New Mexico lesson 3 of 6
File the Articles of Organization
The Articles of Organization creates a New Mexico LLC and is filed with the Secretary of State for a $50 fee, most commonly through the SOS Enterprise online portal.
What the form asks for
Under NMSA 1978 Section 53-19-8, the Articles of Organization must state the LLC's name, the street address of the registered office, the registered agent's name, and the street address of the LLC's principal place of business if different from the registered office. The statute does not require members or managers to be listed, and it does not require a stated duration since New Mexico LLCs are perpetual by default.
- One or more persons may form the LLC, and the organizer does not need to be a member
- A general statement of purpose is standard; itemizing every planned activity is not required
- No member or manager names or addresses are required fields on the Articles
Fee and filing route
The filing fee is $50. Filing through SOS Enterprise online is the fastest route; New Mexico also accepts paper filings by mail. Confirm current processing times on the Secretary of State's site, since they can shift with filing volume.
After approval
New Mexico does not require an operating agreement to be filed with the state, but adopting one internally is what actually sets out ownership, voting and distributions rather than relying on the default rules in the Limited Liability Company Act. Keep your certified filing and entity number, since your bank and the Taxation and Revenue Department will both reference it.
Key takeaways
- The Articles of Organization costs $50, filed with the Secretary of State through SOS Enterprise or by mail.
- Members and managers are not required fields on the Articles under NMSA 1978 Section 53-19-8.
- An operating agreement is not filed with the state but is worth adopting internally.
Frequently asked questions
Do I need to live in New Mexico to form a New Mexico LLC?
No. There is no residency requirement for members or managers. Only the registered agent must have a physical New Mexico address.
Does New Mexico require an operating agreement to be filed?
No. It is an internal document, not something you submit with the Articles of Organization, but banks and courts still look to it to determine how the LLC is actually run.
Official sources
Or let us file your New Mexico LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Articles of Organization, act as your registered agent, and track your ongoing deadlines.
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team