New Mexico nonprofit organizations will likely need to appoint and retain a registered agent.
A registered agent receives all official paperwork from the State of New Mexico, they also receive any service of process a business may be served in a lawsuit.
Choosing a registered agent for your 501(c)(3) nonprofit is the second step in our complete guide, How to Start a Nonprofit in New Mexico.
Check out our other guides for a look at How to Start a Nonprofit Organization or How to Choose a Registered Agent in other states.
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What Is a New Mexico Registered Agent?
Section 53-8-8 of the New Mexico Nonprofit Corporation Act defines registered agent requirements in the following way:
Each corporation shall have and continuously maintain in New Mexico:
- a registered office which may be, but need not be, the same as its principal office; and
- a registered agent, which agent may be either an individual resident in New Mexico whose business office is identical with such registered office, or a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in New Mexico, having an office identical with such registered office.
Putting It Into Practice
A registered agent is a professional who will serve as your organization’s representative to the New Mexico Secretary of State while you operate your business. Some states refer to registered agents as resident agents, statutory agents, or service of process agents.
Your registered agent typically will receive correspondence, such as compliance information and tax notifications, on behalf of your organization. Registered agents also are in charge of accepting service of process documents. This simply means your registered agent will accept the legal summons and documents on your nonprofit’s behalf in the event someone sues your nonprofit.
In New Mexico, the requirements for registered agents include:
- They may be domestic or foreign individuals or business entities.
- Individuals must be New Mexico residents that are at least 18 years of age.
- Business entities must be registered to operate in New Mexico.
- They must have a physical address (not just a P.O. box) in New Mexico.
- They must always be available at said physical address during regular business hours.
Can I Be My Own Registered Agent in New Mexico?
Any individual can serve as your nonprofit’s registered agent as long as they meet the requirements listed above. You may choose to act as your nonprofit’s registered agent; you may also select a member of your board of directors or a reliable friend.
If you choose to act as your organization’s registered agent, you must understand the importance of this position. If you miss a filing deadline or lose a document, you could put your nonprofit’s compliance status at risk and the Secretary of State could revoke your nonprofit’s corporation status.
Many nonprofits and other businesses choose to hire a professional registered agent service to ensure their organization remains in compliance at all times.
Should My Nonprofit Use a New Mexico Registered Agent Service?
Before you decide to hire a New Mexico registered agent service, be sure to consider the advantages and disadvantages of this approach.
Advantages
You might consider hiring a registered agent service for your nonprofit organization for several reasons. Specifically, this approach can:
- Save You Time: When you first start your New Mexico nonprofit, you need to focus on doing everything you can to make it successful. Hiring a professional registered agent service will allow you to focus on what’s important while the registered agent takes care of all incoming mail and official notices. In addition, they’ll often remind you of upcoming important filings or deadlines.
- Protect Your Personal Privacy and Your Business’s Reputation: Unfortunately, at some point in time, your organization may face a lawsuit. When you hire a professional registered agent service, all service of process notices will be delivered to a business address. If you act as your own registered agent, law enforcement agents could deliver these notices to your home or your place of work, depending on the address on file.
In addition to protecting your privacy and your business’s reputation, registered agent services are accustomed to receiving and properly handling this legal paperwork. This will help ensure your organization doesn’t lose a lawsuit on a technicality because you forgot to file something on time or you mishandled something due to not knowing how the legal system works. - Ensure Prompt Handling of Your Business Mail: Because a registered agent service’s primary job is to serve as a registered agent for a number of organizations, you can be sure they’ll address any mail they receive promptly. In addition, they’ll be available during their normal business hours to answer any questions you might have about these documents.
- Keep Your Nonprofit Compliant: You must ensure your nonprofit remains compliant with the requirements set forth by the State of New Mexico and the federal government (if you successfully apply for 501(c)(3) status). Hiring a registered agent service will help ensure you don’t miss a single filing.
- Offer Convenience: Registered agents are required to be present at their listed address during business hours. That means hiring a registered agent service will allow you to take off work as needed and choose a flexible working schedule if desired.
- Provide National Support: If you think you may want to grow your organization nationally, choose a national registered agent service so it can continue to support you as your business grows.
Disadvantages
The only disadvantage of hiring a registered agent service is that it costs money, whereas you could act as your own registered agent for free.
Do I Need to Hire a Professional Registered Agent Service?
While hiring a professional registered agent service can be a great idea for several reasons, it becomes essential in some situations. If you answer “yes” to any of the following questions, you should hire a registered agent service for your nonprofit.
- Does your nonprofit keep irregular business hours? As previously noted, your nonprofit’s registered agent must be available at their listed address during standard business hours. If your nonprofit’s operating hours fall outside the standard 9-to-5, you’ll need to hire a registered agent service.
- Do you live out of state? Your nonprofit’s registered agent must be a resident of the state in which your nonprofit is incorporated. If you’re not a New Mexico resident, you’ll need to hire a New Mexico registered agent to represent your nonprofit.
- Is your nonprofit located in multiple states — or will it be in the future? If your nonprofit currently operates in multiple states — or has plans to do so — you must appoint a registered agent in every state in which it will operate. Because you obviously can’t be in two places at once, it’s essential that you hire a registered agent service.
- Will you operate without a physical address? If you plan to solely operate your nonprofit online, or without a physical address, you won’t have a business address to list on your Articles of Incorporation and other important legal documents. By hiring a professional registered agent service, you can list their agency’s physical address on all documents.
How Do I Choose a Registered Agent in New Mexico?
You must select a registered agent for your New Mexico nonprofit when you file your nonprofit’s Articles of Incorporation. The Articles of Incorporation is the primary nonprofit formation document in New Mexico.
Choosing a Registered Agent by Mail
To form your New Mexico nonprofit by mail, download the Articles of Incorporation form, fill it out in its entirety, and submit the original plus one copy along with the $25 filing fee to the New Mexico Secretary of State. You will list your registered agent’s name and contact details in Article 4.
Along with your Articles of Incorporation, you must submit a Statement of Acceptance of Appointment by Designated Initial Registered Agent form (included with the Articles of Incorporation), which your registered agent must sign to consent to their appointment.
How Do I Change My Nonprofit’s Registered Agent in New Mexico?
The Nonprofit Corporation Act Section 53-8-9 sets forth the necessary process for changing a registered agent by the nonprofit:
A. A corporation may change its registered office or change its registered agent, or both, upon filing in the office of the public regulation commission [secretary of state] a statement setting forth:
(1) the name of the corporation;
(2) the address of its then registered office;
(3) if the address of its registered office be changed, the address to which the registered office is to be changed;
(4) the name of its then registered agent;
(5) if its registered agent be changed:
(a) the name of its successor registered agent; and
(b) a statement executed by the successor registered agent in which the agent acknowledges acceptance of the appointment by the filing corporation as its registered agent, if the agent is an individual, or a statement executed by an authorized officer of a corporation that is the successor registered agent in which the officer acknowledges the corporation’s acceptance of the appointment by the filing corporation as its registered agent, if the agent is a corporation; and
(6) that the address of its registered office and the address of the office of its registered agent, as changed, will be identical.
B. The statement pursuant to the provisions of Subsection A of this section shall be executed by the corporation by an authorized officer of the corporation and delivered to the public regulation commission [secretary of state]. If the public regulation commission [secretary of state] finds that the statement conforms to the provisions of the Nonprofit Corporation Act, it shall file the statement in the office of the public regulation commission [secretary of state], and upon such filing, the change of address of the registered office, or the appointment of a new registered agent, or both, as the case may be, shall become effective.
Putting It Into Practice
To legally change your New Mexico nonprofit’s registered agent, simply fill out a Statement of Change of Registered Agent form online and pay the $20 filing fee.
Your new registered agent must also consent to their appointment by signing a Statement of Acceptance of Appointment by Designated Successor Registered Agent form, which you must upload to your online filing.
Conclusion
When working in a nonprofit environment, you have more important things to focus on than checking the mail, filing legal documents, and worrying about remembering compliance deadlines. That’s what a registered agent can do for you. When you hire a professional registered agent service, you can leave these tasks in their capable hands and truly focus on what matters most to your organization.
Frequently Asked Questions
Who can serve as a nonprofit’s registered agent?
In the state of New Mexico, anyone 18 or older may serve as your nonprofit’s registered agent as long as they’re a state resident and available at their listed address during standard business hours during the week. We do, however, recommend all nonprofits use a registered agent service.
How much does a New Mexico nonprofit registered agent cost?
Although using a registered agent service can cost your nonprofit between $50 and $300 per year, it will save you time, money, and stress in the long run.
How much does it cost to change my nonprofit’s registered agent?
Changing your New Mexico nonprofit’s registered agent with the Secretary of State costs $20.
What is a statutory agent?
A statutory agent is another name for a registered agent.
What is a resident agent?
A resident agent is another name for a registered agent.
What is a service of process agent?
A service of process agent is another name for a registered agent.
What does service of process mean?
Service of process simply means receiving legal documents, such as a court summons. A court summons is a document that requires a representative of your organization to appear before a judge because of a pending lawsuit.
What is the difference between a commercial registered agent and a noncommercial registered agent?
Most states require nonprofit owners to provide their nonprofit’s registered agent’s name and address when forming your nonprofit. In some states, you will be asked whether you are electing a commercial or noncommercial registered agent. Some states refer to professional registered agents as commercial agents and individual agents as noncommercial.