How To Get a DBA in New Mexico in Two Steps
By Marjorie Richter, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last reviewed October 09, 2024
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A DBA (also known as a “fictitious name,” “trade name,” “assumed name,” or “doing business as” name) is a name a business uses that is different from its official legal name. This article will help you understand how to use a DBA in New Mexico.
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Unlike most states, New Mexico does not generally require businesses to register their DBAs with the state.
However, you may be required to provide your DBA, if you are using one, on certain state forms and documents. Depending on where you operate your business, you may also be subject to local city or county regulations that apply to DBAs. Some industries also have rules on DBAs.
Do I Need a DBA in New Mexico?
You are not required to use a DBA. An entity, such as a corporation, limited liability company, or limited partnership, could conduct all business using only its official company name. A sole proprietorship could transact all business using only the owner’s personal name.
However, using a DBA gives you the chance to have a new name for your business that is more descriptive and catchier than your business’s official legal name. It helps you create a memorable brand and reach your target audience without busting the budget of a small business. It also helps protect your privacy if you are a sole proprietor whose legal business name is your personal name.
There aren’t many disadvantages to using a DBA. However, business owners should be aware that a DBA does have some limitations. It does not create a separate business entity, so it can’t provide legal protection for your personal assets. For liability protection, you need to establish a legal business entity, such as an LLC.
Because there is no general requirement that you register a New Mexico DBA, there is no general penalty for not doing so.
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Conduct Name Search
Your DBA should be unique. The New Mexico Secretary of State provides a searchable online database of the names of businesses registered with the state. For general partnerships, limited partnerships, and LLPs, the database lists the entities’ official names. For corporations and LLCs, it lists both the official names and the DBAs for those businesses that have them.
To protect your DBA, consider getting a federal trademark. Start by doing a trademark search using the United States Patent and Trademark Office (USPTO)’s database.
If you are planning to create a website for your business, search the internet and ICANN to see if your desired domain name is available. You can register your domain name through your web hosting company or by using a domain name registrar company.
Provide Your DBA When Required
There are some situations where you should provide your DBA, if you are using one, on an official form or document in New Mexico. For example:
If you’re forming a limited liability company, you must state in the articles of organization both your LLC’s official name and the name you want to use to transact business in the state if it’s different from the official name. The requirement to include the different names in the articles went into effect on July 1, 2021.
When you file a New Mexico Business Tax Registration or Update form, you should provide your DBA if your business is operating under a name different from its official one.
Some cities or counties may require you to register your DBA or provide it when you are filing official forms. For example, you must supply both your legal business name and DBA when applying for a City of Santa Fe business license. You should check with your local city and county clerks’ offices for more information on their requirements.
Some industries have their own rules about DBAs. For example, a business licensed to manufacture, distribute, or sell tobacco products in New Mexico must file an application and pay a fee to change its DBA.
If you are using a DBA, you will probably need to provide it to the bank when opening a business bank account.
After You Register Your DBA
Because New Mexico does not require businesses to register DBAs on the state level, there are no general rules on managing, maintaining, changing, or canceling your DBAs. However, you should be aware of exceptions, such as those for licensed tobacco products businesses, which must follow state rules to change their DBAs.
Frequently Asked Questions
Help With New Mexico DBAs
To find out whether your business is subject to any particular industry or local requirements for using a DBA, you could consult a New Mexico business attorney. Or you can let our trusted partner LegalZoom help you form a New Mexico legal business entity. For states that require DBA registration, LegalZoom can handle your name search, DBA application filing, and publishing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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DBA registration starts at $99 + filing fees.