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As per the New Mexico LLC Act, an Operating Agreement isn't required for an LLC in New Mexico. But while it's not required in New Mexico to conduct business, we strongly recommend having an Operating Agreement for your LLC.
A board of directors agreement is an agreement that outlines the roles and responsibilities of the members of the board of directors of a company and secures membership of a new board member. The agreement isn't a legal document, but it does assert a new member's commitment to the organization.
If you're the sole member of your LLC, you can add a member by updating your operating agreement and formation documents to reflect changed membership. If you're part of a multi-member LLC, you'll need to discuss additional members with current members and hold a vote before proceeding.
File proper change of ownership paperwork in New Mexico Approval from all members of the LLC is needed to transfer partial LLC ownership in New Mexico. After you get the approval of all members, you would file an Amendment to Articles of Organization with the Secretary of State.
To make amendments to your domestic limited liability company in New Mexico, submit Form DLLC-AM, Articles of Amendment to the Articles of Organization and a duplicate copy to the New Mexico Public Regulation Commission (PRC). The form is online (see link below).
Can you change the New Mexico LLC members or managers on an amendment? Yes, you can change your LLC's members and managers by amending articles. If you want to amend your LLC and add extra members, you will have to file a paper form. It costs $50 to process.
Board member contracts are not mandatory, although having them in place is best practice and can help ensure Board members are aware of their responsibilities, what is expected of them, and what they expect from the organization to enable them to more effectively lead.
The Cost of Forming an LLC in New Mexico The filing fee for LLCs in New Mexico is just $50, offering a wallet-friendly alternative compared to many other states.