2018 New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 15 - Rural Electric Cooperatives
Section 62-15-19 - Filing of articles.
Articles of incorporation, amendment, consolidation, merger, conversion or dissolution, when executed and acknowledged and accompanied by such affidavits as may be required by applicable provisions of the Rural Electric Cooperative Act, shall be presented to the secretary of state for filing in the records of that office. If the secretary of state finds that the articles presented conform to the requirements of that act, the secretary of state shall, upon the payment of the fees as provided in that act, file the articles in the records of the secretary of state's office, and upon such filing the incorporation, amendment, consolidation, merger, conversion or dissolution provided for in those articles shall be in effect. The secretary of state, immediately upon the filing in the secretary of state's office of any articles pursuant to the Rural Electric Cooperative Act, shall transmit a certified copy of the articles to the county clerk of the county in which the principal office of each cooperative or corporation affected by the incorporation, amendment, consolidation, merger, conversion or dissolution is located. The clerk of any county, upon receipt of any such certified copy, shall file and index it in the records of the clerk's office, but the failure of the secretary of state or of a clerk of a county to comply with the provisions of this section shall not invalidate the articles. The provisions of this section shall apply to certificates of election to dissolve and affidavits of compliance executed pursuant to Paragraph (2) of Subsection B of Section 62-15-18 NMSA 1978.
History: Laws 1939, ch. 47, § 19; 1941 Comp., § 48-419; 1953 Comp., § 45-4-19; 2013, ch. 75, § 32.
The 2013 amendment, effective July 1, 2013, required that articles be filed with the secretary of state; in the first sentence, after "presented to the", deleted "state corporation commission" and added "secretary of state"; in the second sentence, at the beginning of the sentence, deleted "state corporation commission shall find" and added "secretary of state finds", after "requirements of that act", deleted "he" and added "the secretary of state", and after "in the records of", deleted "his" and added "the secretary of state"; and in the third sentence, at the beginning of the sentence, deleted "state corporation commission" and added "secretary of state", after "upon filing in", deleted "his" and added "the secretary of state's"; and in the fourth sentence, after "the failure of the", deleted "state corporation commission" and added "secretary of state".
