A. In addition to any penalties, fees or costs incurred pursuant to the provisions of Section 53-2-3 NMSA 1978, any person who pays a fee, tax, penalty or interest by check to the secretary of state and which check is dishonored upon presentation is liable to the secretary for such fee, tax, penalty or interest, together with a civil penalty of twenty dollars ($20.00) for each such check.
B. The secretary of state shall not accept for filing any document, instrument or paper from a person that is liable to the secretary for a fee, tax, penalty, interest or civil penalty until the liability is discharged.
History: 1978 Comp., § 53-2-3.1, enacted by Laws 1979, ch. 179, § 1; 1993, ch. 311, § 2; 2015, ch. 66, § 3.
The 2015 amendment, effective July 1, 2015, authorized the secretary of state to suspend filing privileges for any person that is liable to the secretary of state for a fee until the liability is discharged; in the catchline, changed "state corporation commission" to "secretary of state", and added "suspension of future filings"; designated the existing language in the section as Subsection A; in Subsection A, after "costs", deleted "under" and added "incurred pursuant to the provisions of", after "check to the", changed "state corporation commission" to "secretary of state", and after "liable to the", deleted "commission" and added "secretary"; and added Subsection B.
The 1993 amendment, effective July 1, 1993, substituted "twenty dollars ($20.00)" for "ten dollars ($10.00)".
Structure New Mexico Statutes
Article 2 - Fees and Miscellaneous Corporation Law
Section 53-2-1 - Fees of secretary of state.
Section 53-2-2 - Authority to make refunds.
Section 53-2-3 - Disposition of fees.
Section 53-2-4 - Corporations; compilation.
Section 53-2-5 - [Mutual associations; creation of capital stock.]
Section 53-2-7 - Amendments by corporations formed under other acts.
Section 53-2-8 - No stockholder's liability; separate class of corporation.
Section 53-2-9 - Validation of unsealed instruments.