How to Incorporate in New Mexico

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If you’re looking to incorporate in New Mexico, you’re in the right place. This guide will help you file formation documents, get tax identification numbers, and set up your company records.

Paperwork Cost Time
  • Form DPR: Profit Corporation Articles of Incorporation
  • Form D-STMNT: Statement of Acceptance of Appointment by Designated Initial Registered Agent
  • Initial Corporate Report
  • Bylaws
  • IRS Form SS-4: Obtain an EIN
  • Form 2553: S-Corp Election, if desired
  • Form ACD-31015: Application for Business Tax Identification Number
  • Incorporation: $100 for up to $100,000 authorized shares + optional $100-150 expedite fee
  • Initial Corporate Report: $25
  • Incorporation: ~3 months. ~2 business days for $100 expedite fee. ~1 business day for $150 expedite fee.
  1. Choose a corporate structure

    Incorporating means starting a corporation. If you want to form an LLC, please see "How to Form an LLC in New Mexico".

    Is your corporation for-profit or not-for-profit? If you are starting a nonprofit, please see "How to Start a Non-Profit Organization in New Mexico".

    C-Corp and S-Corp refer to taxation with the IRS, not to legal structures. Your corporation is taxed as a C-Corp unless you file an election to be taxed as an S-Corp (explained below).

  2. Check Name Availability

    The legal name of your corporation may not conflict with any other registered name. Check availability of your desired name by conducting a name search.

    Name Search: New Mexico Secretary of State - Corporations Bureau
    Name Reservation: Optional
    Suffix Requirements:

    The corporate name shall: contain the separate word "corporation," "company," "incorporated" or "limited" or shall contain a separate abbreviation of one of these words;
     NMSA §53-11-7

  3. Appoint a Registered Agent

    Identify the corporation’s New Mexico registered agent. This individual or company receives notice of lawsuit and other legal service for the corporation.

  4. File New Mexico Articles of Incorporation

    File the articles of incorporation to create your corporation.

    Agency:New Mexico Secretary of State - Corporations Bureau

    Articles of Incorporation


    Form DPRI: Requirements for Incorporating a New Mexico Corporation For-Profit

    Filing Method:

    Mail, in-person, or fax

    Agency Fee:

    $100 for up to $100,000 authorized shares + optional $100-150 expedite fee


    ~3 months. ~2 business days for $100 expedite fee. ~1 business day for $150 expedite fee.


    NMAC c53

    • File signed original, one copy, registered agent statement, and filing fee. A Certificate of Incorporation and one copy will be returned to you.
    • Expedite fees require a separate check or money order, or your document will be immediately rejected.
    Fact Checked:6/16/17
  5. File Initial Report

    Agency:New Mexico Secretary of State - Corporations Bureau

    Online only.

    Filing Method:

    Online (paper forms are no longer accepted).

    Agency Fee:



    You must file an initial report within 30 days of incorporation or qualification. 


    New Mexico Statutes § 53-5-2. 


    $200 late fee.

    • An officer must file.
    Fact Checked:11/2/18
  6. Establish Bylaws & Corporate Records

    Your corporation must keep correct and complete books and records.

    Each corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its shareholders and board of directors, and shall keep at its registered office or principal place of business, or at the office of its transfer agent or registrar, a record of its shareholders, giving the names and addresses of all shareholders and the number and class of the shares held by each.
    NM Stat §53-11-50

    Your filed articles of incorporation are the first document for your corporate records. Your corporation will generate many other official records such as bylaws, meeting minutes, and your EIN.

    Office supplies intended for a corporation will help you stay organized and save time. Optionally, get a corporate record book, seal, and document templates.

    Draft bylaws (potentially using a template) which is the governing document for the corporation. The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation (NM Stat §53-11-27). You will review and ratify the bylaws at your first board of directors meeting.

  7. Appoint Initial Directors

    The initial directors serve on the board until the annual meeting of shareholders (when directors are elected to the board). If the initial directors are not named in the articles of incorporation, they are appointed by the incorporator. The incorporator documents and signs this action for the corporate records.

  8. Hold Organizational Meeting

    Hold the organizational meeting of the incorporators or initial directors in compliance with NM Stat §53-12-5. The directors calling the meeting shall give at least three days' notice thereof by mail to each director so named, stating the time and place of the meeting. You may hold the meeting in our outside of New Mexico. Keep minutes of this meeting.

    The following state laws apply unless overridden by the organizational documents, where permissible.

    Directors Officers
    • Number: One or more required.
    • Qualifications: None.
    • Quorum: A majority, unless a greater number is fixed in the articles of incorporation or bylaws.
    • As stated in the bylaws, but a minimum of one. One person may hold multiple offices. One officer is required to be responsible for maintaining corporate records.
  9. Issue Stock Certificates

    The owners may be issued stock certificates to serve as proof of ownership in the corporation. Remember to hold the first annual meeting of the shareholders (the owners of the corporation) according to bylaws and keep minutes of this meeting.

    The following state laws apply unless overridden by the organizational documents, where permissible.

    Shareholders Annual Shareholder Meeting
    • Qualifications: N/A
    • Stock Certificate: Not required.
    • Voting Trusts Allowed: Yes.
    • Required: Yes.
    • Action by written consent:
  10. Get a Federal Employer Identification Number (EIN)

    Your corporation must obtain an EIN regardless of whether it will hire employees.

    Submit to: Internal Revenue Service
    Form: IRS Form SS-4
    Guidance: IRS Pub 1635: Understanding Your EIN
    Filing Method: Mail, phone, fax, or apply online with the IRS
    Fee: $0
    Turnaround: Immediately online
    Notes: The IRS website is only available during certain hours. Print your EIN before closing your session.
  11. Get New Mexico State Tax Identification Numbers/Accounts

    Corporations must register if they are doing business in New Mexico.

    Agency:New Mexico Taxation and Revenue Department
    Form:Form ACD-31015: Application for Business Tax Identification Number
    Filing Method:Mail or online at Taxpayer Access Point (TAP)
    Agency Fee:$0

    New Mexico will issue your corporation a CRS Identification Number, an 11-digit number also known as a business tax identification number.

    Fact Checked:5/12/20
  12. Consider Electing S-Corp Taxation

    By default, your corporation is taxed as a C-Corporation. Some corporations, especially smaller ones, benefit from electing S-Corp tax treatment:

    • C-Corps suffer from double taxation: the corporation pays taxes on profits then members pay taxes on their distributions. If profits exceed $250,000 per owner, you provide employee benefits, or you will re-invest most of your profit in the business, you may benefit from the low tax rates on retained earnings under C-Corp treatment.
    • S-Corp treatment avoids double-taxation. It is generally the best choice for small businesses. To accomplish this, file Form 2553: S-Corp Election with the IRS.
  13. Obtain Business Licenses & Permits

    To run your business legally, you must obtain applicable licenses and permits. The easiest way to navigate the wide range of federal, state, and local requirements is to search by your business type and locality using the Small Business Administration Business License & Permit look-up tool.

    New Mexico Business License

    Not required

    General Business License licensure is not required on the State level in New Mexico.

    New Mexico does not have a general business license at the state level, but local licenses are often required.

  14. Ongoing Filings to Maintain Your Corporation

    You must file federal and state tax returns. You must also file:

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