A duly certified copy of the articles of incorporation executed by the secretary of state shall be filed in the office of the county clerk of each county through or into which any canal, ditch or pipeline may run or any reservoir may be established or in which the company may desire to transact business. Duly certified copies of the articles of incorporation shall be given by the secretary of state or county clerks, on the payment of the fees allowed by law, and shall be received as evidence in any of the courts of this state.
History: Laws 1887, ch. 12, § 3; C.L. 1897, § 470; Code 1915, § 1028; C.S. 1929, § 32-408; 1941 Comp., § 72-203; 1953 Comp., § 68-2-3; 2013, ch. 75, § 24.
Compiler's notes. — Sections 62-2-1 to 62-2-22 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 2 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
The 2013 amendment, effective July 1, 2013, required that the secretary of state certify articles of incorporation; added the title of the section; in the first sentence, after "certified copy of the articles", added "of incorporation" and after "executed by", deleted "state corporation commission" and added "secretary of state"; and in the second sentence, after "copies of the articles", added "of incorporation" and after "shall be given by", deleted "said commission" and added "the secretary of state".
Structure New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 2 - Incorporation and Powers of Waterworks
Section 62-2-1 - Companies for supplying water; articles of incorporation.
Section 62-2-2 - [Contents of articles of incorporation.]
Section 62-2-3 - Filing of articles; certified copies.
Section 62-2-4 - [General powers.]
Section 62-2-5 - [Additional powers.]
Section 62-2-6 - [Directors; qualifications; election.]
Section 62-2-7 - [Quorum in directors' meeting.]
Section 62-2-8 - [Meetings of directors.]
Section 62-2-9 - [Transfer of shares.]
Section 62-2-10 - [Subscriptions to stock; payment; notice of assessment; sale of stock.]
Section 62-2-11 - [Increase or decrease of capital stock.]
Section 62-2-12 - [Commencement of business within one year.]
Section 62-2-13 - [Voluntary dissolution.]
Section 62-2-14 - [Powers of directors after dissolution.]
Section 62-2-15 - [Borrowing money; bonds; mortgages.]
Section 62-2-16 - Eminent domain.
Section 62-2-17 - [Construction of works; eminent domain.]
Section 62-2-18 - Acquiring land of minors and incapacitated persons.
Section 62-2-19 - [Use of materials on state lands.]
Section 62-2-20 - [Corporations for serving cities and towns; rights and privileges.]
Section 62-2-21 - [Corporations for serving cities and towns; laying mains in streets; service.]
Section 62-2-22 - [Irrigation companies; restrictions on use of water.]