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Home » US Law » 2021 New Mexico Statutes » Chapter 56 - Commercial Instruments and Transactions » Article 6 - Warehousing of Agricultural Products » Section 56-6-2 – [License to store agricultural products; issuance upon application; contents; fee.]

No warehouseman shall issue negotiable warehouse receipts for agricultural products as in this act [56-6-1 to 56-6-11 NMSA 1978] defined, unless he shall have obtained from the county clerk of the county in which his warehouse is located a license authorizing him to store such agricultural products. Such license shall be issued by said county clerk upon the written application, under oath, of the warehouseman, setting forth his name and the location of his warehouse or warehouses. At the time of filing such application with the county clerk, the applicant shall be required to pay to the county clerk a filing fee of $2.50. If the applicant is a partnership, the names of the partners shall be set forth, and if a corporation, then the names of the president, secretary and treasurer thereof shall be set forth. In the case of a corporate applicant, the application shall be signed and sworn to by its president or secretary. Such application shall be filed and preserved in the county clerk’s office.

History: Laws 1941, ch. 145, § 2; 1941 Comp., § 53-902; 1953 Comp., § 50-9-2.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.

Individual requires one bond, license. — When a person is acting in his individual capacity, he need obtain only one bond and one license, even where he owns more than one warehouse. 1943 Op. Att’y Gen. No. 43-4390.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Warehouses §§ 19 to 23, 42.

53 C.J.S. Licenses § 34; 93 C.J.S. Warehousemen and Safe Depositaries § 5.