Section 53-19-64 – Execution by judicial act.
Any person who is adversely affected by the failure or refusal of any person to execute or file any articles or other document to be filed pursuant to the Limited Liability Company Act may petition the court in the county where the registered office of the limited liability company is located or, if no such […]
Section 53-19-65 – Rules of construction.
A. It is the policy of the Limited Liability Company Act to give maximum effect to the principle of freedom of contract and to the enforceability of operating agreements of limited liability companies. B. Unless displaced by particular provisions of the Limited Liability Company Act, the principles of law and equity supplement that act, including […]
Section 53-19-54 – Transactions not constituting transacting business.
A. The following activities of a foreign limited liability company, among others, do not constitute transacting business within the meaning of the Limited Liability Company Act: (1) maintaining, defending or settling any proceeding; (2) holding meetings of its members or carrying on any other activities concerning its internal affairs; (3) maintaining bank accounts; (4) maintaining […]
Section 53-19-66 – Powers of commission [secretary of state].
The commission [secretary of state] has the power and authority reasonably necessary to enable it to administer the Limited Liability Company Act efficiently and to perform the duties therein imposed upon it. History: Laws 1993, ch. 280, § 66. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part […]
Section 53-19-55 – Service of process.
Service of process in any action against a foreign limited liability company, whether or not registered in accordance with the provisions of the Limited Liability Company Act, shall be made in the manner prescribed by law and the New Mexico Rules of Civil Procedure. History: Laws 1993, ch. 280, § 55.
Section 53-19-66.1 – Administrative revocation.
A limited liability company may be revoked by the commission [secretary of state] if: A. the limited liability company has failed for a period of thirty days to appoint and maintain a registered agent as required by the Limited Liability Company Act; or B. the limited liability company has failed for a period of thirty […]
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 […]