reglab/housing_qa huggingface dataset:
NM Stat § 53-20-2 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|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 estate and assets; and B. "foreign business trust" means a business trust formed under the laws of a state other than New Mexico. History: Laws 2001, ch. 200, § 84. ANNOTATIONSEffective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-3 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|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 in the state or country in which it was created. B. The following activities do not constitute transacting business within the meaning of Subsection A of this section: (1) maintaining, defending or effecting the settlement of an action, suit or administrative or arbitration proceeding, or effecting the settlement of claims or disputes; (2) maintaining bank accounts; (3) maintaining offices or agencies for the transfer, exchange and registration of its securities, or appointing and maintaining trustees or depositories with relation to its securities; (4) soliciting or procuring orders when the orders require acceptance outside of this state before becoming binding contracts; (5) transacting business in interstate commerce; (6) holding meetings of the board of trustees or holders of beneficial interest or carrying on other activities concerning internal affairs; (7) selling through independent contractors; (8) creating or procuring indebtedness, mortgages and security interests in real and personal property; (9) conducting an isolated transaction that is completed within a period of thirty days and not in the course of a number of repeated transactions of a similar nature; (10) securing or collecting debts or enforcing mortgages and security interests in property securing the debts; or (11) owning without more, real or personal property. History: Laws 2001, ch. 200, § 85. 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. Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-4 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-4 - Name of foreign business trust.

A. The name of a foreign business trust set forth in its certificate of trust shall be distinguishable from the name shown in the records of the public regulation commission [secretary of state] of any corporation, limited partnership, limited liability company, investment trust or limited liability partnership reserved, registered, formed or organized under the laws of New Mexico or qualified to do business or registered as a foreign corporation, foreign limited partnership, foreign limited liability company, foreign investment trust or foreign limited liability partnership in New Mexico; except that a foreign business trust may register under any name that is not distinguishable from the name shown in the records of the commission [secretary of state] of a domestic or foreign corporation, limited partnership, limited liability company, investment trust or limited liability partnership reserved, registered, formed or organized under the laws of New Mexico if the foreign business trust has the written consent of the other entity to use the name and if the written consent is filed with the commission [secretary of state]. B. The name of a foreign business trust set forth in its certificate of trust may contain the name of a beneficial owner, a trustee or any other person. C. The name of a foreign business trust set forth in its certificate of trust may contain the following words: "company", "association", "club", "foundation", "fund", "institute", "society", "union", "syndicate", "limited" or "trust" or abbreviations of similar import. D. The exclusive right to the use of a name may be reserved by a foreign business trust in accordance with the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978]. History: Laws 2001, ch. 200, § 86. 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. Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-5 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-5 - Prohibited change of name; penalties.

If a foreign business trust 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 foreign business trust shall be suspended, and it shall not thereafter transact business in this state until it changes its name to a name that is available to it under the laws of this state and obtains a certificate of correction or amendment. History: Laws 2001, ch. 200, § 87. ANNOTATIONSEffective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-7 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-7 - Issuance of certificate of authority.

A. If the public regulation commission [secretary of state] finds that the application for a certificate of authority meets the requirements of the Foreign Business Trust Registration Act and the requisite fees have been paid, it shall: (1) endorse on the original the word "filed" and the month, day and year of the filing; (2) file in its office the original of the application; and (3) issue a certificate of authority to transact business in this state to which it shall affix a copy of the application. B. The certificate of authority, together with a copy of the application affixed to it, shall be returned by the public regulation commission [secretary of state] to the business trust or its representative. History: Laws 2001, ch. 200, § 89. 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. Cross references. — For penalties imposed for failure to obtain a certificate of authority, see 53-20-16 NMSA 1978. Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001. Temporary provisions. — Laws 2001, ch. 200, § 100 delineated the rights of foreign business trusts transacting business in the state as of the effective date of the Foreign Business Trust Registration Act, July 1, 2001. Laws 2001, ch. 200, § 100(B) provided foreign business trusts existing and transacting business in New Mexico on July 1, 2001 a period of up to one year in which to fulfill the requirements to obtain a certificate of authority of the Foreign Business Trust Registration Act; while § 100(A) states that these foreign business trusts will be treated as having a certificate of authority during the period before they obtain it. Starting July 1, 2002 all foreign business trusts must have a certificate of authority to transact business in New Mexico.
NM Stat § 53-20-8 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-8 - Changes and amendments.

If a statement in the application for certificate of authority of a foreign business trust was false when made or any arrangements or other facts described have changed, making the application inaccurate in any respect, the foreign business trust shall promptly file with the public regulation commission [secretary of state] a certificate, signed by an authorized person, correcting the statement, together with the fee required by Section 98 [99] [53-20-17 NMSA 1978] of the Foreign Business Trust Registration Act. History: Laws 2001, ch. 200, § 90. 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. The reference to "Section 98" in this section appears to be misnumbered due to sections added and removed in the legislative process and not updated in this reference. The numbering should read "Section 99". Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-9 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-9 - Registered office and registered agent; requirement of maintenance in state.

A foreign business trust authorized to transact business in this state shall have and continuously maintain in this state: A. a registered office, which may be the same as its place of business in this state; and B. a registered agent, which may be either an individual resident in this state whose business office is identical with the registered office, or a domestic or foreign corporation, limited partnership, limited liability company, limited liability partnership or investment trust authorized to transact business in this state, having a business office identical with the registered office of the foreign business trust. History: Laws 2001, ch. 200, § 91. ANNOTATIONSEffective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-11 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-11 - Service of process.

A. The registered agent appointed by a foreign business trust authorized to transact business in this state shall be an agent of the foreign business trust upon whom may be served any process, notice or demand required or permitted by law to be served upon the foreign business trust. B. A foreign business trust may be served by registered or certified mail, return receipt requested, addressed to a trustee of the foreign business trust at its principal office shown on its application for a certificate of authority if the foreign business trust: (1) has no registered agent or its registered agent cannot be served with reasonable diligence; (2) has withdrawn from transacting business in New Mexico; or (3) has had its certificate of authority revoked. C. Service is perfected under Subsection B of this section at the earliest of: (1) the date the foreign business trust receives the mail; (2) the date shown on the return receipt, if signed on behalf of the foreign business trust; or (3) five days after its deposit in the United States mail, if mailed postpaid and correctly addressed. D. This section does not prescribe the only means, or necessarily the required means, of serving a foreign business trust described in Subsection B of this section. History: Laws 2001, ch. 200, § 93. ANNOTATIONSEffective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-12 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-12 - Certificate of withdrawal; application and filing.

A. A foreign business trust authorized to transact business in this state may withdraw from this state upon obtaining from the public regulation commission [secretary of state] a certificate of withdrawal. To obtain the certificate, the foreign business trust shall deliver to the commission [secretary of state] an application for withdrawal. The application shall set forth: (1) the name of the foreign business and the state or country under the laws of which it is organized; (2) that the foreign business trust is not transacting business in this state; (3) that the foreign business trust surrenders its authority to transact business in this state; (4) that the foreign business trust revokes the authority of its registered agent in this state to accept service of process and consents that service of process in an action, suit or proceeding based on a cause of action arising in this state during the time the foreign business trust was authorized to transact business in this state may thereafter be made on the foreign business trust by service on the secretary of state; (5) an address to which the secretary of state may mail a copy of any process against the foreign business trust served on the secretary of state; (6) a commitment to notify the commission [secretary of state] in the future of any change in its mailing address; and (7) additional information necessary or appropriate to enable the commission [secretary of state] to determine and assess any unpaid fees or taxes payable by the foreign business trust. B. The application for withdrawal shall be made on forms prescribed and furnished by the public regulation commission [secretary of state] or on forms containing substantially the same information as forms prescribed by the commission [secretary of state] and shall be executed by the trust by an authorized person, or if the foreign business trust is in the hands of a receiver or trustee, by the receiver or trustee. History: Laws 2001, ch. 200, § 94; 2003, ch. 318, § 62. 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. The 2003 amendment, effective July 1, 2003, substituted "an" for "any" following "of process in" in Paragraph A(4) and inserted "or on forms containing substantially the same information as forms prescribed by the commission" following "public regulation commission" in Subsection B.
NM Stat § 53-20-13 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-13 - Certificate of withdrawal; issuance.

A. An application of a foreign business trust for withdrawal shall be delivered to the public regulation commission [secretary of state]. If the commission [secretary of state] finds that the application meets the requirements of the Foreign Business Trust Registration Act, when all fees and taxes prescribed by law have been paid it shall: (1) endorse on the application the word "filed" and the month, day and year of the filing; (2) file the application in its office; and (3) issue a certificate of withdrawal. B. The certificate of withdrawal, together with a copy of the application for withdrawal affixed thereto by the public regulation commission [secretary of state], shall be returned to the foreign business trust or its representative. Upon the issuance of the certificate of withdrawal, the authority of the foreign business trust to transact business in this state shall cease. History: Laws 2001, ch. 200, § 95. 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. Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-14 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-14 - Certificate of authority; revocation; causes.

A. The certificate of authority of a foreign business trust to transact business in this state may be revoked by the public regulation commission [secretary of state] pursuant to this section when: (1) the foreign business trust has failed to pay any fees prescribed by law when they become due and payable; (2) the foreign business trust has failed to appoint and maintain a registered agent in this state; (3) the foreign business trust has failed, after change of its registered office or registered agent, to file with the commission [secretary of state] a statement of the change as required by law; or (4) a misrepresentation has been made of any material matter in an application, report, affidavit or other document submitted by such foreign business trust pursuant to law. B. No certificate of authority of a foreign business trust shall be revoked by the public regulation commission [secretary of state] unless: (1) it has given the foreign business trust not less than sixty days' prior notice of revocation by mail addressed to its registered office in this state; and (2) the foreign business trust prior to revocation fails to pay fees or taxes owed, file the required statement of change of registered agent or registered office or correct the misrepresentation. History: Laws 2001, ch. 200, § 96. 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. Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
NM Stat § 53-20-15 (2021)
2021 New Mexico Statutes|Chapter 53 - Corporations|Article 20 - Foreign Business Trust Administration|Section 53-20-15 - Certificate of authority; revocation procedure.

A. Upon revoking a certificate of authority of a foreign business trust, the public regulation 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 to the foreign business trust at its registered office in this state a notice of the revocation accompanied by the other certificate. B. Upon issuance of the certificate of revocation, the authority of the foreign business trust to transact business in this state ceases. History: Laws 2001, ch. 200, § 97. 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. Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.