What happens if your New Mexico LLC loses its registered agent, and how to reinstate it
New Mexico’s own word for it: “Administrative revocation”. Time limit to get back: 2 years. Tax clearance: No.
Checked against the New Mexico Secretary of State, Business Services Division, September 2026.
- What New Mexico calls it
- “Administrative revocation”
- Tax clearance
- No
- Time limit to get back
- 2 years
How it unfolds in New Mexico
- MissedA required filing
- Status“Administrative revocation”
- The way backApplication for reinstatement
New Mexico Secretary of State, Business Services Division (took over from the Public Regulation Commission on July 1, 2013)
What does New Mexico call a company that missed its filings?
“Administrative revocation” — the LLC “may be revoked” by the Secretary of State, which issues a “certificate of revocation”; the LLC is then “administratively revoked”. New Mexico LLC law has no administrative dissolution and no forfeiture.
What triggers it in New Mexico?
Only two statutory grounds, both about the registered agent: (A) failing for 30 days to appoint and maintain a New Mexico registered agent, or (B) failing for 30 days after a change of registered office or registered agent to file a statement of the change with the Secretary of State. New Mexico LLCs file no annual or biennial report, so there is no report-based revocation for LLCs.
Before it happens
The LLC statute sets no notice or cure period beyond the 30-day failure period itself. The SOS rule says that if the SOS administratively revokes a domestic LLC it shall notify the company of its right to reinstatement.
How do you reinstate a New Mexico LLC?
An application for reinstatement to the Secretary of State that recites the LLC’s name and the effective date of its administrative revocation, states that the ground(s) for revocation did not exist or have been eliminated (i.e., a registered agent has been appointed or the statement of change filed), and states that its name satisfies § 53-19-3. The statute names no numbered form.
Where to file
New Mexico Secretary of State, Business Services Division, Santa Fe.
Missed filings and fees
Not applicable: New Mexico LLCs file no periodic report. The LLC must cure the agent ground (appoint an agent / file the statement of change).
Is there a deadline to reinstate a New Mexico LLC?
Within two years after the effective date of revocation.
Not yet confirmed against the New Mexico Secretary of State, Business Services Division — check with the office.
Do you need tax clearance in New Mexico?
No
None required by the LLC reinstatement statute or the SOS rule.
What happens to the company name meanwhile?
Not yet confirmed against the New Mexico Secretary of State, Business Services Division — check with the office.
What changes once it is fixed?
Reinstatement relates back to and takes effect as of the effective date of the administrative revocation, and the LLC resumes carrying on its business as if the revocation had never occurred.
What changes for corporations in New Mexico?
Corporations file a biennial corporate report (NMSA § 53-5-2), so they can also be revoked for failing for 30 days to file the corporate reports, as well as for registered-agent failures. The SOS must first notify the corporation of its delinquency by letter to its principal office; if not corrected within 60 days of mailing, the SOS issues a certificate of revocation. Reinstatement is on the same terms as LLCs: application within two years after revocation, grounds eliminated, name available; relates back (NMSA § 53-11-12).
What should you file first?
There is no separate tax clearance step for a New Mexico LLC, so the filing comes first, with the missed filings and fees described above.
The filing
Application for reinstatement
Where it goes
New Mexico Secretary of State, Business Services Division, Santa Fe.
What does New Mexico ask you to file, so it does not happen again?
| Obligation | Form | Due | If late |
|---|---|---|---|
| LLC formation (Articles of Organization) | Articles of Organization | At formation | None |
| Annual or periodic report (LLCs) | None | Not required — New Mexico LLCs file no annual or periodic report | N/A |
| Corporate report (corporations) | Biennial Corporate Report | Biennially, on or before the fifteenth day of the fourth month after the end of the taxable year — NMSA 1978 § 53-5-2 | A civil penalty applies, and the certificate of incorporation can be canceled 60 days after notice (§ 53-5-7) |
| Change of registered agent | Statement of Change of Registered Agent | When the agent changes | None |
From the same New Mexico record as the New Mexico registered agent page. State fees change; we confirm current amounts with you before anything is filed.
Put every recurring New Mexico deadline in your calendar with the compliance calendar, or see what New Mexico requires of your registered agent.
Which New Mexico laws govern it?
NMSA 1978, § 53-19-66.1 (administrative revocation) and § 53-19-66.2 (reinstatement following administrative revocation), Limited Liability Company Act; rule 12.3.4.11(F) NMAC.
Sources, checked September 2026:
- New Mexico Compilation Commission— NMSA 1978, §§ 53-19-66.1, 53-19-66.2
- New Mexico Compilation Commission (NMOneSource, linked from the SOS ‘Statutes Governing Business in NM’ page); NM Commission of Public Records (NMAC)— NMSA 1978, § 53-19-66.1, § 53-19-66.2; 12.3.4.11(F) NMAC
- New Mexico Compilation Commission— NMSA 1978, § 53-19-66.1 (Laws 2001, ch. 200, § 74); § 53-19-5
- New Mexico Compilation Commission; NM Commission of Public Records— NMSA 1978, § 53-19-66.1; 12.3.4.11(F) NMAC
- New Mexico Compilation Commission— NMSA 1978, § 53-19-66.2(A)
- New Mexico Compilation Commission— NMSA 1978, § 53-19-66.2 (compiler’s note: Laws 2013, ch. 75, § 9 transfers PRC functions to the Secretary of State)
- New Mexico Compilation Commission— NMSA 1978, § 53-19-66.2
- New Mexico Compilation Commission— NMSA 1978, §§ 53-19-5, 53-19-66.1, 53-19-66.2(A)(2)
- New Mexico Compilation Commission— NMSA 1978, § 53-19-66.2(C)
- New Mexico Compilation Commission— NMSA 1978, §§ 53-5-2, 53-11-12
Checked against the New Mexico Secretary of State, Business Services Division (took over from the Public Regulation Commission on July 1, 2013) and the statutes above · Last checked September 2026. Not legal advice: the filing office has the final word on your entity.
New Mexico
Behind on a New Mexico filing?
Send us the entity and any notice you received. A compliance check shows where it stands with the New Mexico Secretary of State, Business Services Division, and state fees are confirmed with you before anything is filed.