New Mexico Statutes 53-11-12. Failure to appoint and maintain registered agent; penalty;
reinstatement.
Terms Used In New Mexico Statutes 53-11-12
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
A. If a corporation fails for a period of thirty days to file the corporate reports required pursuant to Section 53-5-2 N.M. Stat. Ann. or to appoint and maintain a registered agent in this state or has failed for thirty days after change of its registered office or registered agent to file in the office of the commission [secretary of state] a statement of the change, the commission [secretary of state] shall notify the corporation of its delinquency by letter to the corporation’s principal office. If the delinquency is not corrected within sixty days from the date the letter is mailed, the commission [secretary of state] shall issue a certificate of revocation that recites the grounds for revocation and its effective date.
B. A corporation administratively revoked pursuant to this section may apply to the commission [secretary of state] for reinstatement within two years after the effective date of revocation. The application shall:
(1) recite the name of the corporation and the effective date of its administrative revocation;
(2) state that the ground or grounds for revocation either did not exist or have been eliminated; and
(3) state that the corporation’s name satisfies the requirements of Section 53- 11-7 NMSA 1978.
C. If the commission [secretary of state] determines that the application contains the information required by Subsection B of this section and that the information is correct, it shall cancel the certificate of revocation and prepare a certificate of reinstatement that recites its determination and the effective date of reinstatement, file the original of the certificate and serve a copy on the corporation.
D. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative revocation and the corporation resumes carrying on its business as if the administrative revocation had never occurred.