New Mexico Statutes
Article 16 - Business Corporations; Dissolution of Corporations
Section 53-16-5 - Effect of statement of intent to dissolve.

Upon the filing by the commission [secretary of state] of a statement of intent to dissolve, whether by consent of shareholders or by act of the corporation, the corporation shall cease to carry on its business, except insofar as necessary for the winding up thereof, but its corporate existence shall continue until a certificate of dissolution has been issued by the commission [secretary of state] or until a decree dissolving the corporation has been entered by a court of competent jurisdiction as provided in the Business Corporation Act.
History: 1953 Comp., § 51-29-5, enacted by Laws 1967, ch. 81, § 83.
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 86 of the ABA Model Business Corporation Act.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 19 Am. Jur. 2d Corporations § 2834, 2880 to 2883.
Conduct of affairs of corporation after its dissolution or expiration or forfeiture of its charter, 47 A.L.R. 1288, 97 A.L.R. 477.
Stockholders' rights to patent, copyright, or trademark owned by corporation on dissolution thereof, 30 A.L.R.2d 938.
Maintainability of criminal proceedings against dissolved corporation, 40 A.L.R.2d 1396.
Service of process upon dissolved domestic corporation in absence of express statutory direction, 75 A.L.R.2d 1399.
Availability of and time for bringing action against former director, officer, or stockholder in dissolved corporation for personal injuries incurred after final dissolution, 20 A.L.R.4th 414.
Liability of dissolved corporation or corporation that forfeited charter in action pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)(42 USCS §§ 9601-9675), 123 A.L.R. Fed. 461.
19 C.J.S. Corporations § 814.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 53 - Corporations

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.

Section 53-16-24 - Survival of remedy after dissolution.