2020 New Mexico Statutes
Chapter 53 - Corporations
Article 16 - Business Corporations; Dissolution of Corporations
Section 53-16-4 - Filing statement of intent to dissolve.

An original and a copy, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original, of the statement of intent to dissolve, whether by consent of shareholders or by act of the corporation, shall be delivered to the commission [secretary of state]. If the commission [secretary of state] finds that the statement conforms to law, it shall:

A. endorse on the original and copy the word "filed" and the month, day and year of the filing;

B. file the original in its office; and

C. return the copy to the corporation or its representative.

History: 1953 Comp., § 51-29-4, enacted by Laws 1967, ch. 81, § 82; 1983, ch. 31, § 1; 2003, ch. 318, § 39.

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

Laws 2013, ch. 75, § 9 provided that as of July 1, 2013, the secretary of state, pursuant to N.M. const., Art. 11, § 19, shall assume responsibility for chartering corporations as provided by law, including the performance of the functions of the former corporations bureau of the public regulation commission, and that except for Subsection D of 53-5-8 NMSA 1978, references to the "public regulation commission", "state corporation commission" or "commission" shall be construed to be references to the secretary of state. See 8-4-7 NMSA 1978.

Compiler's notes. — This section is derived from Section 85 of the ABA Model Business Corporation Act.

The 2003 amendment, effective July 1, 2003, substituted "An original and a copy, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original" for "Duplicate originals" at the beginning of the introductory paragraph; substituted "the original and copy" for "each of the duplicate originals" in Subsection A; substituted "the original" for "one of the duplicate originals" in Subsection B; substituted "copy" for "other duplicate original" in Subsection C.

The 1983 amendment, effective June 17, 1983, deleted "when all fees and franchise taxes have been paid" at the end of the second sentence in the introductory language.