Instructions For Completing Form Fpr/f-Stmnt printable pdf download

FOREIGN PROFIT QUALIFICATION

PUBLIC REGULATION COMMISSION

CORPORATIONS BUREAU

CHARTERED DOCUMENTS DIVISION

P.O. BOX 1269

SANTA FE, NEW MEXICO 87504-1269

(505) 827-4511

REQUIREMENTS TO QUALIFY A FOREIGN PROFIT CORPORATION

(53-17-5 TO 53-17-6 NMSA 1978)

FILING FEES: Application for Certificate of Authority, $200 (minimum) and up to

$1000 (maximum) (filing fee is determined by the number of authorized shares of the corporation and the

estimated dollar amounts provided in item #10 of the application, calculated as follows:

the total of item 10(a) + 10(c) is divided by the total of item 10(b) + 10(d), multiplied by the total number of

shares in item 8, divided by 1,000, multiplied by $1; final dollar amount is the filing fee, but in no case will the

fee be less than $200 nor more than $1000) (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 corporation’s records). The following fees apply only if you want an additional copy

or copies to be certified: $25 per certified copy; if you do not provide an extra copy, a reproduction fee of $1

per page, minimum $10 is charged in addition to the $25 certification fee. Payment of fees must be made by

check or 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 shall transact business in this state until it has procured a

Certificate of Authority to do so from this commission. Certain activities do not constitute transacting business,

and do not require a Certificate of Authority. For purposes of the Business Corporation Act, and without

excluding other activities, a foreign corporation engaged in the following activities shall not be considered to be

transacting business 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 shareholders or carrying on other activities concerning its internal

affairs;

c. maintaining bank accounts;

d. maintaining offices or agencies for the transfer, exchange and registration of its securities, or appointing

and maintaining trustees or depositaries with relation to its securities;

effecting sales through independent contractors;

f. soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the

orders require acceptance without this state before becoming binding contracts;

g. creating as borrower or lender, or acquiring indebtedness or mortgages or other security interest in real

or personal property;

h. securing or collecting debts or enforcing any rights in property securing them;

i. transacting any business in interstate commerce;

j. 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; or

k. investing in or acquiring, in transactions outside New Mexico, royalties and other nonoperating mineral

interests and the execution of division orders, contracts of sale and other instruments incidental to the

ownership of the nonoperating mineral interests.

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

Instructions For Completing Form Fpr/f-Stmnt

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