Chapter 53, Article 20 NMSA 1978 may be cited as the “Foreign Business Trust Registration Act”. History: Laws 2001, ch. 200, § 83; 2015, ch. 66, § 12. ANNOTATIONS The 2015 amendment, effective July 1, 2015, changed the statutory reference of the Foreign Business Trust Registration Act from “Sections 84 through 100 of this act” […]
A. A foreign business trust authorized to transact business in this state may change its registered office or change its registered agent, or both, upon filing with the public regulation commission [secretary of state] a statement setting forth: (1) the name of the foreign business trust; (2) the address of its registered office; (3) if […]
A. The registered agent appointed by a foreign business trust authorized to transact business in this state shall be an agent of the foreign business trust upon whom may be served any process, notice or demand required or permitted by law to be served upon the foreign business trust. B. A foreign business trust may […]
A. A foreign business trust authorized to transact business in this state may withdraw from this state upon obtaining from the public regulation commission [secretary of state] a certificate of withdrawal. To obtain the certificate, the foreign business trust shall deliver to the commission [secretary of state] an application for withdrawal. The application shall set […]
A. An application of a foreign business trust for withdrawal shall be delivered to the public regulation commission [secretary of state]. If the commission [secretary of state] finds that the application meets the requirements of the Foreign Business Trust Registration Act, when all fees and taxes prescribed by law have been paid it shall: (1) […]
A. The certificate of authority of a foreign business trust to transact business in this state may be revoked by the public regulation commission [secretary of state] pursuant to this section when: (1) the foreign business trust has failed to pay any fees prescribed by law when they become due and payable; (2) the foreign […]
A. Upon revoking a certificate of authority of a foreign business trust, the public regulation commission [secretary of state] shall: (1) issue a certificate of revocation in duplicate; (2) file one of the certificates in its office; and (3) mail to the foreign business trust at its registered office in this state a notice of […]
A. A foreign business trust transacting business in this state without a certificate of authority may not maintain a proceeding in any court in this state until it obtains a certificate of authority. B. The successor to a foreign business trust that transacted business in this state without a certificate of authority and the assignee […]
The secretary of state shall charge and collect from a foreign business trust for: A. filing a statement of change of address of registered office or change of registered agent, or both, twenty-five dollars ($25.00); B. filing an application of a foreign business trust for a certificate of authority to transact business in this state […]
As used in the Foreign Business Trust Registration Act: A. “business trust” means an entity engaged in a trade or business that is created by a declaration of trust that transfers property to trustees, to be held and managed by them for the benefit of persons holding certificates representing the beneficial interest in the trust […]
A. A foreign business trust shall not transact business in this state unless it first obtains a certificate of authority from the public regulation commission [secretary of state]. A foreign business trust is not entitled to obtain a certificate of authority to transact a business in this state that it is not permitted to transact […]
A. The name of a foreign business trust set forth in its certificate of trust shall be distinguishable from the name shown in the records of the public regulation commission [secretary of state] of any corporation, limited partnership, limited liability company, investment trust or limited liability partnership reserved, registered, formed or organized under the laws […]
If a foreign business trust authorized to transact business in this state changes its name to one under which a certificate of authority would not be granted to it on application therefor, the certificate of authority of the foreign business trust shall be suspended, and it shall not thereafter transact business in this state until […]
A. A foreign business trust, in order to obtain a certificate of authority to transact business in New Mexico, shall make application to the secretary of state. The application shall set forth: (1) the name of the foreign business trust and, if different, the name under which it proposes to transact business in New Mexico; […]
A. If the public regulation commission [secretary of state] finds that the application for a certificate of authority meets the requirements of the Foreign Business Trust Registration Act and the requisite fees have been paid, it shall: (1) endorse on the original the word “filed” and the month, day and year of the filing; (2) […]
If a statement in the application for certificate of authority of a foreign business trust was false when made or any arrangements or other facts described have changed, making the application inaccurate in any respect, the foreign business trust shall promptly file with the public regulation commission [secretary of state] a certificate, signed by an […]
A foreign business trust authorized to transact business in this state shall have and continuously maintain in this state: A. a registered office, which may be the same as its place of business in this state; and B. a registered agent, which may be either an individual resident in this state whose business office is […]
