to be available at the principal address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.

Due Date Reminders – Registered agent services provide annual report reminders and updates on any state requirements.

If you act as your own registered agent, there is no cost.

Depending on the services provided, a commercial registered agent service typically costs between $100-$150 per year. Northwest Registered Agent is a popular service that charges $125 per year and offers several extras such as document scanning and mail forwarding and Harbor Compliance has a basic service starting at $99.

Some entity formation companies, like IncFile, includes registered agent service at no cost for the first year when you register your corporation or LLC with them.

If the registered agent changes, the entity is required to file a change of registered agent.

A registered agent can be changed by submitting the Statement of Change of Registered Office or Registered Agent Form along with the filing fee to the New Mexico Secretary of State.

In addition to filing the form, if your entity uses an operating agreement or bylaws, be sure to update the registered agent’s information there as well.

The only liability a registered agent faces is a lack of timely transmission of correspondence to the business owners of the entity. If the registered agent is negligent in sending an important legal document promptly, and the entity suffers a financial loss, the registered agent is responsible for paying any damages.