reglab/housing_qa huggingface dataset:
NM Stat § 53-7B-6 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 7B - New Mexico Research Applications|Section 53-7B-6 - Applicability of other laws.

A. Except as otherwise provided in the New Mexico Research Applications Act, the research applications center shall not be deemed to be the state, or one of its agencies, instrumentalities, institutions or political subdivisions for the purpose of applying any other laws, including those relating to personnel, meetings of the board, gross receipts taxes, disposition or acquisition of property, capital outlays, per diem and mileage and inspection of records. B. The research applications center shall be deemed: (1) an agency of the state when applying laws relating to the furnishing of goods and services by the research applications center to the state or any other agency, political subdivision or institution of the state; (2) a local public body for purposes of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], except that the board may exempt a specific procurement from the application of the Procurement Code if it makes a finding that compliance with the Procurement Code would impede the purposes of the New Mexico Research Applications Act; and (3) a governmental entity for purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978]; provided that the research applications center may enter into agreements with insurance carriers to insure against risk in connection with its operations even though the risk may be included among the risks covered by the Tort Claims Act. History: Laws 2009, ch. 66, § 6. ANNOTATIONSEmergency clauses. — Laws 2009, ch. 66, § 16 contained an emergency clause and was approved April 2, 2009.
NM Stat § 53-7B-7 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 7B - New Mexico Research Applications|Section 53-7B-7 - Annual audit and report.

A. The board shall contract annually with an independent certified public accountant, approved by the state auditor, to perform an examination and audit of the accounts and books of the research applications center, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other records and papers relating to its financial standing. The certified public accountant shall make a determination as to whether the research applications center has complied with the provisions of the New Mexico Research Applications Act. The person performing the audit shall furnish copies of the audit report to the governor; the public regulation commission [secretary of state], where they shall be placed on file and made available for inspection by the general public; and the legislative finance committee. B. An annual report of the activities during the previous fiscal year of the research applications center shall be provided by the board to the legislative finance committee at least ninety days in advance of each regular legislative session. The report shall contain an operating budget for the current fiscal year, a proposed budget for the next fiscal year, a list of the present employee positions and the salaries paid for each position and a list of all contracts entered into during the past fiscal year and the current fiscal year to date and the amount expended to date under each contract. The legislative finance committee shall forward any report submitted to any interim or standing legislative committees as deemed appropriate. Upon request of the appropriate committee, the board or the board of directors of any corporation formed by the research applications center shall appear before any interim or standing legislative committee to provide an accounting of all activities. History: Laws 2009, ch. 66, § 7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2013, ch. 75, § 9 provided that as of July 1, 2013, the secretary of state, pursuant to N.M. const., Art. 11, § 19, shall assume responsibility for chartering corporations as provided by law, including the performance of the functions of the former corporations bureau of the public regulation commission, and that except for Subsection D of 53-5-8 NMSA 1978, references to the "public regulation commission", "state corporation commission" or "commission" shall be construed to be references to the secretary of state. See 8-4-7 NMSA 1978. Emergency clauses. — Laws 2009, ch. 66, § 16 contained an emergency clause and was approved April 2, 2009.
NM Stat § 53-7B-8 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 7B - New Mexico Research Applications|Section 53-7B-8 - Conflicts of interest.

A. If any director, officer or employee of the research applications center is interested directly or indirectly or is an officer or employee of or has any ownership interest in a legal entity interested directly or indirectly in a contract or potential contract with the research applications center, except for any agency, instrumentality, institution or political subdivision of the state, the interest shall be disclosed to the board and shall be set forth in the minutes of the board. The director, officer or employee having the interest shall not participate on behalf of the research applications center in the authorization of the contract. B. Any director, officer or employee of the research applications center shall enter into a nondisclosure agreement that at a minimum provides: (1) a clear description of confidential information that the research applications center may disclose to the director, officer or employee; (2) a clear description of the limitations on the use of confidential information by the director, officer or employee; (3) a confidentiality period that requires the director, officer or employee to hold confidential information in confidence until that information becomes generally publicly known; (4) that the director, officer or employee shall be prohibited from acquiring an intellectual property right; (5) for the return of all confidential information to the research applications center upon request; (6) remedies for unauthorized disclosure of confidential information under the nondisclosure agreement, which may provide for liquidated damages, specific performance or injunction against further disclosure or breach, in addition to all other remedies available at law or equity to the research applications center for unauthorized disclosure of confidential information by the director, officer or employee; and (7) for the award of reasonable attorney fees and costs incurred by the research applications center in seeking enforcement of the nondisclosure agreement. C. Nothing in this section shall prohibit an officer, director or employee of a financial institution from participating as a member of the board in setting general policies of the research applications center, nor shall any provision of this section be construed as prohibiting a financial institution of New Mexico from making loans guaranteed pursuant to the provisions of the New Mexico Research Applications Act because an officer, director or employee of the financial institution serves as a member of the board. History: Laws 2009, ch. 66, § 8. ANNOTATIONSEmergency clauses. — Laws 2009, ch. 66, § 16 contained an emergency clause and was approved April 2, 2009.
NM Stat § 53-7B-9 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 7B - New Mexico Research Applications|Section 53-7B-9 - Contracts involving public employees.

Except as provided in Section 10 of the New Mexico Research Applications Act, the research applications center shall not enter into any contract involving services or property of a value in excess of twenty thousand dollars ($20,000) with an employee of the state or one of its agencies, instrumentalities, institutions or political subdivisions or with a business in which the employee has a controlling interest unless the board makes a determination, in writing, that the employee: A. is employed by a university; B. is principally involved in research, public service, economic development or instruction; and C. is able to provide services that are not readily available from another person or is able to provide services that are less expensive or of higher quality than are otherwise available. History: Laws 2009, ch. 66, § 9. ANNOTATIONSEmergency clauses. — Laws 2009, ch. 66, § 16 contained an emergency clause and was approved April 2, 2009.
NM Stat § 53-7B-10 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 7B - New Mexico Research Applications|Section 53-7B-10 - Transfer of technology; ownership of intellectual property.

A. Notwithstanding the provisions of Section 9 [53-7B-9 NMSA 1978] of the New Mexico Research Applications Act, Section 10-16-7, 13-1-190, 21-1-17 or 21-1-35 NMSA 1978 or of any other statute, ordinance or policy regulating the conduct of public employees, an officer or employee of a university who is principally involved in research, public service, economic development or instruction may, subject to Subsection B of this section, apply to the secretary of economic development for permission to establish and maintain a substantial interest in a private entity that provides or receives equipment, material, supplies or services in connection with the research applications center in order to facilitate the transfer of technology developed by the officer or employee from the research applications center to commercial and industrial enterprises for economic development. B. The secretary of economic development may grant the permission only if all of the following conditions are met: (1) the employer of the officer or employee certifies to the secretary that the employer does not object to the proposed relationship; (2) the officer or employee provides a detailed description of the officer's or employee's interest in the private entity; (3) the nature of the proposed undertaking is fully described; (4) the officer or employee demonstrates, to the satisfaction of the secretary, that the proposed undertaking may benefit the economy of this state; (5) the officer or employee demonstrates to the satisfaction of the secretary that the proposed undertaking will not adversely affect research, public service or instructional activities at any educational institution; and (6) the officer's or employee's interest in the private entity or benefit from the interest will not adversely affect any substantial state interest. C. An officer or employee of a university who is principally involved in research, public service, economic development or instruction may develop, create or commercialize new intellectual property for the state and encourage new opportunities for business and increased jobs. Intellectual property created by an employee or agent of a university associated with the research applications center shall be owned by the university. Intellectual property created jointly shall be owned jointly. If the intellectual property is created using federal funds, the applicable federal laws and regulations shall govern the ownership. D. The board may establish policies for the implementation of this section. History: Laws 2009, ch. 66, § 10. ANNOTATIONSEmergency clauses. — Laws 2009, ch. 66, § 16 contained an emergency clause and was approved April 2, 2009.
NM Stat § 53-8-1 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-1 - Short title.

Chapter 53, Article 8 NMSA 1978 may be cited as the "Nonprofit Corporation Act". History: 1953 Comp., § 51-14-43, enacted by Laws 1975, ch. 217, § 1; 1977, ch. 178, § 1; 1998, ch. 108, § 25. ANNOTATIONSCross references. — For exemption from franchise tax, see 53-8-28 NMSA 1978. For constitutional provision creating tax exempt property, see N.M. Const., art. VIII, § 3. For exemptions from income tax, see 7-2-4 NMSA 1978. The 1998 amendment, effective January 1, 1999, substituted "Chapter 53, Article 8 NMSA 1978" for "Article 14 of Chapter 51, NMSA 1953" at the beginning of the section. Law reviews. — For article, "The Profitable Nonprofit Corporation: Business Activity and Tax Exemption Under Section 501(c)(3) of I.R.C.," see 1 N.M.L. Rev. 563 (1971). For article, "1983 Amendments to the New Mexico Business Corporation Act and Related Statutes," see 14 N.M.L. Rev. 371 (1984). For note, "Corporate Law Formulating and Applying a 'Proper Purpose' Analysis to a Books and Records Inspection Request Schein v. N. Rio Arriba Elec. Coop., Inc.," see 28 N.M.L. Rev. 133 (1998). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15 Am. Jur. 2d Charities § 176; 18 Am. Jur. 2d Corporations § 32. 7 C.J.S. Associations § 54.
NM Stat § 53-8-3 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-3 - Applicability.

A. The provisions of the Nonprofit Corporation Act relating to domestic corporations apply to: (1) all corporations organized under that act; and (2) all nonprofit corporations organized under any acts repealed by the Nonprofit Corporation Act, for a purpose or purposes for which a corporation might be organized under that act. B. The provisions of the Nonprofit Corporation Act relating to foreign corporations apply to all foreign nonprofit corporations conducting affairs in New Mexico for a purpose or purposes for which a corporation might be organized under that act. History: 1953 Comp., § 51-14-45, enacted by Laws 1975, ch. 217, § 3. ANNOTATIONSCompiler's notes. — For acts repealed by the Nonprofit Corporation Act, see Laws 1975, ch. 217, § 98, which repealed 51-14-20 to 51-14-42, 1953 Comp., effective July 1, 1976.
NM Stat § 53-8-4 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-4 - Purposes.

Corporations may be organized under the Nonprofit Corporation Act for any lawful purpose or purposes, including, without being limited to, any one or more of the following purposes: charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; and professional, commercial, industrial or trade association. History: 1953 Comp., § 51-14-46, enacted by Laws 1975, ch. 217, § 4. ANNOTATIONSPrepaid group visual care program. — It would be legal to organize a nonprofit organization for a prepaid group visual care program under the laws of the state of New Mexico, despite the fact that no specific authorization has as yet been granted by way of legislative enactment. 1959 Op. Att'y Gen. No. 59-156 (rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15 Am. Jur. 2d Charities § 171, 173, 174, 176; 18A Am. Jur. 2d Corporations §§ 194, 195. Implied power of corporation belonging to one of the three classes, religious, charitable or educational, to promote, or to accept gifts for, objects which more appropriately pertain to the purposes of those in one of the other classes, 121 A.L.R. 1526. Nonprofit purposes and character which warrant creation of nonprofit corporation, 16 A.L.R.2d 1345. 10 C.J.S. Beneficial Associations § 7; 18 C.J.S. Corporations § 28.
NM Stat § 53-8-6 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-6 - Defense of ultra vires.

No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do the act or to make or receive the conveyance or transfer, but such lack of capacity or power may be asserted: A. in a proceeding by a member or a director against the corporation to enjoin the doing or continuation of unauthorized acts, or the transfer of real or personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of the contract, and in so doing may allow to the corporation or the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of the contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained; or B. in a proceeding by the corporation, whether acting directly or through a receiver, trustee or other legal representative, or through members in a respresentative [representative] suit, against the officers or directors of the corporation for exceeding their authority. History: 1953 Comp., § 51-14-48, enacted by Laws 1975, ch. 217, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 18B Am. Jur. 2d Corporations §§ 1283 to 1340, 1990 to 2072. 19 C.J.S. Corporations §§ 573 to 579.
NM Stat § 53-8-7 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-7 - Corporate name.

The corporate name and, if different, the name under which the corporation proposes to transact business in New Mexico shall not:A. contain any word or phrase that indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation; andB. be the same as, or confusingly similar to, the name of any corporation, whether for profit or not for profit, existing under the laws of New Mexico, or any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in New Mexico, or a corporate name reserved or registered as permitted by the laws of New Mexico. History: 1953 Comp., § 51-14-49, enacted by Laws 1975, ch. 217, § 7; 2021, ch. 68, § 1. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, applied the provisions of this section to the name under which a corporation proposes to transact business in New Mexico if it is different than the corporate name; in the introductory paragraph, after "The corporate name", added "and, if different, the name under which the corporation proposes to transact business in New Mexico shall not"; and in Subsections A and B, deleted "shall not".Similar name. — Fraternal organization was restrained from holding itself out as the Masonic Grand Lodge, Colored for the jurisdiction of New Mexico and use of name "Free and Accepted Masons of New Mexico" and "A. F. and A. M. (Colored)" of New Mexico, which rendered it strikingly similar to other grand lodges, resulting in confusion and tending to deceive the public. Prince Hall Grand Lodge v. Most Worshipful King Solomon Grand Lodge, 1957-NMSC-011, 62 N.M. 255, 308 P.2d 581. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18A Am. Jur. 2d Corporations §§ 273, 283. Right of charitable or religious association or corporation to protection against use of same or similar name by another, 37 A.L.R.3d 277. 18 C.J.S. Corporations §§ 98 to 105.
NM Stat § 53-8-8 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-8 - Registered office and registered agent.

Each corporation shall have and continuously maintain in New Mexico: A. a registered office which may be, but need not be, the same as its principal office; and B. a registered agent, which agent may be either an individual resident in New Mexico whose business office is identical with such registered office, or a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in New Mexico, having an office identical with such registered office. History: 1953 Comp., § 51-14-50, enacted by Laws 1975, ch. 217, § 8.
NM Stat § 53-8-10 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-10 - Service of process on corporation.

The registered agent appointed by a corporation 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 process, notice or demand required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. History: 1953 Comp., § 51-14-52, enacted by Laws 1975, ch. 217, § 10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 19 Am. Jur. 2d Corporations §§ 2192 to 2214. 19 C.J.S. Corporations §§ 721 to 735.
NM Stat § 53-8-11 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-11 - Members.

A corporation may have one or more classes of members or may have no members. If the corporation has one or more classes of members, the designation of such class or classes, the manner of election or appointment and the qualifications and rights of the members of each class shall be set forth in the articles of incorporation or the bylaws. If the corporation has no members, that fact shall be set forth in the articles of incorporation or the bylaws. A corporation may issue certificates evidencing membership therein. History: 1953 Comp., § 51-14-53, enacted by Laws 1975, ch. 217, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Right of member of nonprofit association or corporation to possession, inspection, or use of membership list, 37 A.L.R.4th 1206.
NM Stat § 53-8-12 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 8 - Nonprofit Corporations|Section 53-8-12 - Bylaws.

A. The initial bylaws of a corporation shall be adopted by its board of directors. The power to alter, amend or repeal the bylaws or adopt new bylaws shall be vested in the board of directors unless otherwise provided in the articles of incorporation or the bylaws. The bylaws may contain any provisions for the regulation and management of the affairs of a corporation not inconsistent with law or the articles of incorporation. B. The initial bylaws and any subsequent bylaws whether by amendment, repeal or new adoption shall be executed by two authorized officers of the corporation. The bylaws in effect for the corporation shall be maintained at the corporation's principal office in New Mexico and shall be subject to inspection and copying by the public. If the most recently adopted bylaws are so maintained, they shall not be void, notwithstanding any requirements of prior law. The corporation may charge a reasonable fee for copying its bylaws, not to exceed one dollar ($1.00) per page. History: 1953 Comp., § 51-14-54, enacted by Laws 1975, ch. 217, § 12; 1977, ch. 178, § 4; 2003, ch. 318, § 9. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, in Subsection B, substituted "two authorized officers of the corporation" for "the corporation's chief officer and by its secretary or assistant secretary and filed with the commission. Such bylaws shall be void until filed with the commission" following "be executed by", and added the last three sentences. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18A Am. Jur. 2d Corporations §§ 310 to 332. 18 C.J.S. Corporations §§ 111 to 121.