N.M. Stat. § 54-2A-1005
Proceeds and expenses.
A. Except as otherwise provided in Subsection B of this section:
(1)
any proceeds or other benefits of a derivative action, whether by
judgment, compromise or settlement, belong to the limited partnership and not to the
derivative plaintiff; and
(2)
if the derivative plaintiff receives any proceeds, the derivative plaintiff shall
immediately remit them to the limited partnership.
B. If a derivative action is successful in whole or in part, the court may award the
plaintiff reasonable expenses, including reasonable attorney fees, from the recovery of
the limited partnership.