FICTITIOUS BUSINESS NAME REGISTRATION

(Doing-Business-As “DBA”)

STATE OF NEW MEXICO

[// GUIDANCE: This template is designed for use state-wide in New Mexico. Local county clerks may impose additional formatting or filing requirements (e.g., paper size, margins, notarization blocks). Always confirm county-specific rules before finalizing the document.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Filing Requirements
   3.2 Publication Requirements
   3.3 Renewal & Amendment Requirements
4. Representations & Warranties
5. Default & Remedies
6. Governing Law & Forum Selection
7. General Provisions
8. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties
This Fictitious Business Name Registration and Publication Notice (the “Notice”) is executed as of [EFFECTIVE DATE] (the “Effective Date”) by [LEGAL NAME OF REGISTRANT], a [ENTITY TYPE & STATE OF FORMATION] with principal place of business at [BUSINESS ADDRESS] (the “Registrant”).

1.2 Recitals
A. Registrant intends to transact business in the State of New Mexico under the fictitious business name set forth below.
B. New Mexico law requires the filing of a trade (fictitious) name and, in certain circumstances, the publication of this Notice.
C. Registrant executes this Notice to comply with all statutory filing, publication, and renewal obligations and to place third parties on constructive notice of the use of the fictitious business name.

2. DEFINITIONS

“Business Name” – The fictitious or assumed name under which the Registrant will transact business, as specified in Section 3.1(a).

“County of Principal Business” – The New Mexico county in which the Registrant’s principal place of business is located.

“Filing Office” – The New Mexico Secretary of State or such other office as may hereafter be designated by statute for registration of trade names.

“Publication Period” – The consecutive [INSERT NUMBER] week period within which the Notice must be published, as set forth in Section 3.2.

“Renewal Deadline” – The date that is five (5) years from the Effective Date, unless an earlier deadline applies pursuant to Section 3.3(b).

3. OPERATIVE PROVISIONS

3.1 Filing Requirements

(a) Business Name: [DBA/FICTITIOUS NAME]
(b) Filing Office: The Registrant shall file a duly completed “Statement of Trade Name” (or successor form) with the Filing Office on or before the Effective Date.
(c) Supporting Information: The filing shall include (i) the exact Business Name; (ii) the Registrant’s legal name, entity type, formation jurisdiction, and NM Business ID (if any); (iii) the street address of the principal place of business; and (iv) the name and street address of the registered agent (if applicable).
(d) County Notification: Within five (5) business days after state filing acceptance, the Registrant shall deliver a copy of the stamped Statement of Trade Name to the clerk of the County of Principal Business.

[// GUIDANCE: Many county clerks accept a conformed copy without additional fees, but verify local practice.]

3.2 Publication Requirements

(a) Mandatory Publication. If the County of Principal Business requires publication, the Registrant shall:
(i) Publish this Notice once a week for [INSERT NUMBER, typically 2] consecutive weeks in a newspaper of general circulation in such county; and
(ii) Obtain from the publisher an affidavit of publication and file said affidavit with the county clerk within ten (10) days after the final insertion.
(b) Form of Notice. The publication text shall, at minimum, include: the Business Name; Registrant’s legal name and entity type; principal business address; statement that the Business Name will be used as of the Effective Date; and contact information for service of process.
(c) Effect of Non-Publication. Failure to complete publication within the Publication Period may render the registration voidable and may impair the Registrant’s ability to maintain an action on contracts executed under the Business Name.

[// GUIDANCE: While statewide publication is not uniformly mandated in NM, some counties require it before issuing a business license. When in doubt, publish.]

3.3 Renewal and Amendment Requirements

(a) Renewal. The registration shall be renewed on or before the Renewal Deadline by filing a new Statement of Trade Name and paying all statutory fees.
(b) Early Renewal Trigger Events. Registrant shall file an amended or new registration within thirty (30) days after:
(i) A change in the Business Name;
(ii) A change in the Registrant’s legal name, entity type, or state of formation;
(iii) A change in ownership exceeding fifty percent (50%); or
(iv) Relocation of the principal place of business to a different county.
(c) Lapse. Failure to renew timely shall result in automatic cancellation of the registration, and the Business Name may become available for registration by third parties.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Registrant represents that it possesses full power and authority to adopt and use the Business Name in New Mexico.

4.2 No Conflict. Registrant warrants that, to the best of its knowledge after due inquiry, the Business Name does not infringe or conflict with any trademark rights, corporate names, or other protected designations of third parties.

4.3 Accuracy. Registrant warrants that all information contained in this Notice and in any filing or publication made hereunder is true, correct, and complete in all material respects as of the Effective Date.

4.4 Survival. The warranties in this Section 4 shall survive for the duration of the registration and any renewal thereof.

5. DEFAULT & REMEDIES

5.1 Events of Default. Each of the following shall constitute a default:
(a) Failure to file the initial Statement of Trade Name within ten (10) days of the Effective Date;
(b) Failure to complete required publication within the Publication Period; or
(c) Failure to renew the registration on or before the Renewal Deadline.

5.2 Cure Period. Registrant shall have fifteen (15) days after written notice from any interested party or governmental authority to cure a default.

5.3 Remedies. If default is not cured within the applicable period, any interested party may (i) seek administrative cancellation of the registration, (ii) oppose future renewals, and/or (iii) pursue any other remedy available at law or in equity.

6. GOVERNING LAW & FORUM SELECTION

6.1 Governing Law. This Notice and all rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflict-of-laws principles.

6.2 Forum Selection. Any action arising out of or relating to this Notice shall be brought exclusively in the state courts located within the County of Principal Business, State of New Mexico, and the Registrant hereby submits to the personal jurisdiction of such courts.

[// GUIDANCE: Arbitration, jury waiver, indemnification, and liability caps are intentionally omitted per client metadata.]

7. GENERAL PROVISIONS

7.1 Amendments. This Notice may be amended only by a written instrument signed by the Registrant and, if applicable, accepted for filing by the Filing Office.

7.2 Assignment. The rights to use the Business Name may not be assigned or transferred except in connection with a bona fide transfer of the Registrant’s business and only after compliance with Section 3.3(b).

7.3 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7.4 Entire Agreement. This Notice constitutes the entire understanding of the Registrant with respect to the subject matter hereof and supersedes all prior or contemporaneous communications relating thereto.

7.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile, PDF, or other electronic means shall be deemed original signatures for all purposes.

8. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned, intending to be legally bound, has caused this Fictitious Business Name Registration and Publication Notice to be executed as of the Effective Date.

[Optional Notary Acknowledgment – Attach if required by county clerk]

[// GUIDANCE:
1. File the completed Notice with the NM Secretary of State (online portal recommended).
2. Retain the state-stamped copy for publication and county filing purposes.
3. Calendar the Renewal Deadline (five years) and any publication deadlines immediately.
4. Consider conducting a federal and state trademark search before finalizing the Business Name to mitigate infringement risk.]