N.M. Stat. Ann. § 38-1-6
History: Laws 1905, ch. 79, § 94; Code 1915, § 978; C.S. 1929, § 32-196; Laws 1935, ch. 113, § 1; 1941 Comp., § 19-306; 1953 Comp., § 21-3-6; Laws 1967, ch. 87, § 1; 1993, ch. 184, § 2.
Cross references. — For personal service of process outside state, see 38-1-16 NMSA 1978.
For service of process upon registered agent of foreign corporation, see 53-17-11 NMSA 1978.
The 1993 amendment, effective June 18, 1993, substituted "residence" for "dwelling house or usual place of abode" in Subsection A; in Subsection B, substituted "by the plaintiff to that effect," for "to that effect, by the person to whom the process has been delivered for service in the office of the secretary of state", "two copies" for "a duplicate copy", and "twenty-five dollars ($25.00)" for "five dollars ($5.00)" in the first sentence, and added the last sentence; in Subsection C, in the first sentence, substituted "Within two days after" for "Upon" and "certified or registered mail" for "telegraph, charges prepaid", and deleted "and shall forward to that office by registered or certified mail a copy of the process" from the end, and substituted "place" for "places" in the second sentence; rewrote the second sentence of Subsection D, which read "The certificate of the secretary of state under his official seal, of the service is competent and sufficient proof thereof"; and made stylistic changes throughout.
Due process requires proper service. — Fundamental due process requires service reasonably calculated to give parties notice, and the lack of such notice cannot be cured by an entry of a general appearance after entry of default judgment. Abarca v. Hanson, 1987-NMCA-068, 106 N.M. 25, 738 P.2d 519, cert. denied, 106 N.M. 7, 738 P.2d 125.
The secretary of state's failure to give nonresident defendant notice of a products liability suit against it under this section, resulting in a default judgment, constitutes a denial of due process. Abarca v. Hanson, 1987-NMCA-068, 106 N.M. 25, 738 P.2d 519, cert. denied, 106 N.M. 7, 738 P.2d 125.
Section does not extend to causes of action not arising out of corporations' New Mexico business. Budde v. Ling-Temco-Vought, Inc., 511 F.2d 1033 (10th Cir. 1975).
Service of failure of process upon qualified subsidiary sufficient to confer jurisdiction upon foreign subsidiary and parent corporation. — Where parent foreign corporation was doing business in state through the agency of one of its two subsidiaries, and all three had common directors and secretary and same basic name, service of process on one qualified to do business in state was sufficient to bring before the court by amendment the other two corporations. State ex rel. Grinnell Co v. MacPherson, 1957-NMSC-032, 62 N.M. 308, 309 P.2d 981, cert. denied, 355 U.S. 825, 78 S. Ct. 32, 2 L. Ed. 2d 39 (1957).
Effect of failure of process server to return original summons with proof of service after personal service on statutory agent. — Where default judgment was entered upon nonappearance, after personal service had been made upon defendant's statutory resident agent, the execution could not be recalled and judgment vacated for failure of the process server to return the original summons with proof of service. Bourgeious v. Santa Fe Trail Stages, Inc., 1939-NMSC-050, 43 N.M. 453, 95 P.2d 204.
Effect of failure of secretary of state to notify corporation of service of process. — Under 38-1-5 NMSA 1978, service of process on the secretary of state in the absence of an agent of a foreign corporation gave the court jurisdiction, although the secretary of state did not notify the foreign corporation. Silva v. Crombie & Co., 1935-NMSC-041, 39 N.M. 240, 44 P.2d 719.
Service of process upon resident director valid. — Where foreign corporation has no place of business in New Mexico, but does have directors resident in the state, service of process upon such director is good. 1915 Op. Att'y Gen. No. 15-1557.
Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
For note, "The Entry and Regulation of Foreign Corporations Under New Mexico Law and Under the Model Business Corporation Act," see 6 Nat. Resources J. 617 (1966).
For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976).
For annual survey of New Mexico law of civil procedure, 19 N.M.L. Rev. 627 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 36 Am. Jur. 2d Foreign Corporations §§ 526 to 582.
Revocation of designation of person to receive process by alien enemy corporation, 156 A.L.R. 1448, 157 A.L.R. 1449.
What amounts to presence of foreign corporation in state, so as to render liable to action therein to recover unemployment compensation tax, 161 A.L.R. 1068.
Rescission or annulment of forfeiture of license of foreign corporation to do business in the state as affecting previous contract or transactions of corporation, 172 A.L.R. 493.
Effect of execution of foreign corporation's contract while executory, was unenforceable because of noncompliance with condition of doing business in state, 7 A.L.R.2d 256.
Shipping goods: foreign corporation's purchase within state of goods to be shipped into other state or country as doing business within state for purposes of jurisdiction, 12 A.L.R.2d 1439.
Ownership or control by foreign corporation of stock of other corporation as constituting doing business within state, 18 A.L.R.2d 187.
Setting aside default judgment for failure of statutory agent on whom process was served to notify defendant, 20 A.L.R.2d 1179.
Power of state to subject foreign corporation to jurisdiction of its courts on sole ground that corporation committed tort within state, 25 A.L.R.2d 1202.
Federal diversity of citizenship jurisdiction where one of the states in which multistate corporation party litigant is alleged to be incorporated is also state of citizenship of opponent, 27 A.L.R.2d 745.
Publishing corporation: what constitutes doing business within state by a foreign magazine, newspaper, or other publishing corporation, for purposes other than taxation, 38 A.L.R.2d 747.
Insurance: foreign insurance company as subject to service of process in action on policy, 44 A.L.R.2d 416.
Leasing of real estate by foreign corporation, as lessor or lessee, as doing business within state within statutes prescribing conditions of right to do business, 59 A.L.R.2d 1131.
Meetings: holding directors', officers', or stockholders' or sales meetings or conventions in a state by foreign corporation as doing business within the state, 84 A.L.R.2d 412.
Manner of service of process upon foreign corporation which has withdrawn from state, 86 A.L.R.2d 1000.
Attorney representing foreign corporation in litigation as its agent for service of process in unconnected actions or proceedings, 9 A.L.R.3d 738.
"General" or "managing" agent of foreign corporation under statute authorizing service of process on such agent, 17 A.L.R.3d 625.
Validity, construction, and application of statute making a foreign corporation subject to action arising out of contract made within the state although such corporation was not doing business therein, 27 A.L.R.3d 397.
Validity, construction, and application of "fiduciary shield" doctrine - modern cases, 79 A.L.R.5th 587.
19 C.J.S. Corporations §§ 952 to 961.