Section 53-19-74 – Commission’s [secretary of state’s] retention of records.
The commission [secretary of state] shall provide, pursuant to the provisions of the Public Records Act [Chapter 14, Article 3 NMSA 1978], for the retention, storage and destruction of any documents filed with the commission [secretary of state]. History: Laws 1993, ch. 280, § 74. ANNOTATIONS Bracketed material. — The bracketed material was inserted by […]
Section 53-20-1 – Short title.
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” […]
Section 53-20-2 – Definitions.
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 […]
Section 53-20-3 – Certificate of authority; necessity to obtain to transact business; what constitutes not transacting business.
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 […]
Section 53-19-56 – Action by attorney general.
The attorney general may maintain an action to recover civil penalties and restrain a foreign limited liability company from transacting business in New Mexico in violation of the Limited Liability Company Act. History: Laws 1993, ch. 280, § 56.
Section 53-19-66.2 – Reinstatement following administrative revocation.
A. A limited liability company administratively revoked pursuant to the Limited Liability Company Act may apply to the commission [secretary of state] for reinstatement within two years after the effective date of revocation. The application must: (1) recite the name of the limited liability company and the effective date of its administrative revocation; (2) state […]
Section 53-19-57 – Suits by and against the limited liability company.
Suits may be brought by or against a limited liability company in its own name. History: Laws 1993, ch. 280, § 57.
Section 53-19-67 – Appeal from commission [secretary of state].
If the commission [secretary of state] fails to approve any articles of organization, articles of amendment, articles of merger or consolidation or articles of dissolution or any other document required or permitted by the Limited Liability Company Act to be approved by the commission [secretary of state] before it is filed in its office, it […]
Section 53-19-58 – Authority to sue on behalf of limited liability company.
Except as otherwise provided in the articles of organization or an operating agreement, a suit on behalf of the limited liability company may be brought in the name of the limited liability company by: A. any member of the limited liability company who is authorized to sue by the affirmative vote of members having a […]
Section 53-19-59 – Conversions and mergers; definitions.
As used in Sections 53-19-59 through 53-19-62.3 NMSA 1978: A. “corporation” means an organization incorporated under the laws of New Mexico or a foreign corporation; B. “general partner” means a partner in a partnership and a general partner in a limited partnership; C. “limited partner” means a limited partner in a limited partnership; D. “limited […]