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Application For Certificate Of Authority (Foreign Nonprofit Corp) FNP - New Mexico
| Application For Certificate Of Authority (Foreign Nonprofit Corp) Form. This is a New Mexico form and can be used in Corporation Corporation Bureau Public Regulation Commission . |
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FOREIGN NONPROFIT QUALIFICATION FOREIGN NONPROFIT QUALIFICATION PUBLIC REGULATION COMMISSION CORPORATIONS BUREAU P.O. BOX 1269 SANTA FE, NEW MEXICO 87504-1269 (505) 827-4511 REQUIREMENTS TO QUALIFY A FOREIGN NONPROFIT CORPORATION (53-8-68 TO 53-8-69 NMSA 1978) FILING FEES: Application for Certificate of Authority , $25 (submit a signed original of the application, together with a duplicate copy which may be either signed or photocopied; the duplicate copy and a Certificate of Authority will be returned for the corporations recorThds)e. following fees apply only if you want an additional copy or copies to be certified: $10 per certified copy; if you do not provide the extra copy, a reproduction fee of $1 per page, minimum $5 is charged in addition to the $10 certification fee. Payment of fees must be made bcheck or y money order, made payable to the New Mexico Public Regulation Commission, or NMPRC. The PRC does not accept cash payment for any fees. PURPOSE OF FILING: No foreign corporation has the right to conduct affairs in New Mexico until it has procured a Certificate of Authority to do so from this commission. Certain activities do not constitute conducting affairs, and do not require a Certificate of Authority. For purposes of the Nonprofit Corporation Act, and without excluding other activities, a foreign corporation engaged in the following activities shall not be considered to be conducting affairs in this state: a. maintaining or defending any action or suit or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; b. holding meetings of its directors or members or carrying on other activities concerning its internal affairs; c. maintaining bank accounts; d. creating evidences of debt, mortgages or liens on real or personal property; e. securing or collecting debts due to it or enforcing any rights in property securing the same; f. conducting its affairs in interstate commerce; g. granting funds; h. distributing information to its members; or i. conducting an isolated transaction completed within a period of thirty days and not in the course of a number of repeated transactions of like nature. A foreign corporation transacting business in New Mexico without a Certificate of Authority shall not be permitted to maintain any action, suit or proceeding in any court of this state until the corporation has obtained such authority, but the failure to obtain a Certificate of Authority does not impair the validity of any contract or act of the corporation, and does not prevent the corporation from defending any action, suit or proceeding in any district court of this state. A foreign corporation which conducts affairs in New Mexico without a Certificate of Authority is liable to this state, for the years or parts thereof during which such affairs were conducted, an amount equal to all fees which would have been imposed upon the corporation had it applied for and received a Certificate of Authority and thereafter filed all reports required, plus all penalties for failure to pay the fees. The Attorney General shall bring proceedings to recover all amounts due New Mexico under the provisions of the Nonprofit Corporation Act. If you are unable to make a determination based upon the foregoing criteria, you will need to consult with your own attorney or certified public accountant. The Public Regulation Commission cannot provide legal advice concerning a corporations need to qualify to conduct affairs in New Mexico. FILING OF APPLICATION FOR CERTIFICATE OF AUTHORITY: The applying corporation shall file with the commission: (1) the signed original of the application for Certificate of Authority, together with a duplicate copy which may be either signed or photocopied; (2) a statement signed by the registered agent acknowledging acceptance of that appointment (a foreign corporation authorized to conduct affairs in New <<<<<<<<<********>>>>>>>>>>>>> 2Mexico shall have and continuously maintain a physical registered office address and a registered agent for service of process at that address);(3) a certificate of good standing / existence, issued by the appropriate official custodian of corporate records for the state or country where the corporation originally incorporated (certificate must be original or electronically issued; certificate must be current within thirty days, or has not expired, upon submission to the commission); and (4) $25 filing fee. If the commission determines that the documents delivered for filing conform with the provisions of the Nonprofit Corporation Act, is shall, when all required filing fees have been paid, retain the signed original in the files of the commission and return the duplicate together with a Certificate of Authority. EXECUTION OF DOCUMENTS: The application for Certificate of Authority shall be executed (signed) by two officers of the corporation. The registered agents statement shall be signed by the person designated in the application as registered agent, if the agent is an individual, or, if the designated registered agent is a corporation, by an authorized officer of that corporation. NOTE: Please refer to Sections 53-8-64 to 53-8-83 of the New Mexico Nonprofit Corporation Act for the complete statutes governing a foreign nonprofit corporation in New Mexico. A copy of the statutes can be obtained from this office at your request. The Corporations Bureau can only act in an administrative capacity. We cannot offer you legal advice or opinion on your particular filing. We recommend that you consult with your own attorney and accountant during the process of qualification as a foreign corporation. INCLUDED IN THIS PACKET ARE INSTRUCTIONS FOR COMPLETING OUR FORMS. PLEASE FOLLOW THESE INSTRUCTIONS CAREFULLY. Please visit our website at: www.nmprc.state.nm.us <<<<<<<<<********>>>>>>>>>>>>> 3 DOCUMENTS MUST BE TYPED OR PRINTED LEGIBLY Instructions For Completing Form DNP (Articles of Incorporation) Article One: Enter the complete corporate name. Please note that the official corporate name is determined from Article One, exactly as set forth including punctuation.. A dba name or aka name cannot be included as part of the corporate name in Article One. Article Two: Enter the desired period of existence of the corporation. This may be stated as perpetual, meaning the corporation will exist until the corporation chooses to dissolve, or as a specific period of time or date upon which
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