Section 53-17-17 - Revocation of certificate of authority.
53-17-17. Revocation of certificate of authority.
A. The certificate of authority of a foreign corporation to transact business in this state may be revoked by the commission upon the conditions prescribed in this section when:
(1) the corporation has failed to file its annual report timely or has failed to pay any fees or penalties thereon when they became due;
(2) the corporation has failed to appoint and maintain a registered agent in this state as required by the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978];
(3) the corporation has failed, after change of its registered office or registered agent, to file in the office of the commission a statement of the change as required by the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978];
(4) the corporation has failed to file in the office of the commission any amendment to its articles of incorporation or any articles of merger within the time prescribed by the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978]; or
(5) a misrepresentation has been made of any material matter in an application, report, affidavit or other document submitted by the corporation pursuant to the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978].
B. A certificate of authority of a foreign corporation shall not be revoked by the commission unless:
(1) it has given the corporation not less than sixty days' notice thereof by mail addressed to the corporation's mailing address as shown in the most recent annual report filed with the commission; and
(2) the corporation fails, prior to revocation, to file the annual report or pay the fees or penalties or file the required statement of change of registered agent or registered office or file the articles of amendment or articles of merger or correct the misrepresentation.