Fees of secretary of state; dishonored check; civil penalty; suspension of future filings.

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A. In addition to any penalties, fees or costs incurred pursuant to the provisions of Section 53-2-3 NMSA 1978, any person who pays a fee, tax, penalty or interest by check to the secretary of state and which check is dishonored upon presentation is liable to the secretary for such fee, tax, penalty or interest, together with a civil penalty of twenty dollars ($20.00) for each such check.

B. The secretary of state shall not accept for filing any document, instrument or paper from a person that is liable to the secretary for a fee, tax, penalty, interest or civil penalty until the liability is discharged.

History: 1978 Comp., § 53-2-3.1, enacted by Laws 1979, ch. 179, § 1; 1993, ch. 311, § 2; 2015, ch. 66, § 3.

ANNOTATIONS

The 2015 amendment, effective July 1, 2015, authorized the secretary of state to suspend filing privileges for any person that is liable to the secretary of state for a fee until the liability is discharged; in the catchline, changed "state corporation commission" to "secretary of state", and added "suspension of future filings"; designated the existing language in the section as Subsection A; in Subsection A, after "costs", deleted "under" and added "incurred pursuant to the provisions of", after "check to the", changed "state corporation commission" to "secretary of state", and after "liable to the", deleted "commission" and added "secretary"; and added Subsection B.

The 1993 amendment, effective July 1, 1993, substituted "twenty dollars ($20.00)" for "ten dollars ($10.00)".


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