Section 38-1-6 - Process against foreign corporations. - New Mexico Statutes

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.