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New Mexico's Virtual Meeting Statute

New Mexico commonly permits corporations, and nonprofits to conduct remote and virtual meetings. Remote meetings contingent on an association’s articles of incorporation, charter, or bylaws. The New Mexico Nonprofit Corporation Act governs nonprofit corporations in New Mexico regarding corporate structure and procedure. If an association is organized as a nonprofit, as is the case with most New Mexico associations, it will be governed by the New Mexico Nonprofit Corporation Act. Contact your association’s attorney to see what your community’s options are for virtual meetings based upon your governing documents.

Applicable Statute: Nonprofit Corporation Act

2009 New Mexico Statutes Chapter 53 - Corporations. Article 8 - Nonprofit Corporations Section 53-8-22 - Directors' meetings.

53-8-22. Directors' meetings. Meetings of the board of directors, regular or special, may be held either within or without New Mexico and upon such notice as the bylaws may prescribe. Attendance of a director at any meeting shall constitute a waiver of notice of the meeting except when a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of the meeting unless required by the bylaws. Except as otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or any committee designated thereby may participate in a meeting of the board or committee by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time and participation by such means shall constitute presence in person at a meeting.