N.M. Stat. § 58-13C-303
registration by coordination.
A. A security for which a registration statement has been filed pursuant to the
federal Securities Act of 1933 in connection with the same offering may be registered by
coordination pursuant to this section.
B. A registration statement and accompanying records pursuant to this section must
contain or be accompanied by the following records in addition to the information
specified in Section 305 [58-13C-305 NMSA 1978] of the New Mexico Uniform
Securities Act and a consent to service of process complying with Section 611 [58-13C-
611 NMSA 1978] of that act:
(1)
a copy of the latest form of prospectus filed pursuant to the federal
Securities Act of 1933;
(2)
a copy of the articles of incorporation and bylaws or their substantial
equivalents currently in effect; a copy of any agreement with or among underwriters; a
copy of any indenture or other instrument governing the issuance of the security to be
registered; and a specimen, copy or description of the security that is required by rule
adopted or order issued pursuant to the New Mexico Uniform Securities Act;
(3)
copies of any other information or any other records filed by the issuer
pursuant to the federal Securities Act of 1933 requested by the director; and
(4)
an undertaking to forward each amendment to the federal prospectus,
other than an amendment that delays the effective date of the registration statement,
promptly after it is filed with the securities and exchange commission.
C. A registration statement pursuant to this section becomes effective
simultaneously with or subsequent to the federal registration statement when all of the
following conditions are satisfied:
(1)
a stop order pursuant to Subsection D of this section or Section 306 [58-
13C-306 NMSA 1978] of the New Mexico Uniform Securities Act or issued by the
securities and exchange commission is not in effect and a proceeding is not pending
against the issuer pursuant to Section 306 of the New Mexico Uniform Securities Act;
and
(2)
the registration statement has been on file for at least twenty days or a
shorter period provided by rule adopted or order issued pursuant to the New Mexico
Uniform Securities Act.
D. The registrant shall promptly notify the director in a record of the date when the
federal registration statement becomes effective and of the content of any price
amendment and shall promptly file a record containing the price amendment. If the
notice is not timely received, the director may issue a stop order, without prior notice or
hearing, retroactively denying effectiveness to the registration statement or suspending
its effectiveness until compliance with this section. The director shall promptly notify the
registrant of an order by telegram, telephone or electronic means and promptly confirm
this notice by a record. If the registrant subsequently complies with the notice
requirements of this section, the stop order is void as of the date of its issuance.
E. If the federal registration statement becomes effective before each of the
conditions in this section is satisfied or is waived by the director, the registration
statement is automatically effective pursuant to the New Mexico Uniform Securities Act
when all the conditions are satisfied or waived. If the registrant notifies the director of
the date when the federal registration statement is expected to become effective, the
director shall promptly notify the registrant by telegram, telephone or electronic means
and promptly confirm this notice by a record, indicating whether all the conditions are
satisfied or waived and whether the director intends the institution of a proceeding
pursuant to Section 306 of the New Mexico Uniform Securities Act. The notice by the
director does not preclude the institution of such a proceeding.