A. The organizer or organizers of a limited liability company shall file with the commission [secretary of state]:

(1) the signed original of the articles of organization, together with a duplicate copy, which may be either signed, photocopied or conformed;

(2) the statement of the person appointed registered agent, accepting appointment as registered agent; and

(3) any other documents required to be filed pursuant to the Limited Liability Company Act.

B. The commission [secretary of state] may accept a facsimile transmission for filing.

C. If the commission [secretary of state] determines that the documents delivered for filing conform with the provisions of the Limited Liability Company Act, it shall, when all required filing fees have been paid:

(1) endorse on each signed original and duplicate copy the word "filed" and the date of its acceptance for filing;

(2) retain a signed original in the files of the commission [secretary of state]; and

(3) return each duplicate copy to the person who delivered it to the commission [secretary of state] or to that person's representative.

History: Laws 1993, ch. 280, § 9; 1999, ch. 132, § 3; 2003, ch. 318, § 52.

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.

The 2003 amendment, effective July 1, 2003, substituted "statement" for "affidavit" near the beginning of Paragraph A(2).

The 1999 amendment, effective July 1, 1999, inserted "organizer or" in Subsection A.