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Entity

Foreign registration · no form number

New Mexico Corporation Foreign Registration in South Dakota

A corporation formed in New Mexico that wants to do business in South Dakota files an online registration (no form number), with $750 in state fees. South Dakota also wants New Mexico's Certificate of Good Standing and Compliance ($50). We file it with the Secretary of State from your New Mexico records, then serve as your registered agent there for year one.

New Mexico vs South Dakota: the paperwork

New Mexico
formed here
South Dakota
registering here
DocumentNew Mexico Certificate of Good Standing and ComplianceApplication for Certificate of Authority (Foreign Business Corporation) (no form number)
State fee$50$750 at order
How it is handledNew Mexico: onlineFiled online with South Dakota
Paid expedite$50
OfficeNew Mexico Secretary of State, Business Services DivisionSouth Dakota Secretary of State
Official pageenterprise.sos.nm.govsdsos.gov
Age ruleDated when issuedMust be current
Yearly filingBiennial Corporate Report, $25, every two yearsAnnual Report, fee set by the state, every year
DueApril 15 for calendar-year filers, every 2 yearsBy the first day of the registration anniversary month each year
Late yearly filing$200 late fee$50 late fee
AgentYour New Mexico registered agentOur South Dakota registered agent

How New Mexico companies register with South Dakota

  1. Order the New Mexico certificate

    The Certificate of Good Standing and Compliance ($50) is ordered from New Mexico separately; it is not part of our South Dakota order. South Dakota wants the New Mexico certificate current, so it is ordered close to the filing date.

  2. We prepare and file the registration

    It lists us as your South Dakota registered agent, next to your New Mexico name and formation date, with the certificate attached. The New Mexico certificate comes first; then the South Dakota filing goes in. After approval, your New Mexico corporation is registered with South Dakota.

South Dakota costs for New Mexico companies

ItemAmount
State fees, paid at order$750
Certificate of Good Standing and Compliance, paid to New Mexico$50
Our service, with a year of South Dakota registered agent service$199
First-year total, New Mexico certificate included$999

South Dakota's paid expedite is optional and not in the total.

Will your New Mexico name work for South Dakota?

If another South Dakota company uses the New Mexico name, an alternate name is allowed. South Dakota can hold a name for $25 before you file.

Your South Dakota agent and the New Mexico one

New Mexico and South Dakota both call it a registered agent. Your current registered agent stays for New Mexico; ours takes South Dakota's papers and notices.

Staying in good standing in New Mexico and South Dakota

New Mexico wants the Biennial Corporate Report every two years ($25); South Dakota wants the Annual Report every year. The new registration does not replace any home-state filing.

LLC or corporation, New Mexico to South Dakota

An LLC formed in New Mexico files its own registration with South Dakota ($750 in state fees, the same, plus the Certificate of Good Standing and Compliance). See the LLC filing.

Registering a South Dakota company in New Mexico

A corporation formed in South Dakota that registers with New Mexico files New Mexico's registration (no form number) with $200 in state fees. See that filing.

Questions New Mexico owners ask about South Dakota

Does my New Mexico company need to register in South Dakota?

Yes, once a New Mexico business operates there; South Dakota law lists 11 activities that do not count on their own.

Is this a certificate of authority?

Yes: South Dakota issues one to New Mexico corporations once the filing is approved.

How much does it cost to register a New Mexico corporation in South Dakota?

$949 at checkout plus $50 to New Mexico for the Certificate of Good Standing and Compliance, $999 in all (checkout is $750 in state fees plus our $199).

Do I need New Mexico's certificate of good standing?

Yes: South Dakota wants it ($50), current at filing.

How long does the South Dakota registration take?

South Dakota approves online filings immediately, once New Mexico's certificate is in hand. Paid expedite: $50.

What are the yearly costs for New Mexico and South Dakota?

Our registered agent renewal ($149 a year), New Mexico's report ($25, every two years) and South Dakota's report (fee set by the state).

What if I don't register with South Dakota?

A New Mexico company cannot sue in court there until it registers.

Does South Dakota require a registered agent?

Yes: the New Mexico registered agent stays, and ours covers South Dakota for year one.

Will South Dakota accept my New Mexico name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its New Mexico name at home.

Can I form a new South Dakota corporation instead?

Yes, but New Mexico keeps the original, so you run two companies: the new one files South Dakota's Annual Report, and the original keeps New Mexico's Biennial Corporate Report.

Official sources

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