One or more persons or a domestic or foreign corporation may act as incorporator of a corporation by signing and delivering an original and a copy, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original, to the commission [secretary of state] of articles of incorporation for the corporation.

History: 1953 Comp., § 51-25-1, enacted by Laws 1967, ch. 81, § 49; 2003, ch. 318, § 34.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2013, ch. 75, § 9 provided that as of July 1, 2013, the secretary of state, pursuant to N.M. const., Art. 11, § 19, shall assume responsibility for chartering corporations as provided by law, including the performance of the functions of the former corporations bureau of the public regulation commission, and that except for Subsection D of 53-5-8 NMSA 1978, references to the "public regulation commission", "state corporation commission" or "commission" shall be construed to be references to the secretary of state. See 8-4-7 NMSA 1978.

Compiler's notes. — This section is derived from Section 53 of the ABA Model Business Corporation Act.

The 2003 amendment, effective July 1, 2003, deleted "or incorporators" following "act as incorporator" and substituted "an original and a copy, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original" for "in duplicate" following "signing an delivering".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18A Am. Jur. 2d Corporations §§ 189, 190.

Liability of attorney for improper or ineffective incorporation of client, 40 A.L.R.4th 535.

18 C.J.S. Corporations § 25 et seq.