2021 New Mexico Statutes
Article 4 - Cooperative Associations
Section 53-4-1 - Definitions.

Unless the subject matter or context requires otherwise, wherever used herein [Chapter 53, Article 4 NMSA 1978]:
A. "association" means a group enterprise legally incorporated hereunder, and shall be deemed to be a nonprofit corporation;
B. "member" means not only a member in a nonshare association but also a member in a share association;
C. "net savings" means the total income of an association minus the costs of operation;
D. "interest-dividends" means the return on share or membership capital which is limited in accordance with the provisions of Section 22 [53-4-22 NMSA 1978] herein;
E. "savings returns" means the amount returned to the patrons in proportion to their patronage in accordance with the provisions of Section 31 [53-4-31 NMSA 1978] herein;
F. "cooperative basis" as applied to any incorporated or unincorporated group not organized hereunder means:
(1) that each member has one vote and only one vote except as may be altered in the articles or by-laws [bylaws] by provision for voting by member organizations;
(2) that the maximum rate at which any return is paid on share or membership capital is limited;
(3) that the allocation or distribution of net savings after payment, if any, of said limited return on capital and after making provision for such separate funds as may be required or specially permitted by statute, articles or by-laws [bylaws], is made to member patrons, or to all patrons, in proportion to their partonage [patronage].
History: Laws 1939, ch. 164, § 1; 1941 Comp., § 54-1401; 1953 Comp., § 51-15-1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For Uniform Unclaimed Property Act, see Chapter 7, Article 8A NMSA 1978.
For rural electric cooperatives, see 62-15-1 NMSA 1978 et seq.
For cooperative marketing associations of agricultural producers, see 76-12-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 5.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 53 - Corporations

Article 4 - Cooperative Associations

Section 53-4-1 - Definitions.

Section 53-4-1.1 - Short title.

Section 53-4-2 - Who may incorporate.

Section 53-4-3 - Purposes.

Section 53-4-4 - Powers.

Section 53-4-5 - Articles of incorporation; contents.

Section 53-4-6 - Articles of incorporation; filing; recordation; fees.

Section 53-4-6.1 - Registered office and registered agent.

Section 53-4-6.2 - Change of registered office or registered agent.

Section 53-4-6.3 - Service of process on association.

Section 53-4-6.4 - Recompiled.

Section 53-4-7 - Articles of incorporation; amendments; fee.

Section 53-4-8 - Adoption, amendment, or repeal of by-laws [bylaws].

Section 53-4-9 - Contents of by-laws [bylaws].

Section 53-4-9.1 - Indemnification of officers and directors.

Section 53-4-10 - Regular and special meetings.

Section 53-4-11 - Notice of meeting.

Section 53-4-12 - Meetings by units of the membership.

Section 53-4-13 - One member - one vote.

Section 53-4-14 - No proxy.

Section 53-4-15 - Voting by mail.

Section 53-4-16 - Application of voting provisions herein to voting by mail.

Section 53-4-17 - Application of voting provisions herein to voting by delegates.

Section 53-4-18 - Directors.

Section 53-4-18.1 - Duties of directors.

Section 53-4-18.2 - Liability of directors.

Section 53-4-18.3 - Repealed.

Section 53-4-19 - Officers.

Section 53-4-20 - Removal of directors and officers.

Section 53-4-21 - Referendum.

Section 53-4-21.1 - Disposition of property.

Section 53-4-22 - Limitations on interest-dividends.

Section 53-4-23 - Eligibility and admission to membership.

Section 53-4-24 - Subscribers.

Section 53-4-25 - Share and membership certificates; issuance and contents.

Section 53-4-26 - Transfer of shares and membership; withdrawal.

Section 53-4-27 - Share and membership certificates; recall.

Section 53-4-28 - Share and membership certificates; attachment.

Section 53-4-29 - Liability of members.

Section 53-4-30 - Expulsion.

Section 53-4-31 - Allocation and distribution of net savings.

Section 53-4-32 - Bonding.

Section 53-4-33 - Books; auditing.

Section 53-4-34 - Annual report.

Section 53-4-35 - Notice of delinquent reports; forfeitures; reinstatement.

Section 53-4-36 - Voluntary dissolution.

Section 53-4-37 - Use of name "cooperative"; penalty.

Section 53-4-38 - Promotion expenses; limitations; penalty.

Section 53-4-39 - Spreading false reports; penalty.

Section 53-4-40 - Existing cooperative corporations.

Section 53-4-41 - Foreign corporations.

Section 53-4-42 - Legality declared; not in restraint of trade.

Section 53-4-43 - Laws not applicable.

Section 53-4-44 - Subsequent laws.

Section 53-4-45 - Taxation.