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All NM business entities are required to have a registered agent.
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.
The JOA is a contract where two or more parties agree to undertake a common task to explore and exploit an area for hydrocarbons. The parties to the agreement can be broadly classified as operators and non-operators. The operator is the one who is responsible for the day-to-day management and operation of the field.
An operating agreement (bylaws) is an internal document that defines how the business owners professionally relate to one another. The articles of incorporation (certificate of formation) is a public document that legally establishes a business as a corporation.
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.
An operating agreement should include the following: Percentage of members' ownership. Meeting provisions and voting rights. Powers and duties of members and management. Distribution of profits and losses. Tax treatment preference. A liability statement. Management structure. Operating procedures.
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.