When shares of stock are owned by persons residing out of the state, the president, secretary or directors of the corporation, before entering any transfer thereof on the books, or issuing a certificate therefor to the transferee, may require from the attorney or agent of the nonresident owner, or from the person claiming under the transfer, an affidavit or other evidence that the nonresident owner was alive at the date of the transfer, and that his signature to the transfer is genuine; and if such affidavit or other satisfactory evidence be not furnished, may require from the attorney, agent or claimant, a bond of indemnity with two sureties, satisfactory to the board of directors; or if not so satisfactory, then one approved by a district or county judge of the county in which the principal office of the corporation is situated, conditioned to protect and indemnify the corporation against any liability to the nonresident owner or his or her legal representatives, in case of his or her death before the transfer, and if such affidavit or other evidence, or bond, be not furnished when required as herein provided, neither the corporation, nor any officer thereof, shall be liable for refusing to enter the transfer on the books of the corporation.
No person holding stock as executor, guardian or trustee, or holding it as collateral security or in pledge, shall be personally subject to any liability as a stockholder of the company; but the person pledging the stock shall be considered as holding the same and shall be liable as a stockholder accordingly; and the estate and funds in the hands of the executor, administrator, guardian or trustee, shall be liable in like manner to the same extent as testator or intestate, or as the ward or person interested in the trust fund would have been if he had been living and competent to act and hold the stock in his own name.
History: Laws 1878, ch. 1, ch. [tit.] 4, § 4; C.L. 1884, § 2654; C.L. 1897, § 3836; Laws 1899, ch. 29, § 4; Code 1915, § 4694; C.S. 1929, § 116-142; 1941 Comp., § 74-131; 1953 Comp., § 69-1-31.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 1 - Organization and Management of Railroads
Section 63-1-1 - [Formation of corporations.]
Section 63-1-2 - [Articles of incorporation.]
Section 63-1-3 - [Execution of articles of incorporation.]
Section 63-1-4 - [Subscriptions to capital stock; minimum amount paid in.]
Section 63-1-5 - [Affidavit stating amount of stock subscribed and amount paid.]
Section 63-1-6 - Filing; effect.
Section 63-1-7 - Articles of incorporation; certified copies.
Section 63-1-8 - [Owners of capital stock are stockholders.]
Section 63-1-9 - [Bylaws; adoption.]
Section 63-1-10 - [Contents of bylaws.]
Section 63-1-11 - [Book of bylaws; public inspection; amendment and repeal of bylaws.]
Section 63-1-12 - [Management by board of directors; number; quorum; vacancies.]
Section 63-1-13 - [Election and term of directors.]
Section 63-1-14 - [Ballots; majority required; voting rights.]
Section 63-1-15 - [Directors' organization meeting; officers; majority.]
Section 63-1-16 - [Meetings of directors; call; notice.]
Section 63-1-17 - [Removal of directors; call and notice of meetings; filling vacancy.]
Section 63-1-18 - [Declaring dividends; restrictions; liability of directors.]
Section 63-1-20 - [Assessment remaining unpaid; requirements for new levy.]
Section 63-1-21 - [Transfer of shares sold for assessment.]
Section 63-1-22 - [Purchase by corporation of stock sold for assessments; procedure.]
Section 63-1-23 - [Effect of corporation purchase.]
Section 63-1-24 - [Extension of time for assessment payment or stock sale; restrictions.]
Section 63-1-25 - [Errors in proceedings; effect.]
Section 63-1-26 - [Actions to recover stock sold for assessments; restrictions.]
Section 63-1-27 - [Proof of publication of assessment or stock sale for default in payment.]
Section 63-1-28 - [Stock shares; nature; transfer; restrictions.]
Section 63-1-29 - [Issuance of stock certificates.]
Section 63-1-30 - [Transfer of nonresident's shares of stock.]
Section 63-1-31 - [Call for stockholders' meeting when authority is lacking; warrant of magistrate.]
Section 63-1-32 - [Quorum for stockholders' meeting; adjournment; record.]
Section 63-1-33 - [Postponement of election.]
Section 63-1-34 - [Court review of elections; notice.]
Section 63-1-35 - [Waiver of notice of stockholders' meeting.]
Section 63-1-36 - [Validity of proceedings where notice of meeting is waived.]
Section 63-1-37 - [Place for stockholders' meeting.]
Section 63-1-38 - [Change of principal place of business.]
Section 63-1-40 - [False entries or reports; liability.]
Section 63-1-41 - [Annual report to public regulation commission.]