Fictitious Business Name (DBA) Notice - New Mexico

FICTITIOUS BUSINESS NAME (DBA) NOTICE

State of New Mexico

IMPORTANT — THIS DOCUMENT DOES NOT REGISTER A NAME

This document records a business's use of a name that differs from its legal name. It is not itself a filing with the New Mexico Secretary of State, a county clerk, or any other agency.

New Mexico's entity statutes address an alternate New Mexico transaction name through the entity's organizational filings:

• A business corporation's articles of incorporation must state the corporate name and, if different, the name under which it proposes to transact business in New Mexico. NMSA 1978 § 53-12-2(A)(1).
• An LLC's articles of organization must state the LLC name and, if different, the name under which it proposes to transact business in New Mexico. NMSA 1978 § 53-19-3(A).
• An LLC's articles of amendment must include the LLC name and, if different, any name under which it proposes to transact business in New Mexico. NMSA 1978 § 53-19-11(A)(1).

The correct filing route depends on the registrant's legal form and whether the alternate name was included in its existing organizational record. Confirm the current Secretary of State filing before relying on this notice.

A name reservation is a separate, temporary filing. Corporate and LLC reservation statutes provide a 120-day reservation; a reservation does not replace an entity filing that states the name under which the entity will transact business. NMSA 1978 §§ 53-11-8, 53-19-4.

PART ONE: REGISTRANT

1. Legal Identity

Full Legal Name: [________________________________]

Entity or Ownership Type:

☐ Individual / Sole Proprietor

☐ General Partnership

☐ Limited Partnership

☐ Business Corporation

☐ Nonprofit Corporation

☐ Limited Liability Company

☐ Limited Liability Partnership

☐ Foreign Entity

☐ Other: [________________________________]

State or Country of Formation: [________________________________]

New Mexico Business ID, if any: [________________________________]

Federal Employer Identification Number, if applicable: [________________________________]

2. Contact Information

Principal Business Address:

Street: [________________________________]

City: [________________________________]

State: [____] Zip: [________]

County: [________________________________]

Mailing Address, if different:

Street: [________________________________]

City: [________________________________]

State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

3. Authorized Representative

Name: [________________________________]

Title or Capacity: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

PART TWO: NAME AND USE

1. Fictitious or Alternate Business Name

Name Used or Proposed for Use:

[________________________________]

2. Business Activity

Description of goods, services, or other activity conducted under the name:

[________________________________]

[________________________________]

3. Use Dates

First Date of Use in New Mexico, if already in use: [__/__/____]

Proposed First Date of Use, if not yet in use: [__/__/____]

4. Locations

Primary Location Where the Name Is Used:

[________________________________]

Additional New Mexico Locations:

[________________________________]

5. Digital and Public Uses

☐ Website: [________________________________]

☐ Email domain: [________________________________]

☐ Storefront or signage

☐ Invoices or contracts

☐ Advertising or social media

☐ Other: [________________________________]

PART THREE: ENTITY-FILING REVIEW

Complete this part before using the notice externally.

1. Existing New Mexico Record

☐ The registrant has no New Mexico Secretary of State entity record.

☐ The alternate name already appears in the registrant's New Mexico organizational or registration record.

☐ The alternate name does not appear in the registrant's New Mexico organizational or registration record.

☐ The registrant has not yet confirmed its record.

Record reviewed: [________________________________]

Review date: [__/__/____]

2. Filing Route

☐ Business-corporation formation filing reviewed under NMSA 1978 § 53-12-2(A)(1).

☐ LLC formation or amendment filing reviewed under NMSA 1978 §§ 53-19-3(A) and 53-19-11(A)(1).

☐ Foreign-entity filing route reviewed with the Secretary of State.

☐ Sole-proprietor or partnership filing and licensing route reviewed with the appropriate state and local offices.

☐ Name reservation considered separately under NMSA 1978 § 53-11-8 or § 53-19-4.

Required filing, if any: [________________________________]

Filing office: [________________________________]

Filing number and date: [________________________________]

3. Name Clearance

☐ New Mexico business and name records searched.

☐ Federal trademark records searched.

☐ Internet, directory, and marketplace uses searched.

☐ Counsel reviewed potential conflicts.

Search notes:

[________________________________]

[________________________________]

PART FOUR: VOLUNTARY NOTICE

NOTICE OF USE OF FICTITIOUS OR ALTERNATE BUSINESS NAME

Notice is given that [FULL LEGAL NAME], a [ENTITY OR OWNERSHIP TYPE] formed or organized under the laws of [JURISDICTION], uses or proposes to use the name:

[FICTITIOUS OR ALTERNATE BUSINESS NAME]

The principal business address is:

[ADDRESS]

The business conducted under the name is:

[DESCRIPTION]

Use of the name began or is expected to begin on [DATE].

This notice is a voluntary statement of use. It does not represent that the name has been accepted, reserved, registered, or protected by any government office, and it does not replace any filing required for the registrant's entity type or activities.

PART FIVE: AUTHORIZATION

The undersigned certifies that the undersigned is authorized to sign for the registrant and that the information in this notice is true and complete to the best of the undersigned's knowledge.

Registrant: [________________________________]

By: _________________________________

Printed Name: [________________________________]

Title or Capacity: [________________________________]

Date: [__/__/____]

PART SIX: OPTIONAL ACKNOWLEDGMENT

Use an acknowledgment only if a recipient or applicable filing procedure requires one.

State of New Mexico

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [NAME], as [CAPACITY] for [REGISTRANT].

Notary Public Signature: _________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART SEVEN: IMPLEMENTATION CHECKLIST

☐ Confirm the alternate name is stated in the correct New Mexico entity filing, if applicable.

☐ File any required formation, registration, or amendment document through the current Secretary of State process.

☐ Confirm state and local tax, licensing, and permit records use the correct legal and alternate names.

☐ New Mexico Taxation and Revenue Department registration reviewed. The Department's current business-registration page states that a person engaging in business in New Mexico must register and will receive a New Mexico Business Tax Identification Number.

☐ Update contracts, invoices, bank records, insurance, websites, and signage consistently.

☐ Keep this notice with the registrant's organizational records.

☐ Review name use after any ownership, entity, or name change.

Sources and References

• New Mexico Compilation Commission, Chapter 53, NMSA 1978: https://nmonesource.com/nmos/nmsa/en/4400/1/document.do
• New Mexico Secretary of State, Business Services: https://www.sos.nm.gov/business-services/
• New Mexico Secretary of State, Online Filing Portal: https://enterprise.sos.nm.gov/
• New Mexico Taxation and Revenue Department, Who Must Register a Business: https://www.tax.newmexico.gov/businesses/who-must-register-a-business/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a New Mexico-licensed attorney before using or filing it.