New Mexico Nonprofit Articles of Incorporation

Nonprofit articles of incorporation is the document filed to create a New Mexico nonprofit corporation.

Preparing and filing your articles of incorporation is the first step in starting your nonprofit corporation. Approval of this document secures your corporate name and creates the legal entity of the nonprofit. Only after this approval can you apply for 501c, apply for fundraising licenses, open a bank account, and otherwise conduct business.

Benefits

Incorporating provides many important benefits:

  • Limits the liability of directors, officers, and shareholders
  • Fulfills statutory requirements to register your organization's name
  • Is a prerequisite for applying for 501(c) tax exemption
  • Provides governance and adds credibility to the business or organization

Fast Facts

Agency:New Mexico Secretary of State - Corporations Bureau
Form:

Articles of Incorporation

Instructions:

Form DNPI: Domestic Nonprofit Incorporation

Filing Method:

Mail, in-person, or fax

Agency Fee:

$25 + optional $100-150 expedite fee

Turnaround:

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

Law:

New Mexico Administrative Code - Title 12: Trade, Commerce, and Banking - Chapter 3: Business Associations - Part 3: Nonprofit Corporations

Notes:
  • File signed original, one copy, registered agent statement, and filing fee
  • You must file an Initial Report within 30 days of when the Secretary of State issued your Certificate of Incorporation. See our New Mexico annual report instructions.
  • Expedite fees require a separate check or money order, or your document will be immediately rejected.

Other Helpful New Mexico Facts

As you are preparing to incorporate, keep in mind the following requirements specific to New Mexico, keep in mind:


New Mexico Directors

  • Number: minimum 3
  • Qualifications: None. No residency requirement. No membership requirement.
  • Term: until successor elected and qualified
  • Quorum: majority
  • Committee: minimum 2 directors

New Mexico Officers

  • Defined in bylaws or board resolution. One officer prepares minutes of the directors' and members' meetings and authenticates records of the corporation and keeps a record book.
  • Two or more offices may be held by the same individual, if the bylaws so provide.

New Mexico Members

  • Members: optional
  • Regular meeting: required annually
  • Quorum: 1/10 entitled votes

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