Articles of incorporation, amendment, consolidation, merger, conversion or dissolution, when executed and acknowledged and accompanied by such affidavits as may be required by applicable provisions of the Rural Electric Cooperative Act, shall be presented to the secretary of state for filing in the records of that office. If the secretary of state finds that the articles presented conform to the requirements of that act, the secretary of state shall, upon the payment of the fees as provided in that act, file the articles in the records of the secretary of state's office, and upon such filing the incorporation, amendment, consolidation, merger, conversion or dissolution provided for in those articles shall be in effect. The secretary of state, immediately upon the filing in the secretary of state's office of any articles pursuant to the Rural Electric Cooperative Act, shall transmit a certified copy of the articles to the county clerk of the county in which the principal office of each cooperative or corporation affected by the incorporation, amendment, consolidation, merger, conversion or dissolution is located. The clerk of any county, upon receipt of any such certified copy, shall file and index it in the records of the clerk's office, but the failure of the secretary of state or of a clerk of a county to comply with the provisions of this section shall not invalidate the articles. The provisions of this section shall apply to certificates of election to dissolve and affidavits of compliance executed pursuant to Paragraph (2) of Subsection B of Section 62-15-18 NMSA 1978.
History: Laws 1939, ch. 47, § 19; 1941 Comp., § 48-419; 1953 Comp., § 45-4-19; 2013, ch. 75, § 32.
The 2013 amendment, effective July 1, 2013, required that articles be filed with the secretary of state; in the first sentence, after "presented to the", deleted "state corporation commission" and added "secretary of state"; in the second sentence, at the beginning of the sentence, deleted "state corporation commission shall find" and added "secretary of state finds", after "requirements of that act", deleted "he" and added "the secretary of state", and after "in the records of", deleted "his" and added "the secretary of state"; and in the third sentence, at the beginning of the sentence, deleted "state corporation commission" and added "secretary of state", after "upon filing in", deleted "his" and added "the secretary of state's"; and in the fourth sentence, after "the failure of the", deleted "state corporation commission" and added "secretary of state".
Structure New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 15 - Rural Electric Cooperatives
Section 62-15-1 - Short title.
Section 62-15-2 - Purpose; definition.
Section 62-15-3.1 - Subsidiary business activities.
Section 62-15-5 - Incorporators.
Section 62-15-6 - Articles of incorporation.
Section 62-15-9 - Board of trustees; suits.
Section 62-15-9.1 - Duties of trustees.
Section 62-15-9.2 - Limitation on liability and indemnification of officers and trustees.
Section 62-15-10 - Voting districts.
Section 62-15-12 - Amendment of articles of incorporation.
Section 62-15-13 - Consolidation.
Section 62-15-15 - Effect of consolidation or merger.
Section 62-15-16 - Conversion of existing corporations.
Section 62-15-17 - Initiative by members.
Section 62-15-18 - Dissolution.
Section 62-15-19 - Filing of articles.
Section 62-15-20 - Refunds to members.
Section 62-15-21 - Disposition of property.
Section 62-15-22 - Nonliability of members for debts of cooperative.
Section 62-15-23 - Recordation of mortgages.
Section 62-15-24 - Waiver of notice.
Section 62-15-25 - Trustees, officers or members; notaries.
Section 62-15-26 - Foreign corporations.
Section 62-15-26.1 - Distribution cooperative utilities organized in other states; application.
Section 62-15-30 - Securities Act exemption.
Section 62-15-31 - "Rural area," "person" and "member" defined.
Section 62-15-32 - Construction of act; inconsistency.
Section 62-15-34 - Renewable portfolio standard.
Section 62-15-35 - Renewable energy certificates; commission duties.
Section 62-15-36 - Renewable energy and conservation fee.
Section 62-15-37 - Definitions; energy efficiency; renewable energy.