2020 New Mexico Statutes
Chapter 53 - Corporations
Article 10 - Unincorporated Associations
Section 53-10-1 - [Purpose of organization; filing statement, articles of association and rules and regulations with county clerk.]

Universal Citation: NM Stat § 53-10-1 (2020)

Whenever two or more persons shall desire to form an association for the promotion of their mutual pleasure or recreation of any hunting, fishing, camping, golf, country club, or association for a similar purpose, or an association not for the individual profit of the members thereof, and without incorporating the same as a corporation, or maintaining the title of its property in trust for the interest of its several members as they may exist from time to time.[, the] The said persons or members desiring to form such an association or club may file in the office of the county clerk of the county in which it may maintain its headquarters and pursue its objects and purposes, a statement containing the name of such association, its objects and purposes, the names and residences of the persons forming such association, together with a copy of its articles of association and any rules and/or regulations governing the transactions of its objects and purposes and prescribing the terms by which its members may maintain or cease their membership therein.

History: Laws 1937, ch. 186, § 1; 1941 Comp., § 52-101; 1953 Comp., § 51-18-1.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

To create an association under this section, filing statutory documents is mandatory. — The plain language of this section sets out that whenever two or more persons wish to form an association for the limited purpose described therein without incorporating or maintaining title to its property in trust, then those persons may do so by filing statutory documents with the county clerk. For those intending to create an association under this section, the filing of statutory documents is mandatory. Blue Canyon Well Ass'n v. Jevne, 2018-NMCA-004.

Plaintiffs lacked the legal capacity to sue. — Where parties to a well sharing and easement agreement brought suit against defendant for past due water well expenses, but failed to satisfy the requirements of this section by filing the statutory documents to form an unincorporated association, plaintiffs were unavailing of the rights conferred by this section, including the right to sue granted by 53-10-5 NMSA 1978, and therefore the district court erred in entering judgment in favor of plaintiffs. Blue Canyon Well Ass'n v. Jevne, 2018-NMCA-004.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Associations and Clubs § 7.

Club as inn or hotel, 19 A.L.R. 517, 53 A.L.R. 988.

Club, definition, 80 A.L.R. 1296, 143 A.L.R. 1381.

Solicitation of persons to join organization or society, or to pay membership fees or dues, validity, construction and application of statute or ordinance regarding, 167 A.L.R. 697.

Notice of meeting of voluntary association, 167 A.L.R. 1233.

Suspension or expulsion from professional association and the remedies therefor, 20 A.L.R.2d 531.

Liability of bailee for hire of automobile for loss of, or damage to, contents, 27 A.L.R.2d 796.

7 C.J.S. Associations § 3.

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