The New Mexico Guaranty of Payment of Dividends on Stocks is a legal provision that ensures the payment of dividends to stockholders by a corporation. It acts as a safeguard, reinforcing the obligation of corporations to distribute dividends to their shareholders in a timely manner. Under New Mexico law, this Guaranty of Payment of Dividends on Stocks mandates that corporations must make dividend payments to their shareholders, directly or indirectly, in accordance with the provisions of the articles of incorporation or applicable state statutes. The premise of this provision is to maintain transparency and accountability in corporate dividend distributions. New Mexico recognizes two types of Guaranty of Payment of Dividends on Stocks: 1. Statutory Guaranty: This type of guaranty requires corporations to follow the dividend distribution rules specified under the New Mexico Corporation Act. According to this statute, a corporation may only pay dividends out of its surplus, which is the excess of its net assets over its stated capital. The statutory guaranty ensures that corporations do not distribute dividends without sufficient profits and reserves. 2. Contractual Guaranty: This form of guaranty arises when a corporation voluntarily includes provisions in its articles of incorporation or shareholder agreement, imposing additional dividend payment obligations on the company. This contractual agreement can provide greater assurance to shareholders, going beyond the minimum requirements set out in the statutory guaranty. The New Mexico Guaranty of Payment of Dividends on Stocks establishes a legal framework that incentivizes corporations to fulfill their obligations towards shareholders. By ensuring the timely and proper distribution of dividends, the guaranty helps maintain trust and confidence in the corporate sector and promotes a fair distribution of profits to stockholders. Corporations operating in New Mexico must understand and comply with the Guaranty of Payment of Dividends on Stocks to avoid legal repercussions and uphold their responsibilities towards shareholders. By respecting these provisions, businesses can build a reputation for transparency and integrity, thereby attracting potential investors and enhancing their relationships within the financial market.