If an association fails to make a report within the required period of sixty days, the public regulation commission [secretary of state] shall, within sixty days from the expiration of the period, send the association a registered letter, directed to its principal office, stating the delinquency and its consequences. If the association fails to file the report within sixty days from the mailing of such notice, the commission [secretary of state] shall notify it by registered letter that its corporate rights stand forfeited, shall remove its name from its list of live corporations and notify the attorney general, who shall cause its affairs to be wound up. If, within sixty days from such forfeiture, the association files the report and pays a penalty of ten dollars ($10.00) and all actual expenses of any suit begun to wind it up, the commission [secretary of state] shall set aside the forfeiture, the suit shall be dismissed and the association shall be reinstated to its former rights and legal status.
History: Laws 1939, ch. 164, § 35; 1941 Comp., § 54-1435; 1953 Comp., § 51-15-35; 2001, ch. 200, § 19.
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.
The 2001 amendment, effective July 1, 2001, substituted "public regulation commission" for "state corporation commission of New Mexico"; and substituted "commission" for "state corporation commission" and "corporation commission".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 22; 19 Am. Jur. 2d Corporations §§ 2734, 2740, 2741, 2746, 2788 to 2805, 2807 to 2810.
19 C.J.S. Corporations § 542.
Structure New Mexico Statutes
Article 4 - Cooperative Associations
Section 53-4-1.1 - Short title.
Section 53-4-2 - Who may incorporate.
Section 53-4-5 - Articles of incorporation; contents.
Section 53-4-6 - Articles of incorporation; filing; recordation; fees.
Section 53-4-6.1 - Registered office and registered agent.
Section 53-4-6.2 - Change of registered office or registered agent.
Section 53-4-6.3 - Service of process on association.
Section 53-4-6.4 - Recompiled.
Section 53-4-7 - Articles of incorporation; amendments; fee.
Section 53-4-8 - Adoption, amendment, or repeal of by-laws [bylaws].
Section 53-4-9 - Contents of by-laws [bylaws].
Section 53-4-9.1 - Indemnification of officers and directors.
Section 53-4-10 - Regular and special meetings.
Section 53-4-11 - Notice of meeting.
Section 53-4-12 - Meetings by units of the membership.
Section 53-4-13 - One member - one vote.
Section 53-4-15 - Voting by mail.
Section 53-4-16 - Application of voting provisions herein to voting by mail.
Section 53-4-17 - Application of voting provisions herein to voting by delegates.
Section 53-4-18.1 - Duties of directors.
Section 53-4-18.2 - Liability of directors.
Section 53-4-20 - Removal of directors and officers.
Section 53-4-21.1 - Disposition of property.
Section 53-4-22 - Limitations on interest-dividends.
Section 53-4-23 - Eligibility and admission to membership.
Section 53-4-24 - Subscribers.
Section 53-4-25 - Share and membership certificates; issuance and contents.
Section 53-4-26 - Transfer of shares and membership; withdrawal.
Section 53-4-27 - Share and membership certificates; recall.
Section 53-4-28 - Share and membership certificates; attachment.
Section 53-4-29 - Liability of members.
Section 53-4-31 - Allocation and distribution of net savings.
Section 53-4-33 - Books; auditing.
Section 53-4-34 - Annual report.
Section 53-4-35 - Notice of delinquent reports; forfeitures; reinstatement.
Section 53-4-36 - Voluntary dissolution.
Section 53-4-37 - Use of name "cooperative"; penalty.
Section 53-4-38 - Promotion expenses; limitations; penalty.
Section 53-4-39 - Spreading false reports; penalty.
Section 53-4-40 - Existing cooperative corporations.
Section 53-4-41 - Foreign corporations.
Section 53-4-42 - Legality declared; not in restraint of trade.
Section 53-4-43 - Laws not applicable.