STATEMENT OF CHANGE OR DESIGNATION OF REGISTERED AGENT AND REGISTERED OFFICE
(New Mexico)
[// GUIDANCE: This template is designed for use with New Mexico domestic or foreign corporations, limited liability companies, limited partnerships, and other entities required to maintain a registered agent and registered office in the State of New Mexico. It satisfies the core statutory requirements of N.M. Stat. Ann. § 53-11-11 (corporations) and § 53-19-11 (LLCs) and is readily adaptable for other entity types.]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Operative Provisions
4.1 Appointment / Change of Registered Agent
4.2 Designation of Registered Office
4.3 Effective Date - Representations & Warranties
- Covenants
- Miscellaneous / General Provisions
- Execution Block
1. DOCUMENT HEADER
Entity Legal Name: [LEGAL NAME OF ENTITY] (the “Entity”)
Entity Type & Jurisdiction of Formation: [CORPORATION / LLC / LP, ETC.; STATE]
NM Control/ID No.: [NEW MEXICO SOS‐ASSIGNED #]
Current Registered Agent (if any): [NAME OF PRIOR AGENT]
Current Registered Office (if any): [STREET ADDRESS, CITY, NM, ZIP]
Document Title: Statement of Change or Designation of Registered Agent and Registered Office
Governing Law: New Mexico Business Corporation Act / New Mexico Limited Liability Company Act (as applicable)
Effective Date: [MM/DD/YYYY] (subject to Section 4.3)
2. RECITALS
A. The Entity is duly organized and in good standing under the laws of its jurisdiction of formation and is authorized (or applying) to transact business in the State of New Mexico.
B. Pursuant to N.M. Stat. Ann. § 53-11-11 or § 53-19-11, the Entity is required to maintain (i) a registered office in the State of New Mexico, and (ii) a registered agent for service of process located at such office.
C. The Entity desires to (i) designate a new registered agent and/or (ii) change the address of its registered office, and the person named herein has consented to serve in such capacity.
3. DEFINITIONS
For purposes of this Statement, capitalized terms have the meanings set forth below.
“Agent Requirements” means the statutory prerequisites under New Mexico law that a registered agent must be (a) an individual resident of New Mexico, or (b) a domestic or foreign entity that is authorized to transact business in New Mexico, and in all cases must maintain a business office identical to the Registered Office.
“Entity” has the meaning assigned in the Document Header.
“Registered Agent” means the person or entity identified in Section 4.1 that satisfies the Agent Requirements and has executed the Consent to Appointment attached hereto.
“Registered Office” means the physical street address within the State of New Mexico designated in Section 4.2 for receipt of service of process and official notices.
“Secretary” means the New Mexico Secretary of State.
“Statement” means this Statement of Change or Designation of Registered Agent and Registered Office.
4. OPERATIVE PROVISIONS
4.1 Appointment / Change of Registered Agent
4.1.1 The Entity hereby appoints the following as its Registered Agent in the State of New Mexico:
• Legal Name of Registered Agent: [NAME OF INDIVIDUAL OR ENTITY]
• Agent Type (check one): [ ] Individual Resident of NM [ ] Entity Authorized in NM
• NM SOS ID No. (if entity): [ID NO., IF APPLICABLE]
• Agent Email (optional): [EMAIL ADDRESS]
4.1.2 This appointment (or change) revokes any prior registered agent appointment effective as of the Effective Date.
4.2 Designation of Registered Office
The street address of the Registered Office, which shall be identical to the business address of the Registered Agent, is:
• Street Address (no P.O. Boxes): [STREET], [SUITE/FLOOR], [CITY], NM [ZIP]
• Mailing Address (if different): [MAILING ADDRESS]
[// GUIDANCE: Confirm that the “Street Address” field is a physical location within New Mexico. A P.O. Box alone is statutorily insufficient.]
4.3 Effective Date
This Statement shall become effective (select one):
[ ] On the date and time of filing with the Secretary.
[ ] At 12:01 a.m. Mountain Time on [DELAYED DATE] (not to exceed 90 days after filing).
5. REPRESENTATIONS & WARRANTIES
The Entity represents and warrants to the Secretary and any person relying upon this Statement that:
a) The information contained herein is true, correct, and complete as of the date of execution.
b) The individual signing on behalf of the Entity is duly authorized to do so.
c) The Registered Agent named herein satisfies all Agent Requirements and has consented in writing to serve as such.
d) The Registered Office address complies with all Address Requirements under New Mexico law.
These representations and warranties shall survive the filing of this Statement.
6. COVENANTS
The Entity covenants that it will:
a) Continuously maintain a Registered Agent and Registered Office in the State of New Mexico as required by law.
b) Promptly file a new statement with the Secretary upon any change in the Registered Agent or Registered Office.
c) Indemnify the Registered Agent for any loss, cost, or expense arising from the Entity’s failure to maintain current and accurate information with the Secretary.
[// GUIDANCE: The indemnity in Clause 6(c) is optional but recommended to encourage agents to serve. Remove if not desired.]
7. MISCELLANEOUS / GENERAL PROVISIONS
7.1 Governing Law. This Statement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict-of-laws principles.
7.2 Severability. If any provision of this Statement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.3 Counterparts; Electronic Signatures. This Statement may be executed in one or more counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means (including PDF and DocuSign®) shall be deemed valid and binding for all purposes.
8. EXECUTION BLOCK
ENTITY AUTHORIZATION
IN WITNESS WHEREOF, the undersigned, being duly authorized, has executed and delivered this Statement on the date set forth below.
| Date: [MM/DD/YYYY] | |
| Name of Entity: [LEGAL NAME OF ENTITY] | |
| By: __________ | |
| Name: [AUTHORIZED SIGNATORY] | |
| Title: [OFFICER / MANAGER / GENERAL PARTNER] | |
| Email (optional): [EMAIL] | |
| Phone (optional): [PHONE] |
CONSENT OF REGISTERED AGENT
The undersigned hereby accepts and consents to the appointment as Registered Agent for the above-named Entity, acknowledges the obligation to maintain the Registered Office at the address stated herein, and confirms that the undersigned satisfies the Agent Requirements under New Mexico law.
| Date: [MM/DD/YYYY] | |
| Registered Agent Name: [NAME OF AGENT] | |
| By (if entity agent): __________ | |
| Name & Title: [NAME / TITLE] | |
| Signature: __________ |
[Notarization is NOT required for filing with the New Mexico Secretary of State; however, some entities choose to notarize internal copies.]
ATTACHMENT A – OPTIONAL RESOLUTION OF THE GOVERNING BODY
[// GUIDANCE: Attach if corporate formalities require board or member approval. Omit if Entity’s governing documents allow an officer to act unilaterally.]
FILING & PRACTICAL NOTES
- Filing Method: New Mexico SOS e-file portal is preferred; PDF upload or online form accepted.
- Filing Fee: Verify current fee schedule (nominal).
- Processing Time: Typically 1–2 business days when filed online.
- Post-Filing:
• Print and retain the stamped-filed copy in the Entity’s minute book.
• Update any third-party registrations, licenses, or bank records.
[END OF TEMPLATE]