N.M. Admin. Code § 15.11.23.8 - CHANGE OF OWNERSHIP
A. All
licensees must notify the division of any reportable change of ownership of the
licensee or agent lessee by filing an application for change in ownership with
the division, together with the filing fee shown on the fee schedule of these
rules. The division shall determine whether the reportable change of ownership
requires an application for change in ownership or an application for change in
structure.
B. A reportable change
of ownership in a transferrable license arises when any of the following events
occurs since the last application was filed with the division:
(1) if the licensee is a corporation: when a
total of ten percent or more of its stock is transferred, when an existing
stockholder previously not disclosed, pursuant to Section
60-6B-2 of the act, NMSA 1978, now
holds ten percent or more stock in licensee or when there is a merger or
consolidation of the licensee with another entity;
(2) if the licensee is a limited liability
company: when ten percent or more of the membership interests are transferred,
when an existing member previously not disclosued, pursuant to Section
60-6B-2 of the act, NMSA 1978, now
holds ten percent or more of the membership interest in licensee or when there
is a merger or consolidation of the licensee with another entity;
(3) if the licensee is a general partnership:
when there is any change or removal of any general partners;
(4) if the licensee is a limited partnership:
when there is any change of general partners, or any change of limited partners
contributing ten percent or more of the total value of the contributions made
to the limited partnership or any change in the limited partners entitled to
ten percent or more of the profits earned, or other compensation by way of
income paid by the limited partnership;
(5) if the licensee is a trust: when there is
any change in the trustees or beneficiaries; or
(6) if the licensee is any other legal entity
that is not a corporation, limited liability company, general partnership, or
limited partnership: any person or entity becomes the owner of ten percent or
more interest through one or more transactions or when a total of ten percent
or more interest in the licensee entity or license has been
transferred.
Notes
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