The secretary of state shall charge and collect for:
A. filing articles of incorporation and issuing a certificate of incorporation, twenty-five dollars ($25.00);
B. filing articles of amendment and issuing a certificate of amendment, twenty dollars ($20.00);
C. filing restated articles of incorporation and issuing a restated certificate of incorporation, twenty dollars ($20.00);
D. filing articles of merger or consolidation and issuing a certificate of merger or consolidation, twenty dollars ($20.00);
E. filing a statement of change of address of registered office or change of registered agent, or both, ten dollars ($10.00);
F. filing an agent's statement of change of address of registered agent, ten dollars ($10.00);
G. filing articles of dissolution, ten dollars ($10.00);
H. filing an application of a foreign corporation for a certificate of authority to conduct affairs in New Mexico and issuing a certificate of authority, twenty-five dollars ($25.00);
I. filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in New Mexico and issuing an amended certificate of authority, twenty dollars ($20.00);
J. filing an application to reserve a corporation name or filing a notice to transfer of a reserved corporate name, ten dollars ($10.00);
K. filing a copy of articles of merger of a foreign corporation holding a certificate of authority to conduct affairs in New Mexico, twenty-five dollars ($25.00);
L. filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, ten dollars ($10.00);
M. filing any other statement or report, including an annual report, of a domestic or foreign corporation, ten dollars ($10.00);
N. issuing a certificate of good standing and compliance, ten dollars ($10.00); and
O. issuing a letter or reinstatement of a domestic or foreign corporation, twenty-five dollars ($25.00).
History: 1953 Comp., § 51-14-127, enacted by Laws 1975, ch. 217, § 85; 1977, ch. 178, § 14; 1983, ch. 304, § 17; 1988, ch. 93, § 2; 1993, ch. 311, § 8; 2003, ch. 318, § 29; 2015, ch. 66, § 8.
The 2015 amendment, effective July 1, 2015, authorized the secretary of state to charge and collect fees for the filing of corporate documents; in the introductory sentence of the section, deleted "pubic regulation commission" and added "secretary of state"; in Subsection F, after "registered agent", deleted "for each affected corporation"; and in Subsection O, after "corporation", deleted "a fee of".
The 2003 amendment, effective July 1, 2003, substituted "public regulation" for "corporation" in the introductory paragraph; inserted present Subsection F and redesignated former Subsections F to N as Subsections G to O.
The 1993 amendment, effective July 1, 1993, substituted "twenty-five dollars ($25.00)" for "ten dollars ($10.00)" in Subsections A and G; substituted "twenty dollars ($20.00)" for "five dollars ($5.00)" in Subsections B, C, and D; substituted "ten dollars ($10.00)" for "one dollar ($1.00)" in Subsection E; substituted "ten dollars ($10.00)" for "five dollars ($5.00)" in Subsections F, I, and K; substituted "twenty dollars ($20.00)" for "five dollars ($5.00)" in Subsection H; substituted "twenty-five ($25.00)" for "five dollars ($5.00)" in Subsection J; substituted "ten dollars ($10.00)" for "one dollar ($1.00)" in Subsection L; substituted "ten dollars ($10.00); and" for "two dollars ($2.00)" in Subsection M; and added Subsection N.
The 1988 amendment, effective May 18, 1988, deleted Subsection N which read "reviewing documents and reports to be delivered to the corporation commission, and indicating approval thereof before delivery to the corporation commission, fifty dollars ($50.00)."
The 1983 amendment, effective June 17, 1983, substituted present Subsection I for former Subsection I, which read: "filing a copy of an amendment to the articles of incorporation of a foreign corporation holding a certificate of authority to conduct affairs in New Mexico, five dollars ($5.00)" and added Subsection N.
Structure 2021 New Mexico Statutes
Article 8 - Nonprofit Corporations
Section 53-8-3 - Applicability.
Section 53-8-5 - General powers.
Section 53-8-6 - Defense of ultra vires.
Section 53-8-7 - Corporate name.
Section 53-8-8 - Registered office and registered agent.
Section 53-8-9 - Change of registered office or registered agent.
Section 53-8-10 - Service of process on corporation.
Section 53-8-13 - Meetings of members.
Section 53-8-14 - Notice of members' meetings; waiver.
Section 53-8-17 - Board of directors.
Section 53-8-18 - Number and election of directors.
Section 53-8-20 - Quorum of directors.
Section 53-8-22 - Directors' meetings.
Section 53-8-24 - Removal of officers.
Section 53-8-25.1 - Duties of directors.
Section 53-8-25.2 - Liability of directors.
Section 53-8-25.3 - Nonprofit corporations; boards of directors; liability; immunity.
Section 53-8-26 - Indemnification of officers and directors.
Section 53-8-27 - Books and records.
Section 53-8-28 - Shares of stock and dividends prohibited; exemption from franchise tax.
Section 53-8-29 - Loans to directors and officers.
Section 53-8-30 - Incorporators.
Section 53-8-31 - Articles of incorporation.
Section 53-8-32 - Filing of articles of incorporation.
Section 53-8-33 - Effect of incorporation.
Section 53-8-34 - Organization meetings.
Section 53-8-35 - Right to amend articles of incorporation.
Section 53-8-36 - Procedure to amend articles of incorporation.
Section 53-8-37 - Articles of amendment.
Section 53-8-38 - Effectiveness of amendment.
Section 53-8-39 - Restated articles of incorporation.
Section 53-8-40 - Procedure for merger.
Section 53-8-41 - Procedure for consolidation.
Section 53-8-42 - Adoption of merger or consolidation.
Section 53-8-43 - Articles of merger or consolidation.
Section 53-8-44 - Effect of merger or consolidation.
Section 53-8-45 - Merger or consolidation of domestic and foreign corporations.
Section 53-8-46 - Sale, lease, exchange or mortgage of assets.
Section 53-8-47 - Voluntary dissolution.
Section 53-8-48 - Distribution of assets.
Section 53-8-49 - Plan of distribution.
Section 53-8-50 - Revocation of voluntary dissolution proceedings.
Section 53-8-51 - Articles of dissolution.
Section 53-8-52 - Filing of articles of dissolution.
Section 53-8-53 - Revocation of certificate of incorporation.
Section 53-8-54 - Issuance of certificate of revocation.
Section 53-8-55 - Jurisdiction of court to liquidate assets and affairs of corporation.
Section 53-8-56 - Procedure in liquidation of corporation by court.
Section 53-8-57 - Qualification of receivers.
Section 53-8-58 - Filing of claims in liquidation proceedings.
Section 53-8-59 - Discontinuance of liquidation proceedings.
Section 53-8-60 - Decree of involuntary dissolution.
Section 53-8-61 - Filing of decree of dissolution.
Section 53-8-62 - Deposits with state treasurer.
Section 53-8-63 - Survival of remedy after dissolution.
Section 53-8-64 - Admission of foreign corporation.
Section 53-8-65 - Powers of foreign corporation.
Section 53-8-66 - Corporate name of foreign corporation.
Section 53-8-67 - Change of name by foreign corporation.
Section 53-8-68 - Application for certificate of authority.
Section 53-8-69 - Filing of application for certificate of authority.
Section 53-8-70 - Effect of [certificate of] authority.
Section 53-8-71 - Registered office and registered agent of foreign corporation.
Section 53-8-72 - Change of registered office or registered agent of foreign corporation.
Section 53-8-73 - Service of process on foreign corporation.
Section 53-8-75 - Merger of foreign corporation authorized to conduct affairs in this state.
Section 53-8-76 - Amended certificate of authority.
Section 53-8-77 - Withdrawal of foreign corporation.
Section 53-8-78 - Filing of application for withdrawal.
Section 53-8-79 - Revocation of certificate of authority.
Section 53-8-80 - Issuance of certificate of revocation.
Section 53-8-81 - Conducting affairs without certificate of authority.
Section 53-8-82 - Annual report.
Section 53-8-83 - Filing of annual report; initial report; supplemental report; extension of time.
Section 53-8-85 - Fees for filing documents and issuing certificates.
Section 53-8-86 - Recordkeeping.
Section 53-8-87 - Miscellaneous charges.
Section 53-8-88 - Penalty imposed upon corporation.
Section 53-8-88.1 - Dormant corporations; statement in lieu of annual report.
Section 53-8-89 - Reports; affirmation; penalty.
Section 53-8-90 - Authority to make refunds.
Section 53-8-91 - Appeal from commission [secretary of state].
Section 53-8-92 - Issuance of certificate of good standing and compliance.
Section 53-8-93 - Certificates and certified copies to be received in evidence.
Section 53-8-94 - Forms to be furnished by corporation commission [secretary of state].
Section 53-8-95 - Greater voting requirements.
Section 53-8-96 - Waiver of notice.
Section 53-8-97 - Action by members or directors without a meeting.
Section 53-8-98 - Unauthorized assumption of corporate powers.