The articles of incorporation shall be filed with the secretary of state, and a copy thereof, duly certified by the secretary of state shall be recorded in the office of the county clerk of the county where the principal office of the association is to be located in this state. For filing the articles of incorporation, an association shall pay to the secretary of state fifty dollars ($50.00), together with the proportionate part of the annual license fee that may be due for the succeeding fraction of the fiscal year, and for filing an amendment to the articles, twenty-five dollars ($25.00).
History: Laws 1937, ch. 152, § 8; 1941 Comp., § 48-1308; 1953 Comp., § 45-14-8; 1993, ch. 311, § 12; 1996, ch. 19, § 1; 2013, ch. 75, § 50.
Cross references. — For annual license fee, see 76-12-20 NMSA 1978.
The 2013 amendment, effective July 1, 2013, required that the articles of incorporation of a cooperative marketing association be filed with the secretary of state; in the first sentence, after "filed with the", deleted "state corporation commission" and added "secretary of state" and after "certified by the", deleted "commission" and added "secretary of state"; and in the second sentence, after "shall pay to the", deleted "state corporation commission" and added "secretary of state".
The 1996 amendment substituted "that" for "which" in the second sentence and deleted the last sentence which read "For filing the certified copy of the articles of association with the county clerk, the association shall pay a fee of one dollar ($1.00)". Laws 1996, ch. 19 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 15, 1996, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
The 1993 amendment, effective July 1, 1993, substituted "fifty dollars ($50.00)" for "one dollar ($1.00)" and "twenty-five dollars ($25.00)" for "one dollar ($1.00)" in the second sentence, and made several minor stylistic changes.
Recording fees. — This section, setting filing fees but silent upon fees for recording articles of incorporation by county clerk, is not in conflict with 14-8-12 NMSA 1978, specifying recording fees. 1966 Op. Att'y Gen. No. 66-132 (rendered under prior law now repealed).
Structure New Mexico Statutes
Article 12 - Cooperative Marketing Associations
Section 76-12-1 - Short title.
Section 76-12-2 - Declaration of policy.
Section 76-12-3 - Definitions.
Section 76-12-4 - Who may organize.
Section 76-12-7 - Articles of incorporation.
Section 76-12-8 - Filing and recording articles of incorporation.
Section 76-12-9 - Amendments to articles of incorporation.
Section 76-12-12 - Issuance of membership certificates and stock.
Section 76-12-13 - General and special meeting; how called.
Section 76-12-14 - Directors; election.
Section 76-12-16 - Contracts between associations and members.
Section 76-12-17 - Associations heretofore organized may adopt the provisions of this act.
Section 76-12-18 - Associations are not in restraint of trade.
Section 76-12-19 - Quo warranto to test validity of incorporation.
Section 76-12-21 - Application of general corporation laws.