New Mexico § 38-1-6.1 - Process against foreign limited liability companies

§ 38-1-6.1. Process against foreign limited liability companies

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

limited liability company, process may be served upon any manager or statutory agent

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

or by leaving a copy at the registered office of the foreign limited liability company

in this state. B. If no person has been designated by a foreign limited liability company 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 managers of

the company can be found in this 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 limited liability company, 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 the name of the person upon whom the 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 limited liability company

at its principal place of business outside this state of the service of the process. Where the secretary of state has no record of the principal place of business of

the foreign limited liability company outside this state, he shall forward the copy

of the process to the place designated as such company's principal office or as the

office required to be maintained in the state or other jurisdiction of its organization

in its application for registration to transact business in this state, or the most

recent amendment of such application, but if no such application for registration

has been filed in this state, to the place designated as such company's principal

office in an affidavit filed with the secretary of state by the plaintiff in the suit

or by his attorney. D. A foreign limited liability company 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 limited liability company engaging in business in this state, either

in its own name or in the name of an agent, without having first applied for registration

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

deemed to have consented to the provisions of this section.