New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 8 - CHANGES IN CERTIFICATES AND PERMITS
Section 18.3.8.10 - CHANGES IN FORM OF LEGAL ENTITY; NAME; OR CONTROL OF A HOLDER OF THE CERTIFICATE OR PERMIT

Universal Citation: 18 NM Admin Code 18.3.8.10

Current through Register Vol. 35, No. 6, March 26, 2024

A. An application for a change of name, form of legal entity, or control of a holder of the certificate or permit through issuance or transfer of stock or other legal interest in a holder that is a corporation, partnership, trust or other legal business entity shall be on the form prescribed by the director and shall include:

(1) the original certificate or permit;

(2) the fee required by Section 65-2A-36 NMSA 1978;

(3) the information and documents required by Paragraphs (1), (2), (5) through (8), and (14) of Subsection A of 18.3.2.13 NMAC

(4) if the application is for a change in name, the applicable insurance filing forms in the new name;

(5) a showing that the proposed change is not being made to avoid any previously incurred taxes or other legal obligations, or to circumvent any otherwise applicable requirements of these rules or the Motor Carrier Act; and

(6) if the application is for a change in form of legal entity or in control of a holder, a statement that all assets will or will not be transferred to the new entity.

B. If the applicant fails to comply with any of the requirements of Subsection A of this section, the director may not approve the application. If the director determines the filing is complete, the director shall promptly issue a new certificate or permit. The new entity shall file copies of all documentation required by 18.3.2.13 NMAC if that documentation is different from that documentation of the old entity.

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