(a) Activities of a foreign limited liability partnership, which do not constitute transacting business for the purpose of the Uniform Partnership Act (1994) [54-1A-101 to 54-1A-1206 NMSA 1978], include:
- (1) maintaining, defending or settling an action or proceeding whether judicial, administrative, arbitration or mediation;
- (2) holding meetings of its partners or carrying on any other activity concerning its internal affairs;
- (3) maintaining bank accounts;
- (4) maintaining offices or agencies for the transfer, exchange and registration of the partnership's own securities or appointing and maintaining trustees or depositories with respect to those securities;
- (5) selling through independent contractors;
- (6) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts;
- (7) creating as borrower or lender or acquiring indebtedness, with or without a mortgage or other security interest in real or personal property;
- (8) securing or collecting debts or foreclosure mortgages or other security interests in property securing the debts, and holding, protecting and maintaining property so acquired;
- (9) investing in or acquiring, in transactions outside New Mexico, royalties and other non-operating mineral interests; executing division orders, contracts of sale and other instruments incidental to the ownership of such non-operating mineral interests;
- (10) owning or controlling an interest in a corporation that transacts business in this state or is organized under the laws of this state;
- (11) being a partner in a partnership, including a limited liability partnership, that transacts business in this state or is organized under the laws of this state;
- (12) being a member or manager of a limited liability company that transacts business in this state or is organized under the laws of this state;
- (13) conducting an isolated transaction that is completed within thirty days and is not one in the course of similar transactions; and
- (14) transacting business in interstate commerce.
- (b) For purposes of the Uniform Partnership Act (1994), the ownership in this state of income-producing real property or tangible personal property, other than property excluded under Subsection (a) of this section constitutes transacting business in this state.
- (c) This section does not apply in determining the contracts or activities that may subject a foreign limited liability partnership to service of process, taxation or regulation under any other law of this state.
History: Laws 1997, ch. 76, § 20.