A. Each domestic corporation and each foreign corporation authorized to conduct affairs in New Mexico shall file, within the time prescribed by the Nonprofit Corporation Act, on forms prescribed and furnished by the secretary of state to the corporation not less than thirty days prior to the date such report is due, an annual report setting forth:

(1) the name of the corporation and the state or country under the laws of which it is incorporated;

(2) the address of the registered office of the corporation in New Mexico and the name of its registered agent in New Mexico at such address and, in the case of a foreign corporation, the address of its registered office in the state or country under the laws of which it is incorporated and the address of the principal office of the corporation if different from the address of the registered office;

(3) a brief statement of the character of the affairs that the corporation is actually conducting or, in the case of a foreign corporation, that the corporation is actually conducting in New Mexico; and

(4) the names and respective addresses of every director and every officer of the corporation.

B. The report shall be signed and sworn to by any two of the corporation's directors or officers. If the corporation is in the hands of a receiver or trustee, the report shall be executed on behalf of the corporation by the receiver or trustee. A copy of the report shall be maintained at the corporation's principal place of business as contained in the report and shall be made available to the general public for inspection during regular business hours.

History: 1953 Comp., § 51-14-124, enacted by Laws 1975, ch. 217, § 82; 1977, ch. 178, § 13; 1979, ch. 180, § 1; 1989, ch. 294, § 3; 2015, ch. 66, § 6.

The 2015 amendment, effective July 1, 2015, required the secretary of state's office to prescribe and furnish forms for corporations to file their annual report; in the introductory sentence of Subsection A, after "furnished by the", deleted "commission" and added "secretary of state"; in Paragraph (2) of Subsection A, after "registered agent in", deleted "this state" and added "New Mexico"; in Paragraph (3) of Subsection A, after "affairs", deleted "which" and added "that", and after "foreign corporation", deleted "which" and added "that"; in Paragraph (4) of Subsection A, after "addresses of", deleted "directors and officers" and added "every director and every officer"; and in Subsection B, after "any two of", deleted "its" and added "corporation's".

The 1989 amendment, effective January 1, 1990, deleted former Subsection A(5), relating to a statement required if fifty percent or more of the corporation's total annual income is from state and federal sources; in Subsection B, substituted "any two of its directors or officers" for "the president and secretary of the board of directors or, if there are no officers, by the directors" in the first sentence; and deleted former Subsection C, which defined the phrase "state or federal funds" as used in this section.