New Mexico Administrative Code
Title 15 - GAMBLING AND LIQUOR CONTROL
Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS
Part 8 - ACCOUNTING REQUIREMENTS UNDER THE GAMING CONTROL ACT
Section 15.1.8.11 - RECORDS OF OWNERSHIP OF LICENSEE

Universal Citation: 15 NM Admin Code 15.1.8.11

Current through Register Vol. 35, No. 18, September 24, 2024

A. Each company licensee that is a corporation shall keep on the premises of its gaming establishment and shall provide to the board or audit and compliance services division, upon request, the following corporate documents:

(1) a certified copy of the articles of incorporation, and any amendments;

(2) a copy of the bylaws and any amendments;

(3) a copy of the certificate of authority issued by the New Mexico secretary of state authorizing the corporation to transact business in the state;

(4) a list of all current and former officers and directors;

(5) minutes of all meetings of the corporation's shareholders;

(6) minutes of all meetings of the corporation's directors;

(7) a list of all shareholders, including each shareholder's name, address, number of shares held, and the date the shares were acquired;

(8) the stock certificate ledger;

(9) a record of all transfers of the corporation's stock; and

(10) a record of amounts paid to the corporation for issuance of stock and any other capital contributions.

B. A company licensee that is a partnership shall keep on the premises of its gaming establishment and provide to the board or audit and compliance services division upon request, the following partnership documents:

(1) a copy of the partnership agreement and the certificate of limited partnership, if applicable;

(2) a list of the partners, including names, addresses, percentage of interest held by each, amount and date of each capital contribution of each partner, date the interest was acquired, and salary paid by the partnership to each partner; and

(3) a record of all withdrawals of partnership funds or assets.

C. A company licensee that is a limited liability company shall keep on the premises of its gaming establishment, and provide to the board or audit and compliance services division upon request, the following documents:

(1) a list of the full name and last known mailing address of all current and former members and managers;

(2) a copy of the articles of organization and all amendments or restatements of the articles;

(3) a copy of every current and prior operating agreement, and every amendment thereto;

(4) a current statement of capital contributions made by each member, including the amount of cash and the agreed value of other property received by the limited liability company and the agreed value of services as a capital contribution rendered by each member to the limited liability company;

(5) a statement of the cash, property and services that each member has agreed to contribute or render to the limited liability company in the future, and of the principal balance outstanding under any promissory note payable in respect of a capital contribution, and the amount of the capital contribution with which each such member will be credited upon receipt of such cash, property or services by the limited liability company; and

(6) a statement of the times at which, or events the occurrence of which, will require additional contributions to or withdrawals from capital.

D. Each sole proprietorship licensee shall keep on the premises of its gaming establishment, or provide to the board or audit and compliance services division upon request, a schedule that shows the name and address of the proprietorship, the amount and date of the proprietor's original investment and any additions and withdrawals.

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