2019 New Mexico Statutes
Chapter 53 - Corporations
Article 8 - Nonprofit Corporations
Section 53-8-69 - Filing of application for certificate of authority.

A. The following documents shall be delivered to the secretary of state:

(1) an original of the application of the corporation for a certificate of authority and a certificate of good standing and compliance issued by the appropriate official of the state or country under the laws of which the corporation is incorporated that is current within thirty days and that has not expired by the time of receipt by the secretary;

(2) a statement executed by the designated registered agent in which the agent acknowledges acceptance of the appointment by the filing corporation as its registered agent, if the agent is an individual, or a statement executed by an authorized officer of a corporation that is the designated registered agent, in which the officer acknowledges the corporation's acceptance of the appointment by the filing corporation as its registered agent, if the agent is a corporation; and

(3) a copy of whichever statement is filed pursuant to Paragraph (2) of this subsection, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original.

B. If the secretary of state finds that the application and the affidavit conform to law, the secretary shall, when all fees have been paid as prescribed in the Nonprofit Corporation Act:

(1) endorse on the original and copy the word "filed" and the month, day and year of the filing thereof;

(2) file in the office of the secretary the original of the application and the statement; and

(3) issue a certificate of authority to conduct affairs in New Mexico to which shall be affixed the application copy.

C. The certificate of authority, together with the application affixed thereto by the secretary of state, shall be returned to the corporation or its representative.

History: 1953 Comp., § 51-14-111, enacted by Laws 1975, ch. 217, § 69; 1977, ch. 178, § 9; 1983, ch. 304, § 14; 2003, ch. 318, § 22; 2015, ch. 66, § 5.

The 2015 amendment, effective July 1, 2015, required the filing of the corporate application for certificate of authority to be filed with the secretary of state; in the introductory sentence of Subsection A, after "delivered to the", deleted "commission" and added "secretary of state"; in Paragraph (1) of Subsection A, after "corporation is incorporated", added "that is current within thirty days and that has not expired by the time of receipt by the secretary"; in the introductory sentence of Subsection B, after "If the", deleted "commission" and added "secretary of state", after "conform to law", deleted "it" and added "the secretary"; in Paragraph (2) of Subsection B, after "office of the", deleted "commission" and added "secretary"; and in Subsection C, after "affixed thereto by the", deleted "commission" and added "secretary of state".

The 2003 amendment, effective July 1, 2003, rewrote Subsection A; substituted "the original and copy" for "each of the documents" near the beginning of Paragraph B(1); in Paragraph B(2), substituted "original" for "duplicate originals" following "commission the", substituted "statement" for "affidavit" near the end; substituted "application copy" for "other duplicate original application" at the end of Paragraph B(3); deleted "duplicate original of the" following "together with the" in Subsection C; and deleted "corporation" preceding "commission" throughout section.

The 1983 amendment, effective June 17, 1983, inserted "in which the officer . . . as its registered agent" near the end of Subsection A, deleted "together with a copy of its articles of incorporation, or restated articles of incorporation, and all amendments thereto, duly certified by the proper officer of the state or country under the laws of which it is incorporated" at the end of Subsection A, substituted "and" for a comma following "application" and deleted "and the copy of the articles of incorporation, or the restated articles of incorporation, and amendments thereto" at the end of Paragraph (2) of Subsection B.