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.