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.