An original and a copy, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original, of the statement of intent to dissolve, whether by consent of shareholders or by act of the corporation, shall be delivered to the commission [secretary of state]. If the commission [secretary of state] finds that the statement conforms to law, it shall:
A. endorse on the original and copy the word "filed" and the month, day and year of the filing;
B. file the original in its office; and
C. return the copy to the corporation or its representative.
History: 1953 Comp., § 51-29-4, enacted by Laws 1967, ch. 81, § 82; 1983, ch. 31, § 1; 2003, ch. 318, § 39.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2013, ch. 75, § 9 provided that as of July 1, 2013, the secretary of state, pursuant to N.M. const., Art. 11, § 19, shall assume responsibility for chartering corporations as provided by law, including the performance of the functions of the former corporations bureau of the public regulation commission, and that except for Subsection D of 53-5-8 NMSA 1978, references to the "public regulation commission", "state corporation commission" or "commission" shall be construed to be references to the secretary of state. See 8-4-7 NMSA 1978.
Compiler's notes. — This section is derived from Section 85 of the ABA Model Business Corporation Act.
The 2003 amendment, effective July 1, 2003, substituted "An original and a copy, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original" for "Duplicate originals" at the beginning of the introductory paragraph; substituted "the original and copy" for "each of the duplicate originals" in Subsection A; substituted "the original" for "one of the duplicate originals" in Subsection B; substituted "copy" for "other duplicate original" in Subsection C.
The 1983 amendment, effective June 17, 1983, deleted "when all fees and franchise taxes have been paid" at the end of the second sentence in the introductory language.
Structure 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.