New Mexico § 58-1-57 - Application for permission to file corporate papers

§ 58-1-57. Application for permission to file corporate papers

A. After the capital structure has been fully subscribed, the organizers may apply

to the director for permission to file with the state corporation commission [public

regulation commission]. If no application for permission to file corporate papers is filed within one hundred

eighty days following the filing of notice of intention, the application period may

be extended for an additional one hundred eighty days, at the director's discretion. The agent for service shall submit a written request for extension prior to the

expiration date of the original notice of intention and shall pay an extension fee

of twenty-five hundred dollars ($2,500). The director shall respond to the written request for extension within five business

days. All solicitation and collection activities concerning stock subscriptions shall

be halted during the period following the expiration of the original notice of intention

and shall resume only when the director approves the extension request. The organizers shall submit with the application: (1) the proposed articles of incorporation in quadruplicate, in such form as the director

prescribes, containing: (a) the name of the state bank; (b) if the state bank is to exercise trust powers, a statement to that effect; (c) the community in which it is to be located; (d) the amount of capital, the number of shares, the par value of the shares, the

amount of surplus and undivided profits and organization expenses; (e) a statement indicating whether voting for directors shall or shall not be cumulative

and the extent of the preemptive rights of stockholders; (f) the name and address of agent for service of process; and (g) such other proper provisions to govern the business and affairs of the state bank

as may be desired by the incorporators; and (2) a copy of proposed bylaws. B. The application shall be in such form and contain such information as the director

may require, including: (1) the name and residence of each subscriber and the number of shares for which he

has subscribed; and (2) the address at which it is proposed that the state bank do business or, if the

address is not known, the area within the community in which it is proposed that the

business be located. C. If the proposed articles of incorporation, the application or any other accompanying

documents do not comply with the requirements of the Banking Act, the director shall

within twenty days after the receipt thereof notify the incorporators of the defect

therein.