Registering an LLC in New Mexico and Delaware
LLC registration involves several steps and can vary by state. Below are the general steps to form an LLC in New Mexico and Delaware.
New Mexico 🏜️
Choose a Name for Your LLC
Make sure your desired LLC name is unique and not already in use. You can search for your desired LLC name on the New Mexico SOS business name database.
File Articles of Organization
File the Articles of Organization with the New Mexico Secretary of State. This can be done online.
The filing fee for the Articles of Organization is $50.
Create an Operating Agreement
While not required in New Mexico, it's recommended to have an Operating Agreement. It outlines the ownership and operating procedures of the LLC.
Obtain an EIN
Apply for an Employer Identification Number (EIN) from the IRS. This can be done online for free.
Delaware 💼
Choose a Name for Your LLC
Make sure your desired LLC name is unique and not already in use. You can search for your desired LLC name on the Delaware business name database.
File Certificate of Formation
File the Certificate of Formation with the Delaware Secretary of State. This can be done online.
The filing fee for the Certificate of Formation is $90.
Create an Operating Agreement
Although not required in Delaware, it's recommended to have an Operating Agreement. It outlines the ownership and operating procedures of the LLC.
Obtain an EIN
Apply for an Employer Identification Number (EIN) from the IRS. This can be done online for free.
Remember, these steps do not include any additional costs like registered agent fees or other potential maintenance fees. Also, consult with a legal professional to ensure you've covered all necessary requirements and to understand all the implications of forming an LLC.
LLC Name Reservation
Free*
$75 (Optional)
Filing Fee for Articles of Organization/Certificate of Formation
$50
$90
Operating Agreement
Variable (could be free if self-drafted)
Variable (could be free if self-drafted)
EIN
Free
Free
Total
$50
$165 (or $90 without name reservation)
* New Mexico does not charge for name reservations, whereas Delaware charges a $75 fee if you wish to reserve a name.
Please note that these costs are as of September 2021, and they are subject to change. Additionally, these costs do not take into account other possible expenses, such as hiring a registered agent, annual report fees, franchise taxes, or legal consultation fees. Always refer to the respective state websites for the most accurate and up-to-date information.
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