N.M. Stat. § 53-20-3
Certificate of authority; necessity to obtain to transact
business; what constitutes not transacting business.
A. A foreign business trust shall not transact business in this state unless it first
obtains a certificate of authority from the public regulation commission [secretary of
state]. A foreign business trust is not entitled to obtain a certificate of authority to
transact a business in this state that it is not permitted to transact in the state or country
in which it was created.
B. The following activities do not constitute transacting business within the meaning
of Subsection A of this section:
(1)
maintaining, defending or effecting the settlement of an action, suit or
administrative or arbitration proceeding, or effecting the settlement of claims or
disputes;
(2)
maintaining bank accounts;
(3)
maintaining offices or agencies for the transfer, exchange and registration
of its securities, or appointing and maintaining trustees or depositories with relation to its
securities;
(4)
soliciting or procuring orders when the orders require acceptance outside
of this state before becoming binding contracts;
(5)
transacting business in interstate commerce;
(6)
holding meetings of the board of trustees or holders of beneficial interest
or carrying on other activities concerning internal affairs;
(7)
selling through independent contractors;
(8)
creating or procuring indebtedness, mortgages and security interests in
real and personal property;
(9)
conducting an isolated transaction that is completed within a period of
thirty days and not in the course of a number of repeated transactions of a similar
nature;
(10)
securing or collecting debts or enforcing mortgages and security interests
in property securing the debts; or
(11)
owning without more, real or personal property.