Every action for the involuntary dissolution of a corporation shall be commenced by the attorney general in the district court of Santa Fe county. Summons shall issue and be served as in other civil actions. If process is returned not found, the attorney general shall cause publication to be made as in other civil cases in some newspaper published in the county where the registered office of the corporation is situated, containing a notice of the pendency of the action, the title of the court, the title of the action and the date on or after which default may be entered. The attorney general may include in one notice the names of any number of corporations against which actions are then pending in the same court. The attorney general shall cause a copy of the notice to be mailed to the corporation at its registered office within ten days after the first publication thereof. The certificate of the attorney general of the mailing of the notice is prima facie evidence thereof. The notice shall be published at least once each week for two successive weeks, and the first publication thereof may begin at any time after the summons has been returned. Unless a corporation has been served with summons, no default shall be taken against it earlier than thirty days after the first publication of the notice.
History: 1953 Comp., § 51-29-15, enacted by Laws 1967, ch. 81, § 93.
Compiler's notes. — This section is derived from Section 96 of the ABA Model Business Corporation Act.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 19 C.J.S. Corporations § 841.
Structure 2021 New Mexico Statutes
Article 16 - Business Corporations; Dissolution of Corporations
Section 53-16-1 - Voluntary dissolution by incorporators.
Section 53-16-2 - Voluntary dissolution by consent of shareholders.
Section 53-16-3 - Voluntary dissolution by act of corporation.
Section 53-16-4 - Filing statement of intent to dissolve.
Section 53-16-5 - Effect of statement of intent to dissolve.
Section 53-16-6 - Procedure after filing of statement of intent to dissolve.
Section 53-16-7 - Revocation of voluntary dissolution proceedings by consent of shareholders.
Section 53-16-8 - Revocation of voluntary dissolution proceedings by act of corporation.
Section 53-16-9 - Filing statement of revocation of voluntary dissolution proceedings.
Section 53-16-10 - Effect of statement of revocation of voluntary dissolution proceedings.
Section 53-16-11 - Articles of dissolution.
Section 53-16-12 - Filing of articles of dissolution.
Section 53-16-13 - Involuntary dissolution.
Section 53-16-14 - Notification to attorney general.
Section 53-16-15 - Venue and process.
Section 53-16-16 - Jurisdiction of court to liquidate assets and business of corporation.
Section 53-16-17 - Procedure in liquidation of corporation by court.
Section 53-16-18 - Qualifications of receivers.
Section 53-16-19 - Filing of claims in liquidation proceedings.
Section 53-16-20 - Discontinuance of liquidation proceedings.
Section 53-16-21 - Decree of involuntary dissolution.
Section 53-16-22 - Filing of decree of dissolution.
Section 53-16-23 - Deposit with state treasurer of amount due certain shareholders.