How to Change a Business Name in New Mexico

New Mexico law regulates the creation and acts of business associations chartered in New Mexico. All business associations engaged in commerce within the state of New Mexico are required to register with the Corporations Bureau of the Public Regulation Commission. Corporate registrations in New Mexico are public records, and companies that wish to change their name must file with the Corporations Bureau to amend the public record.

• 1

  Understand the difference between changing the corporate name and the fictitious name of a business. The corporate name of a business refers to the legal name of a corporation, whereas a fictitious name (also known as "doing business as") refers to a publicly known name of a business that is different from the corporate name. While many businesses do not have a fictitious name, they are common in the context of franchises. A business owner who operates several McDonald's restaurants may incorporate as "Jim's Restaurants, Inc." and operate under the fictitious name of McDonald's. Under New Mexico law, a business does not have to register fictitious names with the Corporations Bureau. Therefore, a business only has to amend its filing with the Corporations Bureau if it changes its corporate name, not its fictitious name.

• 2

  Choose a new corporate name that is not already registered. While the Corporations Bureau does not allow business owners to amend their filing online, the Corporations Bureau maintains an online database of all corporate names registered in New Mexico. The Corporations Bureau will only accept a name change filing if the desired new name is available and not taken by another business entity. Search the Corporations Bureau database to determine whether your desired new corporate name is available.

• 3

  Download and fill out the appropriate amendment form for your business association. The Corporations Bureau supplies different amendment forms, depending on whether the business association is domestic or foreign, and whether the business association is organized as a for-profit, nonprofit or a limited liability company. The amendment form requires disclosure of the old and new corporation name, its NMPRC number and any changes in the underlying stock structure of the business association. An authorized officer of the business association must sign the amendment form.

• 4

  Pay the appropriate filing fee and submit it to the Corporations Bureau. As of 2010, the fee for changing a business name in New Mexico is $20 for a nonprofit corporation, $50 for a limited liability corporation or a foreign for-profit corporation and $100 for a domestic for-profit corporation. The Corporation Bureau only accepts filing by mail and payment by cash or check.