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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.
An operating agreement, also known in some states as a limited liability company (LLC) agreement, is a contract that describes how a business plans to operate. Think of it as a legal business plan that reads like a prenup.
In New Mexico, there is no annual fee. Another cost that goes along with the formation of an LLC is the registered agent. You can choose a member of the LLC or a manager as the registered agent, but you can also choose to hire a third party.
All NM business entities are required to have a registered agent.
Operating agreements are an instrument for LLCs and focus primarily on ownership, management, and financial matters. Bylaws are rules and regulations that govern corporations' internal operations and management, including non-profit corporations.
In order to operate, LLCs require real humans (and other entities) to carry out company operations. While there is no state law requiring a written operating agreement, adopting one is an extremely important step for New Mexico LLCs.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, which means someone could sue you without there being any shield to protect your personal assets.
A joint operating agreement is a legal document that outlines the relationship between two or more businesses who jointly operate a business. When one company partners with another, they are typically signing this type of contract to ensure their business interests are protected.