N.M. Stat. § 53-11-47
Provisions relating to actions by shareholders.
A. No action shall be brought in this state by a shareholder in the right of a domestic
or foreign corporation unless:
(1)
the plaintiff was a shareholder of record or the beneficial owner of shares
held by a nominee or the holder of voting trust certificates at the time of the transaction
of which he complains, or his shares or his beneficial ownership of shares held by a
nominee or voting trust certificates thereafter devolved upon him by operation of law
from a person who was a holder of record at such time;
(2)
the complaint be verified; and
(3)
the complaint alleges with particularity the efforts, if any, made by the
plaintiff to obtain the action he desires from the directors and the reasons for his failure
to obtain the action or for not making the effort. If the corporation undertakes an
investigation upon receipt of a demand by plaintiff for action, or following
commencement of suit, the court may stay any action commenced as the
circumstances reasonably require.
B. In any action hereafter instituted in the right of any domestic or foreign
corporation by the person or persons described in the above paragraph, the court
having jurisdiction, upon final judgment and a finding that the action was brought without
reasonable cause, may require the plaintiff or plaintiffs to pay to the parties named as
defendant the reasonable expenses, including fees of attorneys, incurred by them in the
defense of such action.
C. An action authorized by this section shall not be discontinued, compromised or
settled without approval by the court having jurisdiction of the action. If the court
determines that the interest of the shareholders or of any class thereof will be
substantially affected by the discontinuance, compromise or settlement, the court may
direct that notice, by publication or otherwise, be given to the shareholders or any class
thereof whose interests it determines will be so affected.