2020 New Mexico Statutes
Chapter 53 - Corporations
Article 2 - Fees and Miscellaneous Corporation Law
Section 53-2-10 - Private remedy.
A. Any person who suffers any loss of money or property as a result of being designated a director of a corporation without giving his consent may bring an action against the designating corporation to recover actual damages or one thousand dollars ($1,000), whichever is greater.
B. The court may award attorneys' fees and costs to the party injured as a result of the director designation if he prevails. The court may award attorneys' fees to the corporation charged if the court finds that the action brought against the corporation was groundless.
C. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.
History: Laws 1991, ch. 170, § 1; 1993, ch. 318, § 5.
ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "giving his consent" for "his express written consent" in Subsection A.
