New Mexico Administrative Code

Permanent.

December 15, 2009, unless a later date is cited at the end of a section.

The purpose of this rule is to facilitate the formation and continuation of nonprofit corporations as provided by law.

See 12.3.1.7 NMAC.

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 wit…

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 1…

New Mexico Public Regulation Commission.

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.…

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 …

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 com…

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 …

A sanitary projects act association shall file, together with a filing fee of ten dollars ($10.00), annual and supplemental reports as required by NMSA 1978 Sections 3-29-17.4 and 3-29-17.5 on the following commission-prescribed form available as provided in 12.3.1 NMAC. RETURN T…

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 …

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…

This rule applies to certain legislatively mandated legal entities, unless exempted by law.

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, 53-20-1…

Permanent.

July 15, 2005.

The purpose of this rule is to facilitate the formation and continuation of certain legislatively mandated entities as provided by law.

See 12.3.1.7 NMAC.

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 complianc…

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 …

Office of the Secretary of State

In addition to the promulgation of these rules, the filing office will disseminate information of its location, mailing address, telephone and fax numbers, and its internet and other electronic "addresses" through usual and customary means. A. Addresses to file.(1) Via postal ser…

Although the filing office maintains regular office hours, it receives transmissions electronically and by telefacsimile 24 hours per day, 365 days per year, except for scheduled maintenance and unscheduled interruptions of service. Electronic communications may be retrieved and …

UCC documents may be tendered for filing at the filing office as follows: A. Personal delivery, at the filing office's street address. The file time for a UCC document delivered by this method is the time of delivery of the UCC document to the filing office (even though the UCC d…

The filing officer uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names of debtors named on financing statements which have not lapsed. The rules in this …

The primary data elements used in the UCC information management system are the following. A. Identification numbers. (1) Each initial financing statement is identified by its file number as described in Subsection E of 12.6.2.7 NMAC. Identification of the initial financing state…

For the purpose of these rules, an "individual debtor name" is any name provided as a debtor name in a UCC record in a format that indentifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of…

This rule applies to the name of an organization who is a debtor or a secured party on a UCC document. A. Single field. The names of organizations are stored in files that include only the names of organizations and not the names of individuals. A single field is used to store an…

The debtor name to be provided on a financing statement when the collateral is being administered by a decedent's personal representative is the name of the relevant decedent. In order for the information management system to function in accordance with the usual expectations of …

The debtor name to be provided when the collateral is held in a trust that is not a registered organization is the name of the trust as set forth in its organic record(s), if the trust has such a name or, if the trust is not so named, the name of the trust's settl or. In order fo…

Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follows. A. Status of secured party. Each secured party named on an initial financing statement shall be a secured party of record, except that if the…

Upon the filing of an amendment the status of the parties and the status of the financing statement shall be as follows. A. Status of secured party and debtor. An amendment shall affect the status of its debtor(s) and secured party(ies) as follows:(1) Collateral amendment or addr…

A. Status of the parties. An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record. B. Status of financing statement. An assignment shall have no effect upo…

A. Continuation of lapse date. Upon the timely filing of one or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be postponed for five years. B. Status of parties. The filing of a continuation shall have no effect upon the st…

A. Status of parties. The filing of a termination shall have no effect upon the status of any party to the financing statement. B. Status of financing statement. A termination shall have no effect upon the status of the financing statement and the financing statement shall remain…

A. Status of parties. The filing of an information statement shall have no effect upon the status of any party to the financing statement. B. Status of financing statement. An information statement shall have no effect upon the status of the financing statement. C. Filing informa…

If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office. On the first anniversary of such lapse date, the information management system renders or is ca…

National standard forms for UCC documents as approved by the international association of corporation administrators (IACA) are designated as the standard forms for filing a written financing statement and amendment. These standard forms are provided in Section 55-9-521 NMSA 1978…

The filing office will make lists of forms suppliers available to prospective filers and remitters upon request.

A remitter may be authorized for XML transmission upon the written authorization of the filing officer. The filing officer may authorize a remitter to engage in XML transmissions if the remitter holds an account for the billing of fees by the filing officer and the filing officer…

The fees to file UCC documents as set forth in Chapter 55, Article 9, Section 525 NMSA 1978 are as follows. A. For UCC documents communicated in writing on a form prescribed by the filing office, the fee for filing and indexing a UCC document of one, two or three pages is $20.00.…

Filing fees and fees for public records services may be paid by the following methods. A. Cash. The filing officer discourages cash payment unless made in person at the filing office. B. Checks. Checks made payable to the 'office of the secretary of state', including checks in an…

Sections 12.6.2.199 NMAC through 12.6.2.215 NMAC contain rules describing the filing procedures of the filing officer upon and after receipt of a UCC document. It is the policy of the filing officer to promptly file a document that conforms to these rules. Except as provided in t…

All individuals or business entities who file or access Uniform Commercial Code (UCC) records.

A. Overpayment. The filing office will not refund any amount of overpayment. B. Underpayment. Upon receipt of a document with an insufficient fee, the filing officer will do one of the following. (1) A notice of the deficiency will be sent to the remitter and the document shall b…