A. A foreign business trust, in order to obtain a certificate of authority to transact business in New Mexico, shall make application to the secretary of state. The application shall set forth:

(1) the name of the foreign business trust and, if different, the name under which it proposes to transact business in New Mexico;

(2) the date of declaration of trust;

(3) the address of the principal office of the foreign business trust in the state or country under the laws of which it is organized;

(4) the address of the registered office of the foreign business trust in New Mexico, the name of its registered agent in New Mexico at that address and an acceptance of the appointment signed by the agent appointed; and

(5) the purposes of the foreign business trust that it proposes to pursue in the transaction of business in New Mexico.

B. The application shall be made on forms prescribed and furnished by the secretary of state or on forms containing substantially the same information as forms prescribed by the secretary and shall be executed by a person with authority to do so under the laws of the state or jurisdiction of its formation.

C. A foreign business trust shall deliver with the completed application a certificate of good standing and compliance issued by the appropriate official of the state or country having custody of trust records under the laws of which the trust is created, that is current within thirty days and that has not expired by the time of receipt by the secretary.

History: Laws 2001, ch. 200, § 88; 2003, ch. 318, § 60; 2015, ch. 66, § 13.

The 2015 amendment, effective July 1, 2015, required foreign business trusts to file applications for a certificate of authority with the secretary of state; in the introductory language of Subsection A, after "business in", deleted "this state" and added "New Mexico", and after "application to the", deleted "public regulation commission" and added "secretary of state"; in Paragraph (1) of Subsection A, after "business in", deleted "this state" and added "New Mexico"; in Paragraph (4) of Subsection A, after "trust in", deleted "this state" and added "New Mexico", and after "agent in", deleted "this state" and added "New Mexico"; in Paragraph (5) of Subsection A, after "business in", deleted "this state" and added "New Mexico"; in Subsection B, after "furnished by the", deleted "public regulation commission" and added "secretary of state", and after "prescribed by the", deleted "commission" and added "secretary"; and in Subsection C, after "certificate of", deleted "existence, or a document of similar import, duly authenticated by the secretary of state or other official having custody of trust records in the state or jurisdiction under whose law it is created" and added the remainder of the section.

The 2003 amendment, effective July 1, 2003, inserted "or on forms containing substantially the same information as forms prescribed by the commission" following "public regulation commission" in Subsection B.