A. Each motor club shall obtain a certificate of authority by filing a written application with the superintendent as hereinafter provided and otherwise in such form and manner as the superintendent shall require.

B. The applicant shall furnish to the superintendent such data and information as the superintendent may deem reasonably necessary to enable the superintendent to determine, in accordance with the provisions of Chapter 59A, Article 50 NMSA 1978, whether or not a certificate of authority should be issued to the applicant. It shall be executed under oath by the applicant, or if other than an individual, by an authorized officer of the applicant, and the information filed with the application shall include the following:

1. (1) if such applicant is a corporation, a certificate of good standing from the secretary of state, together with the names and addresses of all officers and directors, and the names and addresses of all persons owning in excess of ten percent of the capital stock of the corporation issued and outstanding;
2. (2) if not incorporated, a list of all persons owning an interest in the applicant, the officers thereof and the parties to any operating or management agreement affecting the applicant, together with a copy of such agreement;
3. (3) a financial statement certified by a registered or certified public accountant, as of the end of the next preceding calendar year, presenting fairly, in accordance with generally accepted accounting principles, the financial position of the applicant and containing such other information as the superintendent may prescribe;

4. (4) a copy of its service contract, the terms of which shall not:

   1. (a) contain inconsistent, ambiguous or misleading clauses or exceptions or conditions that deceptively affect the risk purported to be assumed or the service to be performed;
   2. (b) contain any inequitable provision or provisions without substantial benefit to the member or subscriber; or
   3. (c) provide for the payment of fees that are unreasonable in relation to the services agreed to be performed;

5. (5) security in the form of a deposit or bond of not less than twenty-five thousand dollars ($25,000) nor more than two hundred thousand dollars ($200,000) with the amount to be based upon annual membership fees collected from state residents at the following rates:

   Annual Resident Fees Amount of Deposit or Bond $1.00 to $150,000.00 $ 25,000.00 $150,001.00 to $250,000.00 $ 40,000.00 $250,001.00 to $500,000.00 $ 80,000.00 $500,001.00 to $1,000,000.00 $150,000.00 $1,000.001.00 and over $200,000.00

   Annual Resident Fees

   Amount of Deposit or Bond

   $1.00 to $150,000.00

   $ 25,000.00

   $150,001.00 to $250,000.00

   $ 40,000.00

   $250,001.00 to $500,000.00

   $ 80,000.00

   $500,001.00 to $1,000,000.00

   $150,000.00

   $1,000.001.00 and over

   $200,000.00

   The security shall be deposited with the superintendent in trust or in any other manner the superintendent may direct, and the applicant may deposit either government securities having a market value equal to the amount of security required, or a corporate surety bond in the proper amount in such form as the superintendent may prescribe. The bond shall be issued by a surety insurer authorized to do business in this state, and conditioned upon faithful performance by the applicant of its obligations under Chapter 59A, Article 50 NMSA 1978, including payment of any fines, fees or penalties imposed on it or restitution ordered, but the aggregate liability of the surety for all breaches of the conditions of the bond shall in no event exceed the amount of the bond. The surety on the bond shall have the right to cancel the bond by giving thirty days' notice to the superintendent and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of cancellation. The superintendent may promulgate rules and regulations specifying conditions concerning the bond and providing methods for its termination; and

6. (6) the bond or deposit provided for in Paragraph (5) of this subsection shall be maintained so long as the licensee has any outstanding liability or obligation in this state. Upon proof satisfactory to the superintendent that the licensee has ceased to do business and that all its liabilities and obligations have been satisfied, the superintendent shall return the security to the licensee.

History: Laws 1984, ch. 127, § 910; 2013, ch. 75, § 22.

ANNOTATIONS

The 2013 amendment, effective July 1, 2013, required that corporate applicants for certificates of authority obtain a certificate of good standing from the secretary of state; in Subsections B, in the introductory paragraph, in the first sentence, and in Paragraph (5), in the third sentence, deleted "this article" and added "Chapter 59A, Article 50 NMSA 1978"; and in Paragraph (1) of Subsection B, after "good standing from the", deleted "state corporation commission" and added "secretary of state".