A New Mexico Certificate of Authority (CA) is required if you want to conduct business in New Mexico. If your company does business in another state, you must obtain a CA from New Mexico. In addition, if your company is incorporated in New Mexico, you must register with the New Mexico Secretary of State.
To qualify for a New Mexico CA, your company needs to fill out an application form and pay $50.00 fee. The process takes about one week to complete. Once approved, you will receive a certificate number. Your CA will issue you a temporary CA number while your permanent CA number is being processed.
If you decide to close your business in New Mexico, you will need to renew your CA every five years. There are two types of companies which require a CA: Corporations and Nonprofit Organizations.
Corporations are businesses organized under the laws of the United States. They include both domestic and foreign companies. Foreign companies are those formed outside the US. Domestic companies are those formed within the United States.
Nonprofit Organizations are companies whose purpose is to provide some type of public benefit. Examples include hospitals, schools, religious institutions, etc.
Table of Contents
What is a New Mexico certificate of authority?
A company must obtain a New Mexican certificate of authorization if it wishes to do business in New Mexico. Companies that are incorporated outside the state should consider applying for a certificate before conducting business in New Mexico. The New Mexico secretary of State maintains records of all companies licensed in the state, which help businesses comply with local regulations and ensure compliance with federal laws.
What kind of certificates do I need?
If you plan on opening an office or physical location somewhere else, you’ll need to obtain a Certificate of Authority (COA). This document allows your business to legally operate in a specific place. In some cases, it’s even necessary to hire employees in another state.
Before starting a contract or a new job in another state, you’ll need to apply for a COA. Depending on where you’re doing work, you may need to provide proof of liability insurance, tax IDs, or other documents.
What steps must I take to obtain a New Mexico certificate of authority?
To obtain a New Mexico Certificate of Authorization, you must submit an application to the Secretary of State. You must provide proof of ownership and establish a registered agent before your application can be approved.
For Foreign Corporations:
A foreign corporation must apply for agency certification if its authorized capital exceeds $100,000. If it does, an application for agency certification requires no evidence of the corporation’s existence beyond the articles of incorporation.
An application for agency certification does NOT require a certified copy of articles of incorporation or other legal documents.
Certificates of good standing ARE NOT REQUIRED FOR APPLICATIONS SUBMITTED UNDER SECTION 5601(B)(3), AND THE CORPORATION MAY BE ADMINISTERED WITHOUT SUCH DOCUMENTS.
For Foreign Limited Liability Companies:
A foreign limited liability company (LLC) must file an application with New Mexico’s Secretary of State’s Office to register its agent in New Mexico. If the LLC’s principal place of business is outside of New Mexico, it must file an Application for Registration of Agent/Foreign Corporation with the Secretary of State’s Office.
The LLC must pay a $15 filing fee. Once registered, the LLC must obtain a certificate of good standing from the Secretary of State’s office.
For Foreign Nonprofit Corporations:
The Internal Revenue Service requires organizations applying for tax-exempt status to file Form 990-NONPROFIT with the IRS. This form includes information about the organization’s purpose, governing body, financial statements, and certain other items.
For Foreign Professional Corporations:
Foreign professional corporations are businesses formed under the laws of another state or territory. These companies are often used to avoid paying taxes in states where the company does no business. To form a foreign professional corporation, you must complete an application with the Secretary of State. You must pay a fee and provide documentation that proves the company meets certain requirements.
There are two ways to obtain one: through the Secretary of States office or through a private company called a Registered Agent. Companies that want to use a Registered Agent must pay a registration fee and submit documents proving the agent is authorized to accept service of legal papers.
The cost to register varies depending on how many shareholders the company wants to represent.
For Foreign Limited Partnerships:
Foreign limited liability partnerships are required to register their names with the New Mexico secretary of state’s office if they want to do business in New Mexico. This includes filing a certificate of good standing with the state. However, for foreign limited liability limited partnerships (LLLP), there is no requirement to do so. Instead, LLPs can simply file articles of organization with the secretary of state.
For Foreign Limited Liability Partnerships:
A foreign limited liability partnership is a type of entity similar to a domestic corporation. Unlike corporations, however, foreign limited liability partnerships do not have shareholders. Instead, members of foreign limited liability partnerships are called partners.
An LLC is a type of legal entity that allows individuals to engage in multiple businesses without being forced into one large corporate structure. For example, if I own a company, I cannot sue myself. But, there are many situations where it makes sense to create separate legal entities for each individual involved in the business.
In addition to having a name and registration number, a foreign limited liability partner needs to file paperwork with the Secretary of State’s Office. The purpose of filing papers is to provide notice to potential creditors of the existence of a foreign limited liability partnership. Once filed, the foreign limited liability partner can transact business within the State of New Mexico.
For Foreign Limited Liability Limited Partnerships:
1. If the foreign limited liability partnership does not maintain a registered office in New Mexico, it must obtain a certified copy of its good standing certificate from the secretary of state.
2. A foreign limited liability partnership that maintains a registered office in New Mexi c o u n t y shall file a certification of good standing with the secretary of state within 90 days after filing its articles of organization.
3. For purposes of this section, “good standing” means that there are no pending or threatened suits, actions, or proceedings against the foreign limited liability partnership that could adversely affect its ability to carry out its obligations under the laws of New Mexico.
4. The secretary of state shall provide a free copy of the form upon request.
5. Certificates of good standing shall expire three years from the date of issuance.
6. Notarized acknowledgments of receipt of information may be filed with the secretary of state. The secretary of state shall retain such documents for five years following the filing date.
7. An affidavit of compliance signed by the general partner of a foreign limited liability partnership shall be filed with the secretary every six months during the term of the foreign limited liability partnership. The secretary of state shall retain such affidavits for five years following the fIling of the affidavit.
Frequently Asked Questions
What is a registered agent?
A registered agent is someone designated to receive legal documents and notices on behalf of a corporation. This person is responsible for filing important paperwork with the appropriate government agencies. In many cases, a registered agent is a natural person, such as yourself.
How long does it take for the state to process the New Mexico Certificate of Authority?
The New Mexico Secretary of State’s Office processes applications for companies incorporated in New Mexico. The normal processing time is about 15 business day. However, there are several steps involved in the process. First, the applicant must file a completed form with the Secretary of State s office, including a $100 filing fee ($150 if filing electronically). Then, the Secretary of State‘s Office sends the completed forms to the Division of Corporations, where the corporation is reviewed for compliance with applicable laws. Once approved, the Division of Corporations mails the certificate of authority to the applicant. Finally, the applicant must pay the appropriate fees and return the original document to the Secretary of State‚Äôs office within 30 days of receiving the certificate.
Suppose the applicant wants to expedite the process. In that case, he or she can apply online, pay the required fees via credit card, and receive the certificate of authority within five business days.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.