The articles of amendment shall be executed by the corporation by two authorized officers of the corporation and shall set forth:

1. A. the name of the corporation and, if different, include any name under which it proposes to transact business in New Mexico;
2. B. the amendment so adopted;

3. C. if there are members entitled to vote thereon:

   1. (1) a statement setting forth the date of the meeting of members at which the amendment was adopted, that a quorum was present at the meeting and that the amendment received at least two-thirds of the votes that members present at the meeting or represented by proxy were entitled to cast; or
   2. (2) a statement that the amendment was adopted by a consent in writing signed by all members entitled to vote with respect thereto; and
4. D. if there are no members, or no members entitled to vote thereon, a statement of such fact, the date of the meeting of the board of directors at which the amendment was adopted and a statement of the fact that the amendment received the vote of a majority of the directors in office.

History: 1953 Comp., § 51-14-79, enacted by Laws 1975, ch. 217, § 37; 2003, ch. 318, § 13; 2021, ch. 68, § 2.

ANNOTATIONS

The 2021 amendment, effective July 1, 2021, required corporate articles of amendment to include any name under which the corporation proposes to transact business in New Mexico if different than the corporate name; and in Subsection A, after "corporation", added "and, if different, include any name under which it proposes to transact business in New Mexico".

The 2003 amendment, effective July 1, 2003, in the introductory paragraph, deleted "in duplicate" following "shall be executed" and substituted "two authorized officers of the corporation" for "its president or a vice president and by its secretary or an assistant secretary" following "the corporation by".