N.M. Stat. § 53-19-54
Transactions not constituting transacting business.
A. The following activities of a foreign limited liability company, among others, do
not constitute transacting business within the meaning of the Limited Liability Company
Act:
(1)
maintaining, defending or settling any proceeding;
(2)
holding meetings of its members or carrying on any other activities
concerning its internal affairs;
(3)
maintaining bank accounts;
(4)
maintaining offices or agencies for the transfer, exchange and registration
of the foreign limited liability company's own securities or interests or appointing and
maintaining trustees or depositories with respect to those securities or interests;
(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 New Mexico before they
become contracts;
(7)
creating as borrower or lender or acquiring indebtedness or mortgages or
other security interests in real or personal property;
(8)
securing or collecting debts or enforcing rights in property securing debts;
(9)
investing in or acquiring, in transactions outside New Mexico, royalties and
other nonoperating mineral interests; executing division orders, contracts of sale and
other instruments incidental to the ownership of such nonoperating mineral interests;
and, in general, owning, without more, real or personal property;
(10)
conducting an isolated transaction that is completed within thirty days and
that is not one in the course of repeated transactions of a like nature; or
(11)
transacting business in interstate commerce.
B. A foreign limited liability company shall not be considered to be transacting
business in New Mexico solely because it:
(1)
owns a controlling interest in a corporation or a foreign corporation that
transacts business in New Mexico;
(2)
is a limited partner of a limited partnership or foreign limited partnership
that is transacting business in New Mexico; or
(3)
is a member or manager of a limited liability company or foreign limited
liability company that is transacting business in New Mexico.
C. This section does not apply in determining the contracts or activities that may
subject a foreign limited liability company to service of process or taxation in New
Mexico or to regulation under any other law of New Mexico.