N.M. Stat. § 62-15-15
Effect of consolidation or merger.
The effect of consolidation or merger shall be as follows:
A. the several cooperatives, parties to the consolidation or merger, shall be a single
cooperative, which in the case of a consolidation shall be the new cooperative provided
for in the articles of consolidation and in the case of a merger shall be that cooperative
designated in the articles of merger as the surviving cooperative, and the separate
existence of all cooperatives, parties to the consolidation or merger, except the new or
surviving cooperative shall cease;
B. the new or surviving cooperative shall have all the rights, privileges, immunities
and powers and shall be subject to all the duties and liabilities of a cooperative
organized under the provisions of the Rural Electric Cooperative Act. It shall possess all
the rights, privileges, immunities and franchises, of a public as well as of a private
nature, and all property, real and personal, applications for membership, all debts due
on whatever account and all other choses in action of each of the consolidating or
merging cooperatives, and every interest of or belonging or due to each of the
cooperatives consolidated or merged shall be deemed to be transferred to and vested in
the new or surviving cooperative without further act or deed. The title to any real estate,
or any interest therein, under the laws of this state vested in any such cooperatives shall
not revert or be in any way impaired by reason of the consolidation or merger;
C. the new or surviving cooperative shall thenceforth be responsible and liable for
all of the liabilities and obligations of each of the cooperatives consolidated or merged,
and any claim existing, or action or proceeding pending, by or against any of such
cooperatives may be prosecuted as if the consolidation or merger had not taken place,
but the new or surviving cooperative may be substituted in its place;
D. neither the rights of creditors nor any liens upon the property of any of such
cooperatives shall be impaired by the consolidation or merger; and
E. in the case of a consolidation, the articles of consolidation shall be deemed to be
the articles of incorporation of the new cooperative; and in the case of a merger, the
articles of incorporation of the surviving cooperative shall be deemed to be amended to
the extent, if any, that changes in the articles of incorporation are provided for in the
articles of merger.