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New Mexico LLC Continuing Obligations

Once a New Mexico LLC has been created, the New Mexico Secretary of State will require certain recurring responsibilities and duties. The most important of these are explained below. For further information, refer to the New Mexico Secretary of State office.

Records

  • A list containing the full name and last known mailing address of all current and former members and managers
  • A copy of the articles of organization and all amendments or restatements of the articles, together with executed copies of any powers of attorney pursuant to which any articles, amendments or restatements have been executed
  • A copy of each of the limited liability company’s federal, state and local income tax returns and financial statements for the three most recent years or, if such returns or statements were not prepared for any reason, copies of the information and statements necessary to enable the members to prepare their own federal, state and local tax returns for such periods;
  • A copy of every current and prior operating agreement, and all amendments thereto
  • Unless the following statements are included in the articles of organization or an operating agreement:
    • A current statement of the capital contributions made by each member specifying the amount of cash and the agreed value of other property received by the LLC and the agreed value of services as a capital contribution that each member has rendered to the LLC
    • A statement of the cash, property and services that each member has agreed to contribute or render to the LLC in the future, and of the principal balance outstanding under any promissory note payable in respect of a capital contribution, and of the amount of the capital contribution with which each such member shall be credited upon receipt of such cash, property or services, or any part thereof, by the LLC
    • A statement of the times at which, or the events on the happening of which, any additional contributions to or withdrawals from capital to which the members have agreed are to occur; and
  • Documents or any other writings required to be made available to members by the articles of organization or operating agreement

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