LLC Name Reservation Requirements in New Mexico

Short answer New Mexico allows four applicant categories to reserve an available domestic or foreign LLC name by filing an executed application. The hold runs for 120 days after filing; a transfer requires an executed notice and does not extend that term. The statutory fee is $20 for either the application or a transfer notice (NMSA 1978 §§ 53-19-4, 53-19-63(H)).
State
New Mexico
Statute checked
September 23, 2026
Sources
4 statutes

At a glance

Governing law and optional reservation scopeNew Mexico Limited Liability Company Act; optional exclusive name reservation before the separate articles filing (§§ 53-19-4, 53-19-7)
Who may apply and for which LLC or series nameProspective domestic organizer; existing NM or registered foreign LLC adopting name; foreign LLC intending NM registration; prospective foreign organizer intending NM registration. No distinct series route stated in § 53-19-4(A)
Name availability, designator, distinguishability, and consentSecretary checks availability; LLC name needs an authorized LLC designator and distinction from listed NM entities, authorized foreign entities, and reserved names; final court-decree prior-right exception (§§ 53-19-3, 53-19-4(B))
Application, signer, form, and filing officeApplicant executes and files application specifying the name with Secretary of State; § 53-19-4(B) states no other application fields or form medium
Reservation, renewal, transfer, and cancellation fees$20 to accept reservation application; $20 to file transfer notice. No separate renewal or cancellation fee specified (§ 53-19-63(H))
Term, start date, and statutory exclusive useExclusive use by applicant for 120 days after application filing; transfer does not extend term (§ 53-19-4(B)-(C))
Renewal, filing window, and repeat limitsCurrent § 53-19-4 states no renewal or repeat-application procedure, window, term, or count; do not assume a continuing hold
Transfer notice, signer, and transferee detailsOriginal applicant executes and files notice identifying reserved name and transferee name/address; $20; term unchanged (§§ 53-19-4(C), 53-19-63(H))
Cancellation, withdrawal, revocation, and scope of name rightsSection 53-19-4 specifies no applicant cancellation, withdrawal, or agency revocation route; 120-day term ends the statutory hold. Reservation does not itself form an LLC (§§ 53-19-4, 53-19-7)

Requirements one by one

Applicant and available name

NMSA 1978 § 53-19-4 lists four routes under subsection (A): a person planning to organize a domestic LLC, an existing New Mexico or registered foreign LLC adopting a name, a foreign LLC planning to register, and a person planning to organize and register a foreign LLC. The section does not list a separate registered-series route. Under subsection (B), the filing office reserves a name only if it finds the name available. NMSA 1978 § 53-19-3 requires a distinguishable LLC name against the named domestic, registered foreign, and reserved-name records under subsection (B); subsection (A) supplies the LLC designators. Subsection (C) states an exception when the applicant files a certified final court decree establishing the LLC's prior right to use the name.

Application and filing office

Section 53-19-4(B) requires an application executed by the applicant that specifies the proposed name. The compiled text reads “commission [secretary of state]”; the Secretary of State is also named in the current fee section, § 53-19-63. Section 53-19-4(B) supplies no additional application fields or filing-medium rule.

Fee, term, and transfer

NMSA 1978 § 53-19-63(H) sets $20 for accepting a reservation application and $20 for filing a transfer notice. Section 53-19-4(B) gives the applicant exclusive use for “one hundred twenty days after the date the application is filed.” To transfer that hold, § 53-19-4(C) requires the original applicant's executed notice identifying the reserved name and transferee's name and address. The same subsection says the transfer “shall not extend the term.”

What trips people up

The full current § 53-19-4 states no renewal window, repeat-application rule, applicant cancellation, withdrawal, or agency revocation process. A later application therefore should not be assumed to preserve the first filing's hold. The 120-day period runs from filing, even if the name is transferred. NMSA 1978 § 53-19-7 separately forms an LLC through articles of organization; a reservation alone is a name hold, not formation or clearance for use outside the state entity-name records.

Common questions

Can an already registered foreign LLC reserve a new name?

Yes. Section 53-19-4(A)(2) expressly includes a foreign LLC registered in New Mexico that intends to adopt the name.

Does the LLC name have to include “LLC”?

Section 53-19-3(A) lists “limited liability company,” “limited company,” “L.L.C.,” “LLC,” “L.C.,” and “LC” as permitted designators, with stated word abbreviations. The filing office checks the proposed name against the statutory records.

Statutes and sources

The official New Mexico Compilation Commission Chapter 53, accessed September 23, 2026, supplies the verbatim text of §§ 53-19-3, 53-19-4, 53-19-7, and 53-19-63(H) quoted in the frontmatter. The Commission's scope page, accessed the same day, states that the compilation is current through the 2026 Second Session.

Source links

Every statute quoted above, linked, with the date we checked it.

NMSA 1978 § 53-19-3 · accessed 2026-09-23
NMSA 1978 § 53-19-4 · accessed 2026-09-23
NMSA 1978 § 53-19-7 · accessed 2026-09-23
NMSA 1978 § 53-19-63(H) · accessed 2026-09-23
This page is general legal information about state LLC name-reservation procedures, not legal advice, trademark clearance, filing approval, or a representation that any proposed name is available. The current statute, agency records and forms, filing fees, applicant identity, company type, proposed use, existing entity names, marks, contracts, and reservation date can change the answer. A reservation may hold a name in the state entity records for the statutory period but does not by itself form or qualify an LLC, create a registered series, grant a trademark or domain, or resolve an infringement or priority dispute. Verify the current agency record and law and obtain licensed advice before relying on a name or filing.

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