reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 16 - APPLICATION FOR REGISTRATION › Section 12.2.16.9 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fee for
				application registration is twenty-five dollars ($25.00).
B. The fee for renewal of registration is
				twenty-five dollars ($25.00).
C. A
				military service member or veteran as defined in these rules shall not be
				charged a registration fee for the first three years a registration issued
				under these rules is valid.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 16 - APPLICATION FOR REGISTRATION › Section 12.2.16.10 - RENEWAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked.
B. Prior to the expiration of the license, a registered secondhand metal dealer shall apply for registration renewal and shall pay the renewal fee as set forth in 12.2.16.9 NMAC.
C. A current registration shall be posted in the business of operation.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 17 - REPORTING REQUIREMENTS › Section 12.2.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth reporting procedures to the department pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 17 - REPORTING REQUIREMENTS › Section 12.2.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 17 - REPORTING REQUIREMENTS › Section 12.2.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to standardize the reporting
				  procedures to the department required pursuant to
				  57-30-8
				  NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 17 - REPORTING REQUIREMENTS › Section 12.2.17.8 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All secondhand metal dealers are required to report all transactions of regulated material. Reports of such transaction shall be made on a purchase record form designed and provided or approved by the department and shall be uploaded to the database maintained by the department.
B. Reports shall be in English and shall include:
(1) the place and date of the purchase;
(2) the name and address of each person from whom the regulated material is purchased or obtained;
(3) the identifying number of the personal identification document of each person from whom the regulated material is purchased or obtained;
(4) the year, make, model and license plate number of the motor vehicle used to transport the regulated material;
(5) a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased; and
(6) affirmation under penalty of perjury that the seller is the legal owner of or is lawfully entitled to sell the regulated material offered for sale as required by Paragraph (2) of Subsection A of Section  57-30-4 NMSA 1978 of the Sale of Recycled Metals Act.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 18 - DUTIES AND RESPONSIBILITIES › Section 12.2.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth application procedures to the department pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 18 - DUTIES AND RESPONSIBILITIES › Section 12.2.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 18 - DUTIES AND RESPONSIBILITIES › Section 12.2.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to facilitate compliance of all registered secondhand metal dealers pursuant to Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 18 - DUTIES AND RESPONSIBILITIES › Section 12.2.18.8 - DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Effective July 1, 2012, all secondhand metal dealers shall
				  maintain a valid registration issued by the department.
A. A current registration certificate must be
				posted in the business of operation or posted in a physical location of a
				registrant who maintains a scrap metal yard in which scrap metal or cast-off
				regulated material is purchased for shipment, sale or transfer.
B. Comply with all federal requirements for
				scrap metal dealers, including maintain storm water permits.
C. Register for the metal theft alert system,
				maintained by the institute of scrap recycling industries or its successor
				organization.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 18 - DUTIES AND RESPONSIBILITIES › Section 12.2.18.9 - RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A secondhand metal dealer or the dealer's agent shall visually verify the accuracy of the personal identification document and vehicle identification presented by the seller at the time of the dealer's purchase or acquisition. The dealer shall not substitute or rely upon information existing in the dealer's records system in place of such visual verification at the point of each sale.
B. A secondhand metal dealer who becomes aware that the dealer is in possession of regulated material that was stolen or unlawfully obtained shall not remove the material from the dealer's premises and shall report the same to a local law enforcement agency within 24 hours.
C. A secondhand metal dealer must inform all employees who are involved in the purchasing or receiving of regulated material of alerts received on theft of regulated material in the geographic area.
D. A secondhand metal dealer shall maintain an accurate and legible written record, in a form approved by the department, of each purchase made in the course of the dealer's business of regulated material.
E. A secondhand metal dealer shall preserve each record required until the first anniversary of the date the record was made, except for any record for the purchase of a catalytic converter, which shall be kept until the third anniversary of the date the record was made.
F. A secondhand metal dealer shall produce to a peace officer or compliance officer upon request the requested record of purchase.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 18 - DUTIES AND RESPONSIBILITIES › Section 12.2.18.11 - CIVIL PENALTY, SUSPENSION OR REVOCATION OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person who
				violates any provision of the Sale of Recycled Metals Act may be assessed a
				civil penalty by the superintendent not to exceed one thousand dollars ($1,000)
				per violation.
B. The
				superintendent may suspend or revoke the registration of a secondhand metal
				dealer when the superintendent finds that the dealer has intentionally violated
				a provision of the Sale of Recycled Metals Act.
C. Prior to the imposition of a civil penalty
				or the suspension or revocation of a registration, the superintendent shall
				provide notice and an opportunity to be heard pursuant to the pertinent notice
				and hearing provisions of the Uniform Licensing Act.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all domestic and foreign corporations,
				  limited liability companies, cooperative associations, sanitary projects act
				  associations, water users associations, waterworks corporations and foreign
				  business trusts, unless exempted by law.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  14-15-1 to
				  14-15-6,
				  14-16-1 to
				  14-16-19,
				  39-3-1.1,
				  53-2-11,
				  53-18-1, and
				  53-19-66.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth general provisions
				  governing corporate and certain legislatively mandated entities in New
				  Mexico.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in NMSA 1978 Sections
				  3-29-2,
				  53-4-1,
				  53-7-19,
				  53-8-2,
				  53-11-2,
				  53-19-2,
				  53-20-2,
				  as used in these rules:
A.
biennial
means every other year;
B.
bureau
means the
				corporations bureau of the public regulation commission;
C.
commission
means the public
				regulation commission;
D.
director
means the director of the administrative services division or
				his designee;
E.
division
means the administrative services division of the public
				regulation commission;
F.
person
means an individual, general partnership, limited liability
				company, limited partnership, trust, estate, association, corporation or any
				other legal entity;
G.
these
				rules
means the rules adopted by the commission in Title 12, Chapter 3
				of the New Mexico Administrative Code.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.9 - REQUIREMENTS FOR FILED DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements stated here, particular rules
				  may include other filing requirements. All documents required by these rules to
				  be filed with the commission shall be filed with the bureau as follows.
A.
Address for filing
				documents.
(1) Documents filed by mail
				shall be sent to the New Mexico Public Regulation Commission Corporations
				Bureau, P.O. Box 1269, Santa Fe, New Mexico 87504-1269.
(2) Documents filed in person or by delivery
				service shall be delivered to the New Mexico Public Regulation Commission,
				Corporations Bureau Filing Desk, P.E.R.A. Building, Room 346, 1120 Paseo de
				Peralta, Santa Fe, New Mexico 87501.
(3) The commission's official website shall
				include a list of the types of documents that may be filed electronically and
				shall, when feasible, include forms for such documents.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.10 - COMMISSION-PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Use
				required.
The commission has prescribed forms required by law to carry
				out certain requirements of these rules. The most current version of a
				commission-prescribed form must be used when a form exists for that purpose,
				unless these rules state otherwise or the commission waives this requirement.
				When a document is filed electronically, the form provided by the commission on
				its website must be used.
B.
Use optional.
The commission has available for use optional forms that
				may be used to comply with the requirements of these rules and strongly prefers
				the use of such forms for ease and consistency of data entry. However, except
				when electronic filing is used, a corporation or other entity may instead file
				the information and documents required by these rules in the order in which
				they are listed in the applicable statute or these rules.
C.
How to obtain.
Interested
				parties may obtain copies of commission-prescribed forms and other optional
				forms:
(1) on the commission's website at
www.nmprc.state.nm.us
;
(2) by electronic request to the bureau on
				the commission's website, by clicking on "corporations" and then "corporations
				inquiry;"
(3) by calling the bureau
				at 505-827-4508; or
(4) by writing
				to the New Mexico public regulation commission, corporations bureau, P.O. Box
				1269, Santa Fe, New Mexico 87504-1269
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.11 - INCOMPLETE FILINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Criteria.
A filing will be considered incomplete if:
(1) it is unsigned;
(2) it omits any information required by law
				or commission rule or order;
(3) it
				is not submitted on a commission-prescribed form and a form is required for
				that purpose;
(4) it is not
				accompanied by the appropriate filing fee, paid as required by
12.3.1.14
NMAC; or
(5)
				the commission determines the filing is otherwise insufficient.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.12 - REVIEW OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who wishes to inspect public records or other
				  documents relating to corporations or other regulated legal entities shall file
				  a written request to the bureau as provided in
12.3.1.9
NMAC. The
				  request shall meet the requirements of the Inspection of Public Records Act,
				  NMSA 1978 Section
				  14-2-8
				  and shall follow the procedure required by that law.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.13 - REQUESTS FOR COPIES AND RECORD SEARCHES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Types of documents
				available.
The bureau may provide the following:
(1) a certificate of good standing and
				compliance;
(2) a miscellaneous
				certificate as requested by a corporation or other regulated legal
				entity;
(3) certified copies of
				reports, instruments or other documents relating to a corporation or other
				regulated legal entity;
(4)
				non-certified copies of reports, instruments or other documents relating to a
				corporation or other regulated legal entity; or
(5) reports of record searches for categories
				of documents or other types of information.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.15 - PROCEDURES FOR CHOOSING A NAME

Current through Register Vol. 35, No. 13, July 16, 2024
Corporations and other regulated legal entities shall comply
				  with statutory name requirements, and may use the procedures in this section
				  for checking the availability of a name, reserving a name, or applying for a
				  corporate or company name.
A.
Informal inquiry about name availability.
A corporation or other
				regulated legal entity may informally request, orally or in writing, that the
				bureau determine whether a proposed name is available. The bureau shall search
				its records to determine whether the proposed name is the same as, or
				confusingly similar to, the name of another corporation or other regulated
				entity previously on file, reserved, or registered with the
				commission.
B.
Formal
				application for a name.
The bureau shall not make a final determination
				of whether a proposed name is available until the corporation or other entity
				files with the bureau an application to reserve a specified name, articles of
				incorporation, an application for a certificate of authority, or other
				organizational documents.
C.
Reserving a name.
A corporation or other legal entity may file an
				application with the bureau to reserve a proposed name. If the bureau
				determines the name is available, it shall reserve the name for the corporation
				or other legal entity for one hundred twenty (120) days. An applicant may not
				extend the time period of a name reservation.
D.
Registering a name.
A
				foreign profit corporation may register its name by complying with NMSA 1978
				Section
				53-11-9, and may
				renew its name registration by meeting the requirements of NMSA 1978 Section
				53-11-10.
E.
Administrative revocation and
				reserving a name.
If the commission administratively revokes a
				corporation or other legal entity, it shall reserve its name for the period
				allowed by law for reinstatement. If a corporation or other legal entity that
				has been administratively revoked applies for reinstatement in compliance with
				applicable requirements, the commission shall grant reinstatement and restore
				the entity's exclusive right to its name.
F.
Waiver of right to a name.
A
				corporation or other legal entity may waive its right to its name by filing a
				statement with the commission that the entity waives its exclusive right to its
				name. Once the commission receives such a waiver, it may release the name of
				the corporation or other legal entity for use by another. If the original
				corporation or other legal entity then wants to reinstate, it must do so under
				another name.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.16 - RULES OF PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
In all matters before the commission involving corporations
				  or other legislatively mandated entities, the commission shall follow the
				  commission rules of procedure. A specific provision in these rules shall
				  control over a conflicting general provision in the commission rules of
				  procedure.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 1 - GENERAL PROVISIONS › Section 12.3.1.17 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A person, corporation or other legal entity aggrieved by any
				  decision of the bureau, director, or commission made pursuant to these rules
				  may appeal the decision to district court in accordance with NMSA 1978 Section
				  39-3-1.1
				  except that appeals concerning the Corporate Reports Act shall be made pursuant
				  to NMSA 1978 Section
				  53-5-7.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 2 - PROFIT CORPORATIONS › Section 12.3.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4
				  and
				  53-18-1.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 2 - PROFIT CORPORATIONS › Section 12.3.2.8 - DOMESTIC PROFIT CORPORATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic profit corporation shall comply with the
				  requirements of the Business Corporations Act, NMSA 1978, Chapter 53, Articles
				  11 through 18.
A.
Filing
				requirements.
A domestic profit corporation shall file all documents
				required by this section in compliance with 12.3.1 NMAC, General Provisions,
				and shall pay all filing fees required by NMSA 1978 Section
				53-2-1.
B.
Name.
A domestic profit
				corporation shall comply with the name requirements in NMSA 1978 Section
				53-11-7
				and may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				formally applying for, or reinstating a name. A corporation in existence on
				June 17, 1983 is deemed to be in compliance with the requirements of NMSA 1978
				Section
				53-11-7
				for a separate word or abbreviation describing the type of corporation
				named.
C.
Filing
				year.
A domestic profit corporation shall file biennial reports and
				supplemental reports with the bureau:
(1) for
				even-numbered taxable year ends if the last digit of its New Mexico certificate
				of incorporation number is an even number;
(2) for odd-numbered taxable year ends if the
				last digit of its New Mexico certificate of incorporation number is an odd
				number;
(3) for the calendar year
				determined by the bureau if it was assigned a duplicate number before 1980; the
				bureau shall notify the corporation of the appropriate filing years.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 2 - PROFIT CORPORATIONS › Section 12.3.2.9 - FOREIGN PROFIT CORPORATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A foreign profit corporation shall comply with the applicable
				  requirements of the Business Corporations Act, NMSA 1978, Chapter 53, Articles
				  11 through 18.
A.
Filing
				requirements.
A foreign profit corporation shall file all documents
				required by this section in compliance with 12.3.1 NMAC, General Provisions,
				and shall pay all filing fees required by NMSA 1978 Section
				53-2-1.
B.
Name.
A foreign profit
				corporation shall comply with the name requirements in NMSA 1978 Section
				53-17-3
				and may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				registering, formally applying for, or reinstating a name. A corporation in
				existence on June 17, 1983 is deemed to be in compliance with the requirement
				of NMSA 1978 Section
				53-11-7
				for a separate word or abbreviation describing the type of corporation
				named.
C.
Filing
				year.
A foreign profit corporation shall file biennial corporate reports
				and supplemental reports with the bureau:
(1)
				for even-numbered taxable year ends if the last digit of its New Mexico
				certificate of authority number is an even number;
(2) for odd-numbered taxable year ends if the
				last digit of its New Mexico certificate of authority number is an odd
				number;
(3) for the calendar year
				determined by the bureau if it was assigned a duplicate number before 1980; the
				bureau shall notify the corporation of the appropriate filing years.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 2 - PROFIT CORPORATIONS › Section 12.3.2.10 - FIRST REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic or foreign profit corporation shall file an
				  initial report on the schedule prescribed by and as required by NMSA 1978
				  Section
				  53-5-2
				  through
				  53-5-9
				  on the commission-prescribed form described in this rule and available as
				  provided in 12.3.1 NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 2 - PROFIT CORPORATIONS › Section 12.3.2.11 - BIENNIAL REPORT AND SUPPLEMENTAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic or foreign profit corporation shall file biennial
				  and supplemental reports as required by NMSA 1978 Section
				  53-5-2
				  through
				  53-5-9
				  on the commission-prescribed form described in this rule and available as
				  provided in 12.3.1 NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 2 - PROFIT CORPORATIONS › Section 12.3.2.12 - REQUIRED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic or foreign profit corporation shall file initial,
				  biennial and supplemental reports as required by NMSA 1978 Section
				  53-5-2
				  through
				  53-5-9
				  on the commission-prescribed form available as provided in 12.3.1 NMAC.
A. First reports, biennial reports and
				supplemental reports shall contain:
(1) exact
				corporate name and U.S. mailing address;
(2) principal place of business in New
				Mexico;
(3) principal office
				outside of New Mexico for a foreign corporation;
(4) NMPRC certificate of
				incorporation/authority number;
(5)
				for foreign corporations: registered place of business in New Mexico if
				different from registered office;
(6) state or country of
				incorporation;
(7) registered agent
				and office located within New Mexico for service or process;
(8) names and addresses of all directors and
				officers;
(9) date and signature
				and title of an authorized officer or agent; and
(10) filing fees.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 3 - NONPROFIT CORPORATIONS › Section 12.3.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  3-29-20,
				  53-8-7,
				  53-8-7.1,
				  53-8-8,
				  53-8-9,
				  53-8-31,
				  53-8-32,
				  53-8-35
				  through
				  53-8-45,
				  53-8-47
				  through
				  53-8-49,
				  53-8-50
				  through
				  53-8-54,
				  53-8-60,
				  53-8-64,
				  53-8-66
				  through
				  53-8-69,
				  53-8-71,
				  53-8-72,
				  53-8-75
				  through
				  53-8-80,
				  53-8-82,
				  53-8-83,
				  53-8-85,
				  53-8-88.1
				  and
				  53-19-60.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 3 - NONPROFIT CORPORATIONS › Section 12.3.3.8 - DOMESTIC NONPROFIT CORPORATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic nonprofit corporation shall comply with the
				  applicable requirements of the Nonprofit Corporation Act, NMSA 1978 Sections
				  53-8-1
				  through
				  53-8-99.
A.
Filing requirements.
A
				domestic nonprofit corporation shall file all documents required by this
				section in compliance with 12.3.1 NMAC, General Provisions, and shall pay all
				filing fees required by NMSA 1978 Section
				53-8-85.
B.
Name.
A domestic nonprofit
				corporation shall comply with name requirements of NMSA 1978 Sections
				53-8-7
				and
				53-8-7.1, and may
				use the procedures in 12.3.1.15 NMAC for inquiring about, reserving, formally
				applying for, or reinstating a name.
C.
Taxable year determination.
(1) When a domestic nonprofit corporation has
				a taxable year which is less than twelve (12) months, the corporation shall
				file satisfactory proof with, and notify the bureau, of its 12-month taxable
				year reporting period for purposes of corporate reports. Satisfactory proof
				shall include appropriately authenticated copies of internal revenue service
				approval of the short taxable year and of the corporation's taxable year
				end.
(2) For a new domestic
				nonprofit corporation for which no taxable year period has been determined, the
				bureau will presume that the corporation's taxable year ends December 31 and
				that the corporation will report on a calendar-year basis. When a new nonprofit
				corporation determines the end of its first taxable year, the corporation will
				notify the bureau within thirty (30) days.
(3) For a domestic nonprofit corporation, for
				which no taxable year has been determined because it is exempt from reporting
				to the internal revenue service or otherwise, the bureau will presume that the
				corporation's taxable year for reporting purposes ends on December 31 and the
				corporation will report on a calendar-year basis.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 3 - NONPROFIT CORPORATIONS › Section 12.3.3.9 - FOREIGN NONPROFIT CORPORATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A foreign nonprofit corporation shall comply with the
				  applicable requirements of the Nonprofit Corporation Act, NMSA 1978 Section
				  53-8-1
				  through
				  53-8-99.
A.
Filing requirements.
A
				foreign nonprofit corporation shall file all documents required by this section
				in compliance with 12.3.1 NMAC, General Provisions, and shall pay all filing
				fees required by NMSA 1978 Section
				53-8-85.
B.
Name.
A foreign nonprofit
				corporation shall comply with the name requirements in NMSA 1978 Sections
				53-8-66
				and
				53-8-67
				and may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				formally applying for, or reinstating a name.
C.
Required documents.
(1)
Certificate of authority.
A
				foreign nonprofit corporation shall obtain a certificate of authority from the
				commission pursuant to NMSA 1978 Section
				53-8-64
				before conducting affairs in New Mexico, by filing an application containing
				the information and supporting documents required in NMSA 1978 Sections
				53-8-68
				and
				53-8-69.
				A foreign nonprofit corporation may obtain an amended certificate of authority
				by meeting the requirements of NMSA 1978 Section
				53-8-76.
(2)
Statement designating registered
				agent and office.
A foreign nonprofit corporation shall have and
				continuously maintain on file with the commission a registered office and agent
				that meet the requirements of NMSA 1978 Sections
				53-8-71
				and
				53-8-72.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 3 - NONPROFIT CORPORATIONS › Section 12.3.3.10 - FIRST REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic or foreign nonprofit corporation shall file an
				  initial report complying with the schedule and requirements of NMSA 1978
				  Sections
				  53-8-82
				  and
				  53-8-83
				  on the commission-prescribed form described in this rule and available as
				  provided in 12.3.1 NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 3 - NONPROFIT CORPORATIONS › Section 12.3.3.11 - ANNUAL REPORT AND SUPPLEMENTAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic or foreign nonprofit corporation shall file annual
				  and supplemental reports as required by NMSA 1978 Sections
				  53-8-82
				  and
				  53-8-83
				  on the commission-prescribed form described in this rule and available as
				  provided in 12.3.1 NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 3 - NONPROFIT CORPORATIONS › Section 12.3.3.12 - REQUIRED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic or foreign nonprofit corporation shall file
				  initial, annual and supplemental reports as required by NMSA 1978 Sections
				  53-8-82
				  and
				  53-8-83
				  on the commission-prescribed form available as provided in 12.3.1 NMAC.
A. First reports, annual reports and
				supplemental reports shall contain:
(1) exact
				corporate name and U.S. mailing address;
(2) principal place of business in New
				Mexico;
(3) principal office
				outside of New Mexico for a foreign corporation;
(4) NMPRC certificate of
				incorporation/authority number;
(5)
				for foreign corporations: registered place of business in New Mexico if
				different from registered office;
(6) state or country of
				incorporation;
(7) registered agent
				and office located within New Mexico for service or process;
(8) names and addresses of all directors and
				officers;
(9) date and signature
				and title of an authorized officer or agent; and
(10) filing fees.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  3-29-16,
				  3-29-17,
				  3-29-17.1,
				  3-29-17.2,
				  3-29-17.4,
				  3-29-17.5,
				  3-29-19,
				  3-29-20,
				  8-8-4,
				  53-2-1,
				  53-4-5,
				  53-4-6,
				  53-4-6.1,
				  53-4-6.2,
				  53-4-7,
				  53-4-34
				  through
				  53-4-37,
				  53-4-40,
				  53-4-41,
				  53-7-35,
				  53-7-36,
				  53-7-39,
				  53-7-42,
				  53-19-66,
				  53-20-3
				  through
				  53-20-15,
				  53-20-17,
				  62-2-1
				  through
				  62-2-3,
				  62-2-13,
				  and
				  75-5-2 through
				  and
				  75-5-5.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to facilitate the formation and
				  continuation of certain legislatively mandated entities as provided by
				  law.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.8 - BUSINESS DEVELOPMENT CORPORATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A business development corporation shall comply with the
				  requirements of the Business Development Corporation Act, NMSA 1978 Sections
				  53-7-18
				  through
				  53-7-46.
A.
Filing requirements.
A
				business development corporation shall file all documents required by this
				section in compliance with 12.3.1 NMAC, General Provisions, and pay all filing
				fees required by NMSA 1978 Section
				53-2-1.
B.
Documents required.
(1)
Articles of incorporation.
Stockholders and members shall file articles of incorporation that meet the
				requirements for incorporation in NMSA 1978 Section
				53-7-23. The
				corporation may amend the articles by complying with NMSA 1978 Sections
				53-7-35 and
				53-7-36.
(2)
Reports.
A business
				development corporation shall file annual reports on its general financial
				condition with the director of the financial institutions division of the
				regulation and licensing department and the commission, pursuant to NMSA 1978
				Section
				53-7-39.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.9 - COOPERATIVE ASSOCIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A cooperative association shall comply with the requirements
				  of the Cooperative Associations Act, NMSA 1978 Sections
				  53-4-1
				  through
				  53-4-45. Once
				  properly formed, a cooperative association shall be deemed a nonprofit
				  corporation as provided in NMSA 1978 Section
				  53-4-1.
A.
Filing requirements.
A
				cooperative association shall file all documents required by this section in
				compliance with 12.3.1 NMAC, General Provisions, and pay all filing fees
				required.
B.
Name.
A
				cooperative association shall comply with the name requirements in NMSA 1978
				Section
				53-4-37,
				and may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				formally applying for, or reinstating a name.
C.
Documents required.
(1)
Articles of incorporation.
A cooperative association formed in compliance with the Cooperative
				Associations Act, NMSA 1978 Sections
				53-4-1
				through
				53-4-45,
				shall file articles of incorporation that meet the requirements of NMSA 1978
				Section
				53-4-5
				with the fee required in NMSA 1978 Section
				53-4-6.
				An association may file amendments to its articles of incorporation with the
				filing fee as provided in NMSA 1978 Section
				53-4-7.
(2)
Certificate of authority.
A
				foreign cooperative association that meets the requirements of NMSA 1978
				Section
				53-4-41 may
				request that the commission issue a certificate of authority to do business in
				New Mexico.
(3)
Statement
				designating registered agent and office.
A cooperative association shall
				have and continuously maintain on file with the commission a registered agent
				and office that meet the requirements in NMSA 1978 Sections
				53-4-6.1
				and
				53-4-6.2,
				and shall pay the fee provided in NMSA 1978 Section
				53-2-1
				for filing the required notice.
(4)
Reports.
A cooperative association shall file annual reports and
				supplemental reports and pay the filing fee as required by NMSA 1978 Section
				53-4-34,
				and is subject to the forfeiture and penalty requirements of NMSA 1978 Section
				53-4-35
				for failure to report.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.10 - FOREIGN BUSINESS TRUSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A foreign business trust shall comply with the requirements
				  of the Foreign Business Trust Registration Act, NMSA 1978 Sections
				  53-20-1
				  through
				  53-20-17.
A.
Filing requirements.
A
				foreign business trust shall file all documents required by this section in
				compliance with the 12.3.1 NMAC, General Provisions, and shall pay filing fees
				required by NMSA 1978 Section
				53-20-17.
B.
Name.
A foreign business
				trust shall meet the requirements for names in NMSA 1978 Sections
				53-20-4
				and
				53-20-5,
				and may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				formally applying for, or reinstating a name.
C.
Documents required.
(1)
Certificate of authority.
In order to transact business in New Mexico, a foreign business trust must
				obtain a certificate of authority by complying with the application
				requirements and process in NMSA 1978 Sections
				53-20-6
				and
				53-20-7.
				A foreign business trust may amend or change its certificate of authority by
				filing the documents required by NMSA 1978 Section
				53-20-8.
(2)
Statement designating registered
				agent and office.
A foreign business trust shall have and continuously
				maintain on file with the commission a registered office and agent that meet
				the requirements in NMSA 1978 Sections
				53-20-9,
				53-20-10,
				and
				53-20-11.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.11 - DOMESTIC LIMITED LIABILITY COMPANIES

Current through Register Vol. 35, No. 13, July 16, 2024
A domestic limited liability company shall comply with the
				  requirements of the Limited Liability Company Act, NMSA 1978 Sections
				  53-19-1
				  through
				  53-19-74.
A.
Filing requirements.
A
				domestic limited liability company shall file all documents required by this
				section in compliance with NMSA 1978 Section
				53-19-9 and
				12.3.1 NMAC, General Provisions, and pay applicable fees required in NMSA 1978
				Section
				53-19-63.
B.
Name.
A domestic limited
				liability company shall meet the requirements for names in NMSA 1978 Sections
				53-19-3 and
				53-19-4, and
				may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				formally applying for, or reinstating a name.
C.
Documents required.
A
				domestic limited liability company shall execute the documents required by this
				section in compliance with the general provisions in NMSA 1978
				53-19-12.
(1)
Articles of organization.
A
				person may form a limited liability company by complying with the requirements
				of NMSA 1978 Section
				53-19-7 and
				filing articles of organization required by NMSA 1978 Sections
				53-19-8,
				53-19-9, and
				53-19-10.
				A domestic limited liability company may amend or restate its articles of
				organization by complying with NMSA 1978 Section
				53-19-11.
(2)
Statement designating registered
				agent and office.
A domestic limited liability company shall have and
				continuously maintain on file with the commission a registered agent and office
				that meet the requirements in NMSA 1978 Sections
				53-19-5.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.12 - FOREIGN LIMITED LIABILITY COMPANIES

Current through Register Vol. 35, No. 13, July 16, 2024
A foreign limited liability company shall comply with the
				  applicable requirements of the Limited Liability Company Act, NMSA 1978 Section
				  53-19-1
				  through
				  53-19-74.
A.
Filing requirements.
A
				foreign limited liability company shall file all documents required by this
				section in compliance with 12.3.1 NMAC, General Provisions, and pay applicable
				fees required in NMSA 1978 Section
				53-19-63.
B.
Name.
A foreign limited
				liability company shall comply with name requirements in NMSA 1978 Section
				53-19-50, and may
				use the procedures in 12.3.1.15 NMAC for inquiring about, reserving, formally
				applying for, or reinstating a name.
C.
Documents required.
(1)
Certificate of
				registration.
Before transacting business in New Mexico, a foreign
				limited liability company shall register with the commission as required by
				NMSA 1978 Sections
				53-19-48
				and
				53-19-49,
				and may amend its certificate of registration pursuant to NMSA 1978 Section
				53-19-51.
(2)
Statement designating registered
				agent and office.
A foreign limited liability company shall have and
				continuously maintain on file with the commission a registered agent and office
				that meet the requirements in NMSA 1978 Sections
				53-19-5.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.13 - SANITARY PROJECTS ACT ASSOCIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A Sanitary Projects Act association shall comply with the
				  requirements of the Sanitary Projects Act, NMSA 1978 Sections
				  3-29-1
				  through
				  3-29-20.
A.
Filing requirements.
A
				sanitary projects act association shall file all documents required by this
				section in compliance with 12.3.1 NMAC, General Provisions.
B.
Name.
A sanitary projects
				act association shall not use a name that is the same as, or confusingly
				similar to, the name of another association or corporation in New Mexico, and
				may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				formally applying for, or reinstating a name.
C.
Documents required.
(1)
Certificate of association.
A sanitary projects act association shall file a certificate of association
				that meet the requirements of NMSA 1978 Sections
				3-29-16
				and
				3-29-17
				with a filing fee of twenty-five dollars ($25.00). A sanitary projects act
				association may file amendments to its articles of incorporation as provided in
				NMSA 1978 Section 53-29-19 with a filing fee of twenty dollars
				($20.00).
(2)
Statement
				designating registered agent and office.
A sanitary projects act
				association shall have and continuously maintain on file with the commission a
				registered agent and office that meet the requirements in NMSA 1978 Sections
				3-29-17.1
				and
				3-29-17.2.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.15 - WATER USERS ASSOCIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A water users association shall comply with the requirements
				  in NMSA 1978 Sections
				  73-5-1
				  through
				  73-5-9.
A.
Filing requirements.
A water
				users associationshall file all documents required by this section in
				compliance with 12.3.1 NMAC, General Provisions.
B.
Name.
A water users
				association shall comply with the name requirements of NMSA 1978 Section
				73-5-2,
				and may use the procedures in 12.3.1.15 NMAC for inquiring about, reserving,
				formally applying for, or reinstating a name.
C.
Certificate of organization
				required.
A water users association shall file a certificate of
				organization that meets the requirements of NMSA 1978 Section
				73-5-2
				in accordance with NMSA 1978 Section
				73-5-3
				with a filing fee of twenty-five dollars ($25.00). An association may file
				amendments to its certificate of organization as provided in NMSA 1978 Section
				73-5-5
				with a filing fee of twenty dollars ($20.00).
D.
Dissolution.
A water users
				association may voluntarily dissolve by complying with the requirements for
				amending its certificate of organization provided in Subsection C of this
				section.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 3 - BUSINESS ASSOCIATIONS › Part 4 - OTHER BUSINESS ENTITIES › Section 12.3.4.16 - WATERWORKS CORPORATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A waterworks corporation shall comply with the requirements
				  of NMSA 1978 Sections
				  62-2-1
				  through
				  62-2-22.
A.
Filing requirements.
A
				waterworks corporation shall file all documents required by this section in
				compliance with 12.3.1 NMAC, General Provisions.
B.
Required articles of
				incorporation.
A waterworks corporation shall file articles of
				incorporation that meet the requirements of NMSA 1978 Sections
				62-2-1,
				62-2-2,
				and
				62-2-3
				with the fees required in NMSA 1978 Section
				53-2-1,
				which may be amended by filing in the same manner as the original articles were
				filed.
C.
Dissolution.
A waterworks corporation shall comply with the requirements
				for dissolution provided in NMSA 1978 Sections
				62-2-13,
				and may file the court order or decree of dissolution with the commission, for
				which no filing fee is required.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All individuals or business entities who file or access
				  Uniform Commercial Code (UCC) records.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  55-9-526 NMSA
				  1978 (Chapter 139, Laws of 2001).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards for
				  uniform requirements to file UCC records. The office of the secretary of state
				  recognizes that the administration of the UCC has an important impact on the
				  economy and upon the rights of the public, in this state and in the United
				  States. The volume of international, interstate and multi-state transactions
				  pursuant to the UCC requires that the administration of the UCC be conducted in
				  a manner that promotes both local and multi-jurisdictional commerce by striving
				  for uniformity in policies and procedures among the various states. As provided
				  in Section
				  55-9-526 NMSA
				  1978, the interpretation and implementation of the filing office's duties and
				  responsibilities shall be expressed in a written set of administrative rules.
				  Such rules have the following purposes:
A. to simplify and improve the administration
				of the UCC by promoting uniform UCC filing procedures in this state and in the
				nation;
B. to simplify the public's
				ability to discover and understand the UCC filing procedures of the various
				states by establishing a uniform framework for describing the
				procedures;
C. to increase public
				access to information; and
D. to
				increase public accountability of the filing office.