Current through Register Vol. 35, No. 11, June 11, 2024
Section 12.3.4.12 - FOREIGN LIMITED LIABILITY COMPANIESA 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.D. Cancellation of registration. A foreign limited liability company may cancel its registration by complying with the requirements of NMSA 1978 Section 53-19-52.E. Merger and conversion. A foreign limited liability company may file with the commission a certified copy of merger or conversion documents filed and approved in its state of organization and the filing fee required in NMSA 1978 Section 53-19-63.F. Administrative revocation and reinstatement. The commission may administratively revoke a foreign limited liability company by issuing a certificate of revocation under the circumstances provided in NMSA 1978 Section 53-19-66.1. If the commission administratively revokes a foreign limited liability company, it shall notify the company of its right to reinstatement. A foreign limited liability company may apply to the commission for reinstatement following the process and within the time period provided in NMSA 1978 Section 53-19-66.2.12.3.4.12 NMAC - N, 7-15-05