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Home » US Law » 2021 New Mexico Statutes » Chapter 53 - Corporations » Article 17 - Business Corporations; Foreign Corporations

Section 53-17-1 – Admission of foreign corporation.

No foreign corporation shall transact business in this state until it has procured a certificate of authority to do so from the commission [secretary of state]. No foreign corporation shall procure a certificate of authority under the Business Corporation Act to transact in this state any business which a corporation organized under the Business Corporation […]

Section 53-17-11 – Service of process on foreign corporation.

The registered agent appointed by a foreign corporation authorized to transact business in this state shall be an agent of the corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served. Nothing in this section limits or affects the right to serve any […]

Section 53-17-12 – Repealed.

ANNOTATIONS Repeals. — Laws 1983, ch. 304, § 73, repealed 53-17-12 NMSA 1978, as enacted by Laws 1967, ch. 81, § 113, relating to amendment of the articles of incorporation of a foreign corporation, effective June 17, 1983.

Section 53-17-14 – Amended certificate of authority.

A foreign corporation authorized to transact business in this state shall procure an amended certificate of authority in the event it changes its corporate name or desires to pursue in this state other or additional purposes than those set forth in its prior application for a certificate of authority by making application therefor to the […]

Section 53-17-15 – Withdrawal of foreign corporation.

A. A foreign corporation authorized to transact business in this state may withdraw from this state upon procuring from the secretary of state a certificate of withdrawal. In order to procure the certificate of withdrawal, the foreign corporation shall deliver to the secretary of state an application for withdrawal, which shall set forth: (1) the […]

Section 53-17-16 – Filing of application for withdrawal.

A. An original of an application for withdrawal together with a copy, which may be signed, photocopied or conformed, shall be delivered to the commission [secretary of state]. If the commission [secretary of state] finds that the application conforms to the provisions of the Business Corporation Act and that the corporation has complied with the […]

Section 53-17-17 – Revocation of certificate of authority.

A. The certificate of authority of a foreign corporation to transact business in this state may be revoked by the commission [secretary of state] upon the conditions prescribed in this section when: (1) the corporation has failed to file its annual report timely or has failed to pay any fees or penalties thereon when they […]

Section 53-17-18 – Issuance of certificate of revocation; reinstatement.

A. Upon revoking a certificate of authority, the 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 a notice of revocation accompanied by one of the certificates to the corporation at the corporation’s mailing address as shown in the […]

Section 53-17-2 – Powers of foreign corporation.

A foreign corporation which has received a certificate of authority under the Business Corporation Act shall, until a certificate of revocation or of withdrawal, has been issued as provided in the Business Corporation Act, enjoy the same, but no greater, rights and privileges as a domestic corporation organized for the purposes set forth in the […]

Section 53-17-20 – Transacting business without certificate of authority.

A. No foreign corporation transacting business in this state without a certificate of authority shall be permitted to maintain any action, suit or proceeding in any court of this state, until the corporation has obtained a certificate of authority. Nor shall any action, suit or proceeding be maintained in any court of this state by […]

Section 53-17-21 – Repealed.

ANNOTATIONS Repeals. — Laws 1993, ch. 318, § 6 repealed 53-17-21 NMSA 1978, as enacted by Laws 1991, ch. 170, § 10, requiring any person elected or appointed to a board of directors to file an affidavit with the corporation stating that he consents to be a member of the board of directors, effective June […]

Section 53-17-3 – Corporate name of foreign corporation.

A. No certificate of authority shall be issued to a foreign corporation unless the corporate name of the corporation and, if different, the name under which it proposes to transact business in New Mexico: (1) contains the word “corporation”, “company”, “incorporated” or “limited” or contains an abbreviation of one of these words or the corporation, […]

Section 53-17-4 – Change of name by foreign corporation.

Whenever a foreign corporation which is 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 corporation shall be suspended and it shall not therafter [thereafter] transact any business in this state […]

Section 53-17-5 – Application for certificate of authority.

A. A foreign corporation, in order to procure a certificate of authority to transact business in this state, shall make application to the commission [secretary of state], which application shall set forth: (1) the name of the corporation and the state or country under the laws of which it is incorporated; (2) if the name […]

Section 53-17-6 – Filing of application for certificate of authority.

A. A corporation applying for a certificate of authority shall deliver to the commission [secretary of state]: (1) an original of the application of the corporation for a certificate of authority together with a copy, which may be signed, photocopied or conformed; (2) a certificate of good standing and compliance issued by the appropriate official […]

Section 53-17-7 – Application for readmission.

The commission [secretary of state] may waive the filing of articles of incorporation or other documents by a corporation making application for a certificate of authority if the documents were filed in connection with a previous application for a certificate of authority. History: 1953 Comp., § 51-30-6.1, enacted by Laws 1969, ch. 22, § 4. […]

Section 53-17-8 – Effect of [certificate of] authority.

Unless the commission [secretary of state] disapproves pursuant to Subsection A of Section 53-18-2 NMSA 1978, upon delivery of the application for a certificate of authority to the commission [secretary of state], the corporation shall be authorized to transact business in this state for those purposes set forth in its application, subject, however, to the […]