Attorney General Opinions and Advisory Letters

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Decision Content

Opinion No. 23-3708

May 22, 1923

BY: MILTON J. HELMICK, Attorney General

TO: Requested by: State Corporation Commission, Santa Fe, New Mexico.

Certificates of Authority Must be Published by Banks the Same as Other Corporations.

OPINION

{*59} This inquiry is whether or not the law requires certificates of authority or amendments of banks to be published.

I find that the provision for publication contained in Section 1018, Code of 1915, is a part of article 1 of the Chapter on Corporations in the Code, and section 1014 of this same article makes all of the provisions of the article expressly applicable to the law governing the incorporation of banks (Section 395, Code of 1915 and following). I cannot find anything in the banking laws to the contrary and, therefore, it is my opinion, that the provision of the law requiring publication of certificates of authority applies to banks as well as other corporations.

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