Any action required by the Business Corporation Act to be taken at a meeting of the shareholders of a corporation, or any action which may be taken at a meeting of the shareholders, may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all of the shareholders entitled to vote with respect to the subject matter thereof. Such consent has the same effect as a unanimous vote of shareholders, and may be stated as such in any articles or document filed with the commission [secretary of state] under the Business Corporation Act.
History: 1953 Comp., § 51-31-7, enacted by Laws 1967, ch. 81, § 128.
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 145 of the ABA Model Business Corporation Act.
Structure New Mexico Statutes
Article 18 - Business Corporations; Miscellaneous Provisions
Section 53-18-1 - Powers of commission [secretary of state].
Section 53-18-2 - Appeal from commission [secretary of state].
Section 53-18-3 - Issuance of certificate of good standing and compliance.
Section 53-18-4 - Certificates and certified copies to be received in evidence.
Section 53-18-5 - Forms to be furnished by commission [secretary of state].
Section 53-18-6 - Greater voting requirements.
Section 53-18-6.1 - Voting requirements; existing corporations.
Section 53-18-7 - Waiver of notice.
Section 53-18-8 - Action by shareholders without a meeting.
Section 53-18-9 - Unauthorized assumption of corporate powers.
Section 53-18-10 - Application to existing corporations.
Section 53-18-11 - Application to foreign and interstate commerce.