2023 New Mexico Statutes › Chapter 53 - Corporations › Article 17 - Business Corporations; Foreign Corporations › Section 53-17-11 - Service of process on foreign corporation.

The registered agent appointed by a foreign corporation authorized to transact business in this state shall be an agent of the corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served. Nothing in this section limits or affects the right to serve any process, notice or demand, required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law.
History:
1953 Comp., § 51-30-10, enacted by Laws 1967, ch. 81, § 112.
ANNOTATIONS
Compiler's notes.
— This section is derived from Section 115 of the ABA Model Business Corporation Act.
Cross references.
— For service of process on secretary of state,
see
38-1-5 NMSA 1978.
For process against foreign corporations,
see
38-1-6 NMSA 1978.
The Business Corporation Act does not compel a foreign corporation to consent to general personal jurisdiction.
— In consolidated interlocutory appeals where the district court denied petitioners' motions to dismiss claims against them for lack of general or specific personal jurisdiction, and where the court of appeals concluded that general personal jurisdiction was proper over petitioners, four foreign corporations, all of whom are manufacturers of automobiles or automobile components and registered to transact business under New Mexico's Business Corporation Act (BCA), §§ 53-17-1 through 53-17-20 NMSA 1978, the New Mexico supreme court reversed the court of appeals because any legislative intent to require a foreign corporation to consent to general personal jurisdiction should be clearly, unequivocally, and unambiguously expressed in the statutory text, and the language of the BCA relating to a foreign corporation's equal rights and responsibilities under New Mexico law does not clearly, unequivocally, and unambiguously express an intent to require a foreign corporation to consent to general personal jurisdiction in New Mexico.
Chavez v. Bridgestone Americas Tire Operations, LLC
, 2022-NMSC-006,
rev'g
2019-NMCA-023, 458 P.3d 569; A-1-CA-36442, mem. op. (Ct. App. Dec. 21, 2018) (nonprecedential); A-1-CA-35910, mem. op. (Ct. App. Dec. 21, 2018) (nonprecedential); and A-1-CA-37818 (Ct. App. Jan 18, 2019), and
overruling Werner v. Wal-Mart Stores, Inc.
, 1993-NMCA-112, 116 N.M. 229, 861 P.2d 270.
Constitutionality of registration statutes.
— In a wrongful death action where decedent purchased a Ford pickup truck from a private seller in New Mexico, and where decedent later died in a single vehicle accident when the roof structure of the truck collapsed after the vehicle rolled over on a New Mexico road, and where plaintiff claimed that the truck's roof structure was defectively designed, defendant's claim that the imposition of general personal jurisdiction over it based on its registration to do business in New Mexico violated the dormant Commerce Clause was without merit, because any burden the registration statutes have on interstate commerce is justified by New Mexico's interests in providing access to the courts for residents and those injured in the state.
Navarette Rodriguez v. Ford Motor Co
., 2019-NMCA-023, cert. granted.
Compliance with statute requiring registration to do business in the state constitutes consent to that state's jurisdiction.
— In a wrongful death action where decedent purchased a Ford pickup truck from a private seller in New Mexico, and where decedent later died in a single vehicle accident when the roof structure of the truck collapsed after the vehicle rolled over on a New Mexico road, and where plaintiff claimed that the truck's roof structure was defectively designed, the district court did not err in denying defendant's motion to dismiss for lack of personal jurisdiction, because defendant consented to general jurisdiction in New Mexico courts by registering to do business here and appointing an agent for service of process under the Business Corporation Act, 53-11-1 through 53-18-12 NMSA 1978
. Navarette Rodriguez v. Ford Motor Co
., 2019-NMCA-023, cert. granted.
Jurisdiction obtainable for out-of-state injury.
— Without an express limitation in the statutory language to the contrary, the legislature intended for this section to apply to any and all claims against a foreign corporation with a registered agent in New Mexico, thus acting as a jurisdictional consent statute. Accordingly, New Mexico courts could properly obtain personal jurisdiction over a Delaware corporation, with a registered agent in New Mexico, for a plaintiff's injury which occurred in one of the defendant's stores in Georgia.
Werner v. Wal-Mart Stores, Inc.
, 1993-NMCA-112, 116 N.M. 229, 861 P.2d 270.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 36 Am. Jur. 2d Foreign Corporations §§ 228 et seq.
Constitutionality, construction and effect of statute providing for service of process upon statutory agent in action against foreign corporation, as regards communication to corporation of fact of service, 89 A.L.R. 658.
Who, other than public official, may be served with process in action against foreign corporation doing business in state, 113 A.L.R. 9
Service of process on officer, director, or stockholder in action against foreign corporation doing business in state, 113 A.L.R. 36.
Statute providing for service of process upon designated state official in action against foreign corporation as applicable to action based on transaction outside of state, 145 A.L.R. 630, 162 A.L.R. 1424.
Requisites of service upon, or delivery to, designated public official, as a condition of substituted service of process on him, 148 A.L.R. 975.
Setting aside default judgment for failure of statutory agent on whom process was served to notify defendant, 20 A.L.R.2d 1179.
Who is an "agent authorized by employment" to receive service of process within purview of Federal Rules of Civil Procedure and similar state rules and statutes, 26 A.L.R.2d 1086.
Manner of service of process upon foreign corporation which has withdrawn from state, 86 A.L.R.2d 1000.
Federal or state law as controlling, in diversity action, whether foreign corporation is amenable to service of process in state, 6 A.L.R.3d 1103.
Who is "general" or "managing" agent of foreign corporation under statute authorizing service of process on such agent, 17 A.L.R.3d 625.
19 C.J.S. Corporations §§ 952 to 961.