The first step in forming a 501(c)(3) charity in New Mexico is to file your Articles of Incorporation. This tutorial will help you through the nine procedures necessary to submit the Articles of Incorporation in New Mexico and formally create a nonprofit.
Table of Contents
Starting Over
To form a domestic nonprofit company in New Mexico, complete the Nonprofit Corporation – Articles of Incorporation form. This tutorial will walk you through each step of completing this paperwork and getting started on the path to incorporating a charity in New Mexico.
Step 1: List Your Nonprofit’s Name
Step 2: Describe Your Nonprofit’s Purpose
Step 3: Specify the Duration of Your Nonprofit
Step 4: Select a Registered Agent.
Step 5: Provide Your Principal Place of Business Address
Step 6: Name Your Initial Board of Directors
Step 7: List Your Incorporator Details
Step 8: Fill out any more required forms.
Step 9: Documents for Formation
Step 1: List the Name of Your Nonprofit
The first step in completing your New Mexico Articles of Incorporation is to give the name, email address, and phone number of your nonprofit company. If you haven’t yet decided on a name for your charity, these are the prerequisites for naming a nonprofit in New Mexico:
Your nonprofit’s name must be distinct from any other name on file in New Mexico, including any reserved names.
The name of your nonprofit cannot indicate anything other than what is mentioned in the Articles of Incorporation.
Look for the Availability of Your Name
Following the selection of prospective names — preferably, at least four or five — it’s essential to check their availability in your state. You may do this by completing the four suggested searches listed below.
New Mexico Business Lookup
A nonprofit company must have a distinct name in order to exist in New Mexico. You may quickly verify whether your desired name is available by utilising the New Mexico Business Search tool.
Domain Name Lookup
We highly advise you to additionally check to see whether your company name is accessible as a web domain (URL). Even if you don’t intend to construct a company website right away, you should purchase the domain name to prevent others from gaining it. It’s a completely free search.
Federal Trademark Lookup
Using the federal Trademark Electronic Search System, you may quickly see whether your preferred charity name has already been trademarked. Even if you do not intend to create your charity right immediately, this is essential.
You may register for a trademark for your organisation after you have confirmed that no one else has previously trademarked your selected name.
Search the Web and Social Media
A good social media presence can help you reach out to prospective funders as well as customers who will employ your services. As a result, before registering your preferred name, check the web and prominent social media platforms for it to confirm it is accessible on all platforms where you want to advertise your group.
Step 2: Describe the Purpose of Your Nonprofit
Describe the mission of your organisation in article two. For your organisation to be qualified for 501(c)(3) status, it must have one or more of the following characteristics:
Charitable\sReligious\sEducational\sScientific\sLiterary
Public safety testing
promoting amateur sports competition on a national and worldwide scale
Preventing animal/child cruelty
Next, tick the relevant box to indicate if your organisation wants to be classified as a benefit company. Include the benefit purpose if applicable.
Step 3: State the duration of your nonprofit.
Most incorporators create nonprofit organisations with no set termination date in mind. Check the “perpetual” box in article three if this applies to your organisation. If your organisation has a finite lifespan, select that option and provide a precise end date or number of years in operation.
Step 4: Select a Registered Agent.
In New Mexico, the Articles of Incorporation must be filed with a registered agent. This position may be filled by either a person or a company having a physical address in New Mexico. A registered agent’s duties include receiving and sending service of process paperwork for the company as well as acting as the entity’s point of contact.
This section’s requirements include:
The name of your designated registered agent
The street address of your registered agent (this cannot contain a P.O. Box).
The postal address of your registered agent (if it differs from their street address)
Step 5: Provide your primary place of business’s address.
Next, enter the physical address of your nonprofit’s main office (a P.O. Box will not suffice). If your organization’s postal address varies from its main office, provide that as well.
Step 6: Form Your First Board of Directors
Name your first board of directors and their addresses. You must identify at least three directors to qualify for 501(c)(3) status and finish this formation paperwork. If you have more than three initial directors, use an attachment to give the names and addresses of each new director.
Follow these rules when listing your nonprofit’s inaugural board of directors:
Prefixes such as “Mr.” or “Ms.” should be avoided.
Use lineage titles if relevant.
If appropriate, use titles such as “M.D.” or “Ph.D.”
Step 7: List Your Incorporator Details
Any individual who takes part in the completion and filing of the Articles of Incorporation is considered an incorporator. Each incorporator must enter their name, address, and signature in this area.
Step 8: Fill out any more required forms.
You must submit the following paperwork with your Articles of Incorporation in New Mexico:
Document Delivery Instruction Form for Statement of Acceptance of Appointment by Designated Initial Registered Agent
In order for your nonprofit company to qualify for 501(c)(3) status, your Articles of Incorporation must also contain several additional declarations. Because the New Mexico formation document lacks a section on asset distribution upon dissolution, utilise an attachment to indicate how the assets of your nonprofit company will be allocated following dissolution.
Dissolution assets must only be distributed for authorised, tax-exempt uses. Refer to the sixth section of the Internal Revenue Service’s (IRS’) proposed wording for corporations and organisations for further information on the requirements of dissolution and 501(c)(3) status.
Step 9: Documents for Formation
Articles of Incorporation in New Mexico may only be submitted by mail. In addition, you must submit the Statement of Acceptance of Appointment by Designated Initial Registered Agent and the Document Delivery Instruction Form, which are both contained in the file.