N.M. Stat. § 53-19-27
Liability upon wrongful distribution.
A. In addition to any other liabilities, a member or manager who votes for, approves
or consents to any distribution that violates any provision of the articles of organization,
an operating agreement or Section 26 [53-19-26 NMSA 1978] of the Limited Liability
Company Act shall be liable to the limited liability company, jointly but not severally, with
all other members or managers so voting, approving or consenting for the amount of the
distribution that exceeds what could have been distributed without violating Section 26
of that act, the articles of organization or an operating agreement, unless the member or
manager based his determination that the distribution did not violate such provisions on
the statements or other valuation method authorized by Subsection B of Section 26 of
that act and had no actual knowledge that rendered his reliance on such statements,
valuation or method unwarranted.
B. Each member or manager who is liable pursuant to Subsection A of this section
is entitled to contribution:
(1)
from each other member or manager who is liable under Subsection A of
this section; and
(2)
from each member for the amount the member received knowing that the
distribution was made in violation of a provision of the articles of organization, an
operating agreement or Section 26 of the Limited Liability Company Act.