US state
Closing a business in New Mexico with employees
Final wages are due immediately, and the employer shall pay such wages within five days of the discharge. In all other cases of discharged employees, the settlement and payment of wages or compensation shall be made within ten days of the discharge. A corporation files an Articles of dissolution under NMSA 1978 section 53-2-1 for $50.
| Fact | Detail |
|---|---|
| Final pay on termination | Whenever an employer discharges an employee, the unpaid wages or compensation of such employee, if a fixed and definite amount and not based on a task, piece, commission, or other method of calculation, shall upon demand become due immediately, and the employer shall pay such wages within five days of the discharge. In all other cases of discharged employees, the settlement and payment of wages or compensation shall be made within ten days of the discharge. New Mexico Compilation Commission |
| Final pay on resignation | Whenever an employee not having a written contract for a definite period quits or resigns his employment, the wages or compensation shall become due and be payable at the next succeeding payday. Section 50-4-5 does not prohibit the employer from paying immediately at the time of quitting. New Mexico Compilation Commission |
| State WARN | A search of NMSA 1978 Chapter 50, Article 4, for Worker Adjustment, plant closing, and mass layoff returned no private-employer advance-notice period. Sections 50-4-4 and 50-4-5 set when discharged employees and employees who quit are paid. New Mexico Compilation Commission |
| Dissolution form | Articles of dissolution under NMSA 1978 section 53-2-1 New Mexico Compilation Commission |
| Filing fee | $50 New Mexico Compilation Commission |
| Franchise or annual report | Filing a New Mexico corporate report, and filing a supplemental report, is twenty-five dollars under section 53-2-1(A)(16). New Mexico Compilation Commission |
How to wind down a company in New Mexico: filing, fee and approvals
New Mexico Compilation Commission lists Articles of dissolution under NMSA 1978 section 53-2-1 at $50 in NMSA 1978 section 53-2-1.
Filing a New Mexico corporate report, and filing a supplemental report, is twenty-five dollars under section 53-2-1(A)(16).
If discharged wages are not paid in the time fixed by section 50-4-4, they may continue from the date of discharge until paid, and not past the sixtieth day after discharge, when the employee demanded payment and payment was refused.
The filing office site is www.sos.nm.gov.
Dissolution filing in New Mexico
| Item | What the filing office states |
|---|---|
| Corporation form | Articles of dissolution under NMSA 1978 section 53-2-1 |
| Corporation fee | $50 |
Tax clearance in New Mexico
Filing a New Mexico corporate report, and filing a supplemental report, is twenty-five dollars under section 53-2-1(A)(16).
New Mexico Compilation Commission states that rule in NMSA 1978 section 53-2-1.
If discharged wages are not paid in the time fixed by section 50-4-4, they may continue from the date of discharge until paid, and not past the sixtieth day after discharge, when the employee demanded payment and payment was refused.
Articles of dissolution under NMSA 1978 section 53-2-1 is $50.
Employees in New Mexico: final pay and layoff notice
Whenever an employer discharges an employee, the unpaid wages or compensation of such employee, if a fixed and definite amount and not based on a task, piece, commission, or other method of calculation, shall upon demand become due immediately, and the employer shall pay such wages within five days of the discharge. In all other cases of discharged employees, the settlement and payment of wages or compensation shall be made within ten days of the discharge.
Whenever an employee not having a written contract for a definite period quits or resigns his employment, the wages or compensation shall become due and be payable at the next succeeding payday. Section 50-4-5 does not prohibit the employer from paying immediately at the time of quitting.
A search of NMSA 1978 Chapter 50, Article 4, for Worker Adjustment, plant closing, and mass layoff returned no private-employer advance-notice period. Sections 50-4-4 and 50-4-5 set when discharged employees and employees who quit are paid.
Federal WARN, when it applies, uses 60 days' notice and an employer-size threshold of 100. The rest of the test is on the U.S. Government Publishing Office page.
Federal periods for keeping tax records are in how to wind down a company.
Compare final paycheck and WARN rules by state when you have staff in more than one state.
Read closing a business in Texas with employees. Read final pay in Colorado. Read Arizona dissolution fee.
Read how to tell employees the company is closing before the meeting.
Run a WARN check for a New Mexico employer against your headcount.
Build a closing checklist for New Mexico from the same rules.
See when canceled tools delete company records before you turn a tool off.
Read what each tool deletes when you stop paying for the vendor clocks.
After dissolution in New Mexico
Filing a New Mexico corporate report, and filing a supplemental report, is twenty-five dollars under section 53-2-1(A)(16).
If discharged wages are not paid in the time fixed by section 50-4-4, they may continue from the date of discharge until paid, and not past the sixtieth day after discharge, when the employee demanded payment and payment was refused.
New Mexico Compilation Commission states that rule in NMSA 1978 section 53-2-1.
New Mexico Compilation Commission states that rule in NMSA 1978 section 50-4-4.
How New Mexico compares with Texas, Colorado and Arizona
A dash (—) is an empty cell. It is not a finding that no rule exists.
| State | Final pay on termination | State WARN notice | Dissolution fee |
|---|---|---|---|
| New Mexico | Whenever an employer discharges an employee, the unpaid wages or compensation of such employee, if a fixed and definite amount and not based on a task, piece, commission, or other method of calculation, shall upon demand become due immediately, and the employer shall pay such wages within five days of the discharge. In all other cases of discharged employees, the settlement and payment of wages or compensation shall be made within ten days of the discharge. | No state notice statute confirmed | corporation $50 |
| Texas | An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged. | No state notice statute confirmed | LLC $40 |
| Colorado | When an interruption in the employer-employee relationship by volition of the employer occurs, the wages or compensation for labor or service earned, vested, determinable, and unpaid at the time of such discharge is due and payable immediately. | No state notice statute confirmed | LLC $10 |
| Arizona | When an employee is discharged from the service of an employer, he shall be paid wages due him within seven working days or the end of the next regular pay period, whichever is sooner. | No state notice statute confirmed | LLC $35 |
Articles of dissolution under NMSA 1978 section 53-2-1 is $50 in New Mexico. Certificate of Termination (Form 651) is $40 in Texas.
Articles of dissolution under NMSA 1978 section 53-2-1 is $50 in New Mexico. Dissolve a limited liability company is $10 in Colorado.
Articles of dissolution under NMSA 1978 section 53-2-1 is $50 in New Mexico. Articles of Termination is $35 in Arizona.
New Mexico: Whenever an employer discharges an employee, the unpaid wages or. Texas: An employer shall pay in full an employee who is.
General information only. This is not legal, tax or financial advice.
Related
- Wind-down rules by US state
Final paycheck deadlines, state WARN notice, and dissolution fees for 51 US jurisdictions.
- Winding down
Order of operations to wind down a company, from approval through taxes and dissolution.
- New York
Final pay, state WARN, and the dissolution fee for New York.
- North Carolina
Final pay, state WARN, and the dissolution fee for North Carolina.
- North Dakota
Final pay, state WARN, and the dissolution fee for North Dakota.
- Texas
Final pay, state WARN, and the dissolution fee for Texas.
- Colorado
Final pay, state WARN, and the dissolution fee for Colorado.
- Arizona
Final pay, state WARN, and the dissolution fee for Arizona.
Questions about closing a business in New Mexico
How fast must a final paycheck be paid in New Mexico after a layoff?
Whenever an employer discharges an employee, the unpaid wages or compensation of such employee, if a fixed and definite amount and not based on a task, piece, commission, or other method of calculation, shall upon demand become due immediately, and the employer shall pay such wages within five days of the discharge. In all other cases of discharged employees, the settlement and payment of wages or compensation shall be made within ten days of the discharge. A corporation files Articles of dissolution under NMSA 1978 section 53-2-1 for $50.
Does New Mexico have its own WARN Act?
A search of NMSA 1978 Chapter 50, Article 4, for Worker Adjustment, plant closing, and mass layoff returned no private-employer advance-notice period. Sections 50-4-4 and 50-4-5 set when discharged employees and employees who quit are paid. New Mexico Compilation Commission states that rule in NMSA 1978 section 50-4-4. A corporation files Articles of dissolution under NMSA 1978 section 53-2-1 for $50. New Mexico is read beside Texas, not as a copy of that neighbour. The labor department host is www.dws.state.nm.us.
Which form dissolves a New Mexico corporation, and what is the filing fee?
New Mexico Compilation Commission lists Articles of dissolution under NMSA 1978 section 53-2-1 for a New Mexico corporation. The filing fee is $50. NMSA 1978 section 53-2-1 is the schedule that states $50. A corporation files Articles of dissolution under NMSA 1978 section 53-2-1 for $50. New Mexico is read beside Texas, not as a copy of that neighbour. The labor department host is www.dws.state.nm.us.
What annual report or franchise tax still applies when a New Mexico company dissolves?
Filing a New Mexico corporate report, and filing a supplemental report, is twenty-five dollars under section 53-2-1(A)(16). Read that note beside the dissolution fee, not instead of it. Ask your lawyer which report is still due for the entity you are closing in New Mexico. Do not treat the note as legal advice for your payroll.
Sources
- New Mexico Compilation Commission. NMSA 1978 section 50-4-4. Checked 2026-11-04
- New Mexico Compilation Commission. NMSA 1978 section 53-2-1. Checked 2026-11-04