A. The registered agent appointed by a foreign business trust authorized to transact business in this state shall be an agent of the foreign business trust upon whom may be served any process, notice or demand required or permitted by law to be served upon the foreign business trust.
B. A foreign business trust may be served by registered or certified mail, return receipt requested, addressed to a trustee of the foreign business trust at its principal office shown on its application for a certificate of authority if the foreign business trust:
(1) has no registered agent or its registered agent cannot be served with reasonable diligence;
(2) has withdrawn from transacting business in New Mexico; or
(3) has had its certificate of authority revoked.
C. Service is perfected under Subsection B of this section at the earliest of:
(1) the date the foreign business trust receives the mail;
(2) the date shown on the return receipt, if signed on behalf of the foreign business trust; or
(3) five days after its deposit in the United States mail, if mailed postpaid and correctly addressed.
D. This section does not prescribe the only means, or necessarily the required means, of serving a foreign business trust described in Subsection B of this section.
History: Laws 2001, ch. 200, § 93.
Effective dates. — Laws 2001, ch. 200, § 101 made the Foreign Business Trust Registration Act effective July 1, 2001.
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