How to Reinstate a New Mexico LLC
To revive a New Mexico LLC, you’ll need to request reinstatement from the New Mexico Secretary of State’s Business Services Division. You’ll also have to fix the issues that led to your New Mexico LLC’s dissolution. Below, we provide a free, step-by-step guide to reinstating your New Mexico LLC.
Revive Or Reinstate A New Mexico Limited Liability Company
The New Mexico Secretary of State has the power to administratively dissolve or “revoke” your LLC if you fail to do any of the following:
- appoint a registered agent or maintain one for 30 days
- properly file paperwork for changes to the registered agent or office for 30 days
- pay any fees required by law
In order to get back into business again, you can apply for reinstatement. To revive or reinstate your New Mexico LLC, you’ll need to submit the following to the New Mexico Secretary of State, Business Services Division:
- a written request for LLC reinstatement
- the $25 reinstatement fee
What information do I need to apply for LLC reinstatement in New Mexico?
New Mexico has no formal application or form for requesting LLC reinstatement. Instead, you’ll need to draft a short letter requesting LLC reinstatement. If that sounds intimidating, don’t worry—according to Section 53-19-66.2 of New Mexico’s state statutes, the request only needs to include the following:
- your LLC’s name
- the date your LLC was administratively revoked
- a statement affirming that “the ground or grounds for revocation either did not exist or have been eliminated”
- a statement affirming that your LLC’s name “satisfies the requirements of Section 53-19-3”
Note: Your LLC’s name probably does satisfy the requirements of Section 53-19-3. Those requirements are the same ones you had to meet when you originally formed your LLC—basically, your LLC’s name must be unique and include an identifier like “LLC” or “Limited Liability Company.”
Your business name will also be reserved while in “revoked” status. After two years, however, your LLC will enter “revoked final” status. At this point, you will no longer be able to reinstate your LLC,and your business name will become available for other businesses to adopt.
How do I submit my request for New Mexico LLC reinstatement?
In New Mexico, you can only file for LLC reinstatement by mail:
Business Services Division
New Mexico Capitol Annex North
325 Don Gaspar, Suite 300
Santa Fe, NM 87501
How much will it cost to revive a New Mexico LLC?
The filing fee for LLC reinstatement in New Mexico is $25. You can pay with a check or money order made payable to “New Mexico Secretary of State” or “NMSOS.”
How long does it take the state to process the New Mexico reinstatement application?
The New Mexico Secretary of State’s Business Services Division will process your LLC reinstatement within five business days of receiving your request.
Can you change your New Mexico registered agent on the New Mexico reinstatement?
No, you can’t change your New Mexico registered agent when you request reinstatement. You’ll have to wait until after your New Mexico LLC is reinstated to file the Statement of Change of Registered Agent.
However, it’s important that you resolve any issues with your registered agent (or appoint a new one) before you apply for reinstatement.
How long do you have to revive a New Mexico LLC?
You can revive a business within two years of the date your LLC was administratively revoked. After that time, your New Mexico LLC will enter “revoked final” status and you’ll have to start over and form a new New Mexico LLC.