N.M. Stat. § 62-15-3
Powers.
A cooperative shall have power to:
A. sue and be sued, complain and defend, in its corporate name;
B. have perpetual existence by its corporate name;
C. adopt a corporate seal and alter the same at pleasure, and to use the seal by
causing it or a facsimile of it to be impressed or affixed or in any other manner
reproduced; but failure to have or to affix a corporate seal does not affect the validity of
any instrument or any action taken in pursuance of or in reliance on any instrument;
D. own, operate, lease or control plant, property and facilities for the generation,
transmission or distribution, sale or furnishing of electricity for light, heat or power or
other uses; and to generate, manufacture, purchase, acquire, accumulate and transmit
electric energy; and to distribute, sell, supply and dispose of electric energy in rural
areas to or for its members, governmental agencies and political subdivisions and the
general public;
E. make loans to persons to whom electric energy is or will be supplied by the
cooperative for the purpose of, and otherwise to assist such persons in, wiring their
premises and installing electric and plumbing fixtures, appliances, apparatus and
equipment of any kind and character; and in connection therewith to purchase, acquire,
lease, sell, distribute, install and repair such electric and plumbing fixtures, appliances,
apparatus and equipment; and to accept or otherwise acquire and to sell, assign,
transfer, endorse, pledge, hypothecate and otherwise dispose of notes, bonds and other
evidences of indebtedness and any type of security therefor; and to lend money for its
corporate purposes, invest and reinvest its funds; and to take and hold real and
personal property as security for the payment of funds so loaned or invested;
F. make loans to persons to whom electric energy is or will be supplied by the
cooperative for the purpose of, and otherwise to assist such persons in, constructing,
maintaining and operating electric refrigeration plants;
G. purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote,
exercise rights arising out of the ownership or possession thereof, use, employ, sell,
assign, transfer, convey, mortgage, lend, pledge, hypothecate or otherwise dispose of
and otherwise use and deal in and with shares, rights, memberships or other interests
in, or notes, bonds, debentures, mortgages, passbooks, certificates of deposit or other
obligations of, other domestic or foreign corporations, associations, partnerships, limited
partnerships or individuals, or direct or indirect obligations or securities of individuals,
associations, cooperatives, partnerships, corporations or of the United States or of any
other government, state, territory, governmental district or municipality or of any
instrumentality thereof;
H. construct, purchase, take, receive, lease as lessee or otherwise acquire, and to
own, hold, improve, use, equip, maintain and operate, and to sell, assign, transfer,
convey, exchange, lease as lessor, mortgage, pledge or otherwise dispose of or
encumber electric transmission and distribution lines or systems, electric generating
plants, electric refrigeration plants, property, buildings, structures, dams, plants and
equipment and any kind and class of real or personal property which shall be deemed
necessary, convenient or appropriate to accomplish the purpose for which the
cooperative is organized;
I. purchase or otherwise acquire, and to own, hold, use and exercise, and to sell,
assign, transfer, convey, mortgage, pledge, hypothecate or otherwise dispose of or
encumber franchises, rights, privileges, licenses, rights-of-way and easements;
J. make contracts and guarantees and incur liabilities, borrow money at such rates
of interest as the board of trustees shall determine and otherwise contract
indebtedness, and to issue its notes, bonds and other evidences of indebtedness
therefor, and to secure the payment of any thereof by mortgage, pledge, deed of trust,
assignment, security agreement or any other hypothecation or encumbrance upon any
or all of its then-owned or after-acquired real or personal property, assets, franchises,
revenues or income;
K. construct, maintain and operate electric transmission and distribution lines along,
upon, under and across all public thoroughfares, including without limitation all roads,
highways, streets, alleys and bridges, and upon, under and across all publicly owned
property;
L. exercise the power of eminent domain in the manner provided by the Eminent
Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] for the exercise of that power by
corporations constructing or operating electric transmission and distribution lines or
systems;
M. conduct its business, carry on its operations, have offices and exercise the
powers granted by the Rural Electric Cooperative Act in any state, territory, district or
possession of the United States or in any foreign country;
N. adopt, amend and repeal bylaws consistent with the Rural Electric Cooperative
Act and the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978];
O. make donations for the public welfare or for charitable, scientific or educational
purposes, and in time of war to make donations in aid of war activities;
P. transact any lawful business in aid of governmental policy;
Q. subject to any limitations set forth in the articles of incorporation or bylaws, do
such other and further acts and undertake such other and further activities and
transactions for the mutual benefit of its members and patrons as may be done and
undertaken by a corporation organized under the Business Corporation Act [Chapter 53,
Articles 11 to 18 NMSA 1978] for the same or any additional lawful purpose, including
the indemnification of and the procurement of insurance for present and former trustees,
officers, employees and agents of the cooperative as if trustees and members were
directors and shareholders respectively;
R. pay pensions and establish pension plans, pension trusts, bonus plans, health
insurance plans, savings plans and any other incentive plans or employee relation plans
customarily used by broadly held corporations for its trustees, officers and employees,
or for its employees alone;
S. cease its corporate activities and surrender its corporate franchise; and
T. do and perform all other acts and things and have and exercise all other powers
which may be necessary, convenient or appropriate to accomplish the purpose for
which the cooperative is organized, to effectuate the powers set forth in this section and
to accept all the burdens and exercise all the benefits which apply to public utilities
under the laws of New Mexico.