New Mexico § 38-1-6 - Process against foreign corporations

§ 38-1-6. Process against foreign corporations

A. In all personal actions brought in any court of this state against any foreign

corporation, process may be served upon any officer, director or statutory agent of

the corporation, either personally or by leaving a copy of the process at his residence

or by leaving a copy at the office or usual place of business of the foreign corporation. B. If no person has been designated by a foreign corporation doing business in this

state as its statutory agent upon whom service of process can be made, or, if, upon

diligent search, neither the agent so designated nor any of the officers or directors

of the foreign corporation can be found in the state, then, upon the filing of an

affidavit by the plaintiff to that effect, together with service upon the secretary

of state of two copies of the process in the cause, the secretary of state shall accept

service of process as the agent of the foreign corporation, but the service is not

complete until a fee of twenty-five dollars ($25.00) is paid to the secretary of state

by the plaintiff in the action. The plaintiff shall provide, if known, the name of the person upon whom summons

and complaint is to be served and the last known address. C. Within two days after receipt of the process and fee, the secretary of state shall

give notice by certified or registered mail to the foreign corporation at its principal

place of business outside the state of the service of the process. Where the secretary of state has no record of the principal office of the foreign

corporation outside the state, he shall forward the copy of the process to the place

designated as its principal office in an affidavit filed with the secretary of state

by the plaintiff in the suit or by his attorney. D. The foreign corporation served as provided in this section shall appear and answer

within thirty days after the secretary of state gives the notice. The certificate of service shall not be issued by the secretary of state until the

defendant is served with the summons and complaint. E. The secretary of state shall keep a record of all process served on him as provided

for in this section, and of the time of the service and of his action in respect to

the service. F. Any foreign corporation engaging in business in this state, either in its corporate

name or in the name of an agent, without having first procured a certificate of authority

or otherwise become qualified to engage in business in this state shall be deemed

to have consented to the provisions of this section.