The commissioner will approve an assignment of mineral lease, in whole or in part, if the commissioner finds:

1. A. the assignment does not create an undivided interest in the lease or any part thereof;
2. B. the assigned portion of the premises is not less than a legal subdivision;
3. C. the assignment is executed in the proper form and by the proper person;
4. D. the lease is in good standing as to the assigned portion of the premises;
5. E. no litigation is pending that could affect the lease or the interest of any person therein;
6. F. the assignee has been pre-qualified pursuant to 19.2.2.21 NMAC; and
7. G. the assignment will not adversely affect the interests of the trust.

[19.2.2.58 NMAC - N, 03/14/2001]