A. The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to the Rural Electric Cooperative Act, shall be signed and acknowledged by each of the incorporators and shall state:
(1) the name of the cooperative;
(2) the address of its principal office;
(3) the names and addresses of the incorporators;
(4) the names and addresses of the persons who constitute its first board of trustees; and
(5) any provisions not inconsistent with the Rural Electric Cooperative Act deemed necessary or advisable for the conduct of its business and affairs.
B. The articles of incorporation shall be submitted to the secretary of state for filing as provided in the Rural Electric Cooperative Act.
C. It shall not be necessary to set forth in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate powers vested in a cooperative under the Rural Electric Cooperative Act.
History: Laws 1939, ch. 47, § 6; 1941 Comp., § 48-406; 1953 Comp., § 45-4-6; 2013, ch. 75, § 26.
The 2013 amendment, effective July 1, 2013, required that articles of incorporation of cooperatives be filed with the secretary of state; and in Subsection B, after "submitted to the", deleted "state corporation commission" and added "secretary of state".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 1.
43 C.J.S. Industrial Cooperative Societies § 3.
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.