[Call for stockholders' meeting when authority is lacking; warrant of magistrate.]

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Whenever, from any cause, there is no person authorized to call or preside at a meeting of the stockholders, any justice of the peace [magistrate] of the county where the principal place of business of the corporation is established, may, on written application of three or more of the stockholders, issue a warrant to one of the stockholders directing him to call a meeting of the stockholders, by giving the notice required in other cases; and said justice [magistrate] may in the same warrant direct such stockholder to preside at such meeting until a clerk is chosen and qualified, if there is no other officer present legally authorized to preside thereat.

History: Laws 1878, ch. 1, ch. [tit.] 3, § 7; C.L. 1884, § 2639; C.L. 1897, § 3821; Code 1915, § 4679; C.S. 1929, § 116-127; 1941 Comp., § 74-132; 1953 Comp., § 69-1-32.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

The office of justice of the peace was abolished, and the jurisdiction, powers and duties were transferred to the magistrate court. See 35-1-38 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18A Am. Jur. 2d Corporations §§ 958, 989.


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