New Mexico Fundraising Registration Requirements

New Mexico State Fundraising Registration

Resources for charities, businesses, professional fundraisers, and individuals conducting fundraising activities

 

New Mexico Nonprofit & Fundraising Company Licenses

Labyrinth provides the state fundraising regulations below as a guide to help you apply for and maintain your ability to fundraise. Need help? We can manage your state registrations for you. Contact us today to learn more.


New Mexico defines requirements for:

•  Charitable Organization Registration

•   Commercial Co-Venturer Registration

•  Professional Fundraiser Registration

•   Individual Nonprofit & Fundraising Licenses

•  Charitable Gift Annuity Registration


Need a different state? Visit our 50-state Compliance Guide

New Mexico Charitable Organization Registration

Agency:  New Mexico Attorney General - Charities Unit

Law:   New Mexico Statutes Ann. § 57-22-1 et seq.

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? Yes

Initial Registration

Filing Method:   Online

Agency Fee:  $0

Turnaround:  2 - 3 weeks

Notes:

  • President and CFO or another authorized officer must sign.
  • Some Alabama counties and municipalities may require charities that solicit in-person to register prior to fundraising.

    • - Before you Apply -

    Domestic Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

    • Foreign Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • If you will foreign qualify in New Mexico, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 30 days old when filing foreign qualification documents.

    • - How to Apply -

    Domestic Applicants:

    1. File entity formation documents with the New Mexico Secretary of State - Corporations Bureau.

    2. Create an NM-COROS account and complete the charitable organization registration through the New Mexico Attorney General - Charities Unit.


    Foreign Applicants:

    1. Determine whether or not your charity will need to foreign qualify based on your activity in New Mexico. If not required, skip to number 3.

    2. File foreign qualification documents with the New Mexico Secretary of State - Corporations Bureau.

    3. Create an NM-COROS account and complete the charitable organization registration through the New Mexico Attorney General - Charities Unit.


    - Required Attachments -

  • Articles of incorporation or organization
  • A copy of any agreement of association, instrument of trust, constitution, or other organizational instrument
  • A copy of the bylaws adopted by the applicant
  • IRS form 990
  • Bylaws
  • List of officers and directors including phone numbers and addresses
  • List of other states where the applicant is registered to solicit donations
  • Names and addresses of any professional fundraisers and commercial coventurers who are acting or have agreed to act on behalf of the applicant
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    Registration Renewal

    Filing Method:  Online

    Agency Fee:  $0

    Due:  

  • Annually within 6 months after the close of your fiscal year. So if your fiscal year ends December 31, renewal is due by June 30.
  • There is no official start to the renewal period, so renewals may be submitted as soon as financials become available for the most recently completed fiscal year.

    • Due Date Extension:

    Due dates can be extended for 6 months beyond the original due date by submitting a request for extension through the online portal.

    Notes:

  • The CFO and the president / other authorized officer must sign.
  • The organization must also notify the Attorney General throughout the year within 90 days of any change in the information.

    • Required Attachments:

  • IRS form 990
  • Audited accrual basis financials (if applicable)
  • List of officers and directors

    • Change of Fiscal Year

    Agency Fee:  $0

    Turnaround:   1-2 business days

    Notes: Email Charity.Registrar@nmag.gov to update fiscal year.

    Cancellation

    Agency Fee:  $0

    Notes: To close out your registration, file final reporting documents as requested by the state. Also submit a notarized letter with the following text: "AS OF (DATE), (ORGANIZATION NAME & FEIN ) NO LONGER EXISTS, OPERATES OR SOLICITS IN NEW MEXICO, THEREFORE PLEASE WITHDRAW THEIR REGISTRATION.".

     
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    I’ve had great experiences with Labyrinth across two organizations, I definitely recommend their services!

    Killjan Anderson – USA BASKETBALL

    New Mexico Commercial Co-Venturer Registration

    NOT REQUIRED

    Commercial Co-venturer licensure is not required on the State level in New Mexico.
    New Mexico does not currently have a traditional registration requirement for commercial co-venturers, but they may need to follow other regulations before and after fundraising events.

     
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    Labyrinth has taken the stress out of ensuring our organization is current with all state requirements. Their knowledgeable staff are always available to answer questions and provide guidance giving me peace of mind. I can’t say enough about the value they bring to our organization.

    Beth Lyons, Director of Development, Homes for Our Troops

    New Mexico Professional Fundraiser Registration

    Agency:   New Mexico Attorney General - Charities Unit

    Bond Requirements:   $25,000

    Initial Registration

    Form:   State of New Mexico Professional Fundraiser Form

    Agency Fee:  $0 Per Agent

    Notes:   Intended written contract(s) between the professional fundraiser and the charitable organization on whose behalf the professional fundraiser intends to conduct a solicitation campaign, including all copies of solicitation materials, must be submitted with the application.


    Registration Renewal

    Form:   http://www.nmag.gov/charity-registration-faq.aspx

    Agency Fee:  $0

    Due: Annually by the registration anniversary date.


    Contract Filing

    Agency Fee:  $0

    Due: A copy of all contracts entered into by a professional fundraiser must be submitted at least 15 days prior to soliciting in New Mexico.

    Notes: There is no form, simply file a copy of the contract with the department.


    Contract Amendment

    Agency Fee:  $0

    Due: Changes to solicitation contracts must be submitted at least 15 days prior to soliciting in New Mexico.

    Notes: There is no form, simply file a copy of the contract with the department.

     
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    Jacquelyn Bussotti, Human Resources Manager, Parkinson’s Foundation


    New Mexico Charitable Gift Annuity Registration

    Agency:   New Mexico Office of Superintendent of Insurance

    Law:   NM Stat. § 59A-1-16.1

    Bond Requirements: $300,000

    Initial Registration

    Notes: New Mexico charities must provide notice on the day they first enter into a charitable gift annuity agreement. Notices must identify the organization, certify that the organization is a charity and that the annuities issued are qualified charitable gift annuities, and be signed by an officer or director.


    Registration Renewal

    NOT REQUIRED



    New Mexico Individual Professional Fundraiser Registration

    NOT REQUIRED

    Professional Solicitor licensure is not required on the State level in New Mexico.
    Solicitors who are not employed by a professional fundraising firm but operate independently may be required to register. Employees of professional fundraising firms are generally not required to register as an individual solicitor in New Mexico.

     
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    Thank you, you truly are amazing! And frankly we would be lost in all of this if it wasn’t for you.

    Lisa Strand, Operations Coordinator, Life is Good Playmakers


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