New Mexico Attorney General - Charities Unit


Please Note

We are a service company that can help you file with the New Mexico Attorney General - Charities Unit. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.


Contact Information

Physical address:
201 3rd Street NW Suite 300
Albuquerque, NM 87102

Mailing address:
408 Galisteo Street
Villagra Building
Santa Fe, NM 87501

Phone: (505) 717-3500
Fax: (505) 318-1050

Web: Home Name search
Email: Charity.Registrar@nmag.gov

Licenses

We track the following licenses with the New Mexico Attorney General - Charities Unit in order to provide compliance services to our clients. As a client, you see this and other Compliance Core™ data in License Manager in-line with your licenses.

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New Mexico Charitable Organization Registration

Agency:New Mexico Attorney General - Charities Unit
Law:

New Mexico Statutes Ann. § 57-22-1 et seq.

Foreign Qualification is Prerequisite:No
Registered Agent (Special Agency) Required?Yes

Automatic Exemption

Exemption Eligible Organizations:
  • Religious organizations
  • Educational institutions and organizations defined in Section 6-5A-1 NMSA 1978
  • Persons soliciting for an individual or group that has suffered a medical or other catastrophe if the individual or group is identified by name at the time of the solicitation, the purpose for the solicited contribution is clearly stated, and the gross contributions collected, without any deductions for or by the solicitor or any other person, are deposited directly to an account in the name of the individual or group in a local federally insured financial institution established for that sole purpose and solely used for the direct benefit of the named individual or group as beneficiary
Law:

NM Stat. § 57-22-4

Initial Registration

Filing Method:

Online

Agency Fee:

$0

Turnaround:

2-3 weeks

Original Ink:Not required
Notarization Required?:Not required
Notes:
  • The CFO (or another authorized officer) signs online. You will get immediate confirmation of receipt as you file online.
  • Some New Mexico counties and municipalities may require charities that solicit in-person to register prior to fundraising.
Before you Apply:

Domestic Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • Appoint a registered agent to receive legal documents in New Mexico.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

Foreign Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • Appoint a registered agent to receive legal documents in New Mexico.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
  • If you will foreign qualify in New Mexico, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 30 days old when filing foreign qualification documents.
How to Apply:

Domestic Applicants:

  1. File entity formation documents with the New Mexico Secretary of State - Corporations Bureau.
  2. Create an NM-COROS account and complete the charitable organization registration through the New Mexico Attorney General - Charities Unit.

Foreign Applicants:

  1. Determine whether or not your charity will need to foreign qualify based on your activity in New Mexico. If not required, skip to number 3.
  2. File foreign qualification documents with the New Mexico Secretary of State - Corporations Bureau.
  3. Create an NM-COROS account and complete the charitable organization registration through the New Mexico Attorney General - Charities Unit.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • Articles of incorporation
  • Bylaws
  • IRS determination letter
  • IRS form 1023 (if established after 1987)
  • List of officers and directors
  • Professional fundraising contracts

Registration Renewal

Filing Method:

Online

Agency Fee:

$0

Due:
  • Annually within 6 months after the close of your fiscal year. So if your fiscal year ends December 31, renewal is due by June 30.
  • There is no official start to the renewal period, so renewals may be submitted as soon as financials become available for the most recently completed fiscal year.
Due Date Extension:

Due dates can be extended for 6 months beyond the original due date by submitting a request for extension through the online portal.

Original Ink:Not required
Notarization Required?:Not required
Penalties:

There is a $100 late fee for failing to file on time.

Required Attachments:

  • IRS form 990
  • Audited accrual basis financials (if applicable)
  • List of officers and directors
  • Professional fundraising contracts
  • Only if amended: IRS determination letter, articles of incorporation, and bylaws

Change of Fiscal Year

Filing Method:

Email Charity.Registrar@nmag.gov 

Agency Fee:

$0

Turnaround:

1-2 business days

Cancelation

Filing Method:

Online

Agency Fee:

$0

Notes:

To close out your registration, file final reporting documents as requested by the state. To close out your registration, all filings must be submitted up until the last day that solicitations took place in Missouri. These must be submitted through the online portal. Once these documents have been received, you must email a notarized affidavit that includes the organization name, FEIN, and date of withdrawal. The email must be sent to charity.registrar@nmag.gov

Professional fundraisers include any person that solicits or employs or directs other to solicit contributions from the public on behalf of a charitable organization in exchange for compensation and has custody or control of the contributions; provided that this person is not a director, officer, bona fide employee or salaried officer, volunteer, attorney, accountant or investment counselor of a charitable organization. *NOTE* The statutory definition of the term ‘contributions’ is very important in determining professional fundraiser vs. professional fundraising counsel status. Contribution does not only refer to money in this case. It means also “ the promise, grant or pledge of any money, credit or property of any kind…in response to a solicitation” So, even if someone makes a solicitation and takes a pledge, but the actual money is sent to another operation, he or she is still considered a professional fundraiser under New Mexico Statute and required to register and report as such.

New Mexico Professional Fundraiser Registration

Agency:New Mexico Attorney General - Charities Unit
Bond Requirements:

$25,000

Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Professional Fundraiser Registration Form

Filing Method:

Email to charity.registrar@nmdoj.gov

Agency Fee:

$0

Original Ink:Not required
Notarization Required?:Required
Notes:

Intended written contract(s) between the professional fundraiser and the charitable organization on whose behalf the professional fundraiser intends to conduct a solicitation campaign, including all copies of solicitation materials, must be submitted with the application.

Required Attachments:
  • Name, title, residence, and business addresses of all officers, partners, agents, servants, employees, directors, and independent contractors
  • Individuals or officers of the organization who will have custody of the contributions
  • Individuals or officers of the organization who are responsible for the distribution of the contributions
  • Fundraising details, such as campaign length and dates and method of fundraising
  • Compensation and authority of the professional fundraiser including percentage going to the charity
  • A surety bond of $25,000
  • Certified Contracts --Intended written contract(s) between the professional fundraiser and the charitable organization on whose behalf the professional fundraiser intends to conduct a solicitation campaign, including all copies of solicitation materials. This contract must be certified by the charity.
  • If located out-of-state, a consent to service of process must be attached. Alternatively, the professional fundraiser may elect to maintain a registered agent in New Mexico and disclose the agent's name to the OAG.

Renewal Not Required

Not required



Registration renewal is not required, however, professional fundraisers may be contacted by the Charities Unit to update their registration information periodically.

Contract Filing

Agency Fee:

$0

Due:

Contracts entered into by a professional fundraiser must be submitted prior to the commencement of the contract.

Notes:

There is no form, simply file a copy of the contract with the department.

Contract Amendment

Agency Fee:

$0

Due:

Changes to solicitation contracts must be submitted prior to the commencement of the contract.

Notes:

There is no form, simply file a copy of the amended contract with the department.

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