How to File a DBA in New Mexico
New Mexico has no state or county DBA or trade name registration; the Trade Names Act was repealed in 1997. You use your legal or registered name and get a state Business Tax ID. Attorney review available.
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Introduction
New Mexico is one of the few states with nothing to file for a DBA: it repealed its Trade Names Act in 1997, and no state or county office now registers a doing-business-as name, the name a person or company uses that differs from the owner's legal name and that by itself creates no separate company or name protection. New Mexico is unusual, because it has no statewide DBA, trade name, or assumed name registration. The former New Mexico Trade Names Act (Sections 57-3-1 to 57-3-12 NMSA 1978) was repealed effective July 1, 1997 (Laws 1997, ch. 197), and no state or county office in New Mexico now accepts a DBA or fictitious business name filing. Because there is nothing to file, there is no state DBA form, no filing fee, and no newspaper publication requirement, and there is nothing to renew. A sole proprietor simply does business under the chosen name, and a corporation or LLC uses the true name it registered with the New Mexico Secretary of State. What you do instead is register with the New Mexico Taxation and Revenue Department, since anyone who engages in business in New Mexico must register there and receive a Business Tax Identification Number (BTIN); you apply online through the Taxpayer Access Point or file form ACD-31015, with no registration fee. Using a business name in New Mexico does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or exclusive right to the name; name protection instead comes from registering a trademark or service mark under the New Mexico Trademark Act (Chapter 57, Article 3B NMSA 1978). DocDraft builds a clear New Mexico business-name record from your facts so your bank and your tax registration line up, with attorney review available as an option before you rely on it.
Key Things to Know
- 1
New Mexico keeps no DBA register of any kind, so the term describes a practice rather than a filing here. A DBA (doing business as) is a name used to do business that differs from the owner's legal name or a company's registered name. It is a name, not a business entity, and by itself it creates no separate company and no liability protection.
- 2
New Mexico has no statewide DBA, trade name, or assumed name registration. Neither the Secretary of State nor any county clerk accepts a DBA or fictitious business name filing.
- 3
The New Mexico Trade Names Act (Sections 57-3-1 to 57-3-12 NMSA 1978) was repealed effective July 1, 1997 (Laws 1997, ch. 197), which is why there is no assumed name filing for a sole proprietor today.
- 4
Because there is nothing to file, New Mexico has no state DBA form, no filing fee, and no newspaper publication requirement. There is also no registration to renew.
- 5
Anyone who engages in business in New Mexico must register with the New Mexico Taxation and Revenue Department and receive a Business Tax Identification Number (BTIN). You apply online through the Taxpayer Access Point or file form ACD-31015, and there is no registration fee.
- 6
A sole proprietor does business under the chosen name directly. A corporation or LLC operates under the true name it registered with the New Mexico Secretary of State.
- 7
Using a business name in New Mexico gives no ownership of or exclusive right to that name and no liability protection. For exclusive name rights you register a trademark or service mark under the New Mexico Trademark Act (Chapter 57, Article 3B NMSA 1978).
Key decisions before you file
Before you file a DBA (Doing Business As) in New Mexico, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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New Mexico Requirements for DBA (Doing Business As)
No State or County DBA Registration
New Mexico has no statewide or county DBA, trade name, or assumed name registration. Neither the Secretary of State nor any county clerk accepts a fictitious business name filing.
Trade Names Act Repealed
The New Mexico Trade Names Act, Sections 57-3-1 to 57-3-12 NMSA 1978, was repealed effective July 1, 1997 (Laws 1997, ch. 197), so there is no assumed name filing for a sole proprietor.
No Form, Fee, or Publication
Because there is nothing to file, New Mexico has no DBA form, no filing fee, and no newspaper publication requirement, and there is no registration to renew.
Register for a Business Tax ID
Anyone who engages in business in New Mexico must register with the Taxation and Revenue Department and receive a Business Tax Identification Number. Apply online through the Taxpayer Access Point or file form ACD-31015, with no registration fee.
Use the Legal or Registered Name
A sole proprietor does business under the chosen name directly. A corporation or LLC operates under the true name it registered with the New Mexico Secretary of State.
The Business Name
The exact name used to do business. It should not include a word such as Corporation, Incorporated, LLC, or Limited unless the owner is that type of entity registered in New Mexico.
Bank and Records Documentation
With no state filing to show, keep an internal business name record and use it to open a bank account under the name and to complete state tax registration.
No Entity, No Trademark, No Liability Shield
Using a business name creates no separate legal entity, gives no exclusive right to the name, and does not limit personal liability. Name protection comes from a trademark under the New Mexico Trademark Act; liability protection comes from forming an entity.