2021 New Mexico Statutes
Chapter 53 - Corporations
Article 8 - Nonprofit Corporations
Section 53-8-83 - Filing of annual report; initial report; supplemental report; extension of time.

Universal Citation: NM Stat § 53-8-83 (2021)

A. The annual report of a domestic or foreign corporation shall be delivered to the secretary of state on or before the fifteenth day of the fifth month following the end of its taxable year, except that the first annual report of a domestic or foreign corporation shall be filed within thirty days after the date on which its certificate of incorporation or its certificate of authority was issued by the secretary.

B. A supplemental report shall be filed with the secretary of state within thirty days if, after the filing of the annual report required under the Nonprofit Corporation Act, a change is made in:

(1) the name of the corporation;

(2) the mailing address, street address or the geographical location of the corporation's registered office in New Mexico and the name of the agent upon whom process against the corporation may be served;

(3) the name or address of any of the directors or officers of the corporation or the date when the term of office of each expires, in which case the names, addresses and dates of term expiration of every director and officer shall be reported; or

(4) the corporation's principal place of business within or without New Mexico.

C. Proof to the satisfaction of the secretary of state that, prior to the due date of any report required by Subsection A or B of this section, the report was deposited in the United States mail in a sealed envelope, properly addressed, with postage prepaid, shall be deemed compliance with the requirements of this section. If the secretary finds that the report conforms to the requirements of the Nonprofit Corporation Act, the secretary shall file the same. If the secretary finds that it does not so conform, the secretary shall promptly return the report to the corporation for any necessary corrections, in which event the penalties prescribed for failure to file the report within the time provided shall not apply, if the report is corrected to conform to the requirements of the Nonprofit Corporation Act and returned to the secretary within thirty days after the date on which it was mailed to the corporation by the secretary.

D. Upon application by a corporation and for good cause shown, the secretary of state may extend, for no more than a total of twelve months, the date on which a return required by the provisions of the Nonprofit Corporation Act must be filed or the date on which the payment of any fee is required, but no extension shall prevent the accrual of interest as otherwise provided by law. The secretary shall, when an extension of time has been granted a nonprofit corporation under the federal Internal Revenue Code of 1986 for the time in which to file a return, grant the corporation the same extension of time to file the required return and to pay the required fees if a copy of the approved federal extension of time is provided to the secretary for filing prior to the filing of the corporation's report. An extension shall not prevent the accrual of interest as otherwise provided by law.

E. Nothing in this section prevents the collection of a fee or penalty due upon the failure of any corporation to submit the required report.

F. No annual or supplemental report required to be filed pursuant to the provisions of this section shall be deemed to have been filed if the fees accompanying the report have been paid by check and the check is dishonored upon presentation.

History: 1953 Comp., § 51-14-125, enacted by Laws 1975, ch. 217, § 83; 1979, ch. 180, § 2; 1989, ch. 294, § 4; 2001, ch. 200, § 39; 2015, ch. 66, § 7.

ANNOTATIONS

Cross references. — For the United States Internal Revenue Code of 1986, see 26 U.S.C. § 1 et seq.

The 2015 amendment, effective July 1, 2015, required corporations to file their annual report with the secretary of state; in Subsection A, after "delivered to the", deleted "commission" and added "secretary of state", and after "issued by the", deleted "commission" and added "secretary"; in the introductory sentence of Subsection B, after "filed with the", deleted "commission" and added "secretary of state"; in Paragraph (2) of Subsection B, after "registered office in", deleted "this state" and added "New Mexico"; in Paragraph (3) of Subsection B, after "expires,", added "in which case the names, addresses and dates of term expiration of every director and officer shall be reported"; in Paragraph (4) of Subsection B, after "without", deleted "the state" and added "New Mexico"; in Subsection C, after "satisfaction of the", deleted "commission" and added "secretary of state", after "If the", deleted "commission" and added "secretary of state", after "Corporation Act", deleted "it" and added "the secretary", after "If the", deleted "commission" and added "secretary", after "conform,", deleted "it" and added "the secretary", after "returned to the", deleted "commission" and added "secretary", and after "thirty days", deleted "from" and added "after"; in Subsection D, after "good cause shown, the", deleted "commission" and added "secretary of state", after "The", deleted "commission" and added "secretary", after "corporation under the", deleted "United States" and added "federal", and after "extension of time is", deleted "attached to the" and added "provided to the secretary for filing prior to the filing of the"; and in Subsection F, after "required to be filed", deleted "under" and added "pursuant to the provisions of".

The 2001 amendment, effective July 1, 2001, in Subsection A, deleted "corporation" preceding "commission" in two places; substituted "the corporation's principal place" for "the character of its business and its principal place"; substituted "by a corporation" for "by the nonprofit corporation" at the beginning of Subsection D; and substituted "of a fee or penalty due" for "any fee, penalty or interest due" in Subsection E.

The 1989 amendment, effective January 1, 1990, in Subsection A, substituted "fifth month" for "third month" near the beginning and, in Subsection B(2), deleted "the description of" following "street address or" near the beginning.

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