A. An agent for service of process appointed by a limited partnership or foreign limited partnership is an agent of the limited partnership or foreign limited partnership for service of any process, notice or demand required or permitted by law to be served upon the limited partnership or foreign limited partnership.
B. If a limited partnership or foreign limited partnership does not appoint or maintain an agent for service of process in this state or the agent for service of process cannot with reasonable diligence be found at the agent's address, the secretary of state is an agent of the limited partnership or foreign limited partnership upon whom process, notice or demand may be served.
C. Service of any process, notice or demand on the secretary of state may be made by delivering to and leaving with the secretary of state duplicate copies of the process, notice or demand and the fee required by Section 210 [54-2A-210 NMSA 1978] of the Uniform Revised Limited Partnership Act. If a process, notice or demand is served on the secretary of state, the secretary of state shall forward one of the copies by registered or certified mail, return receipt requested, to the limited partnership or foreign limited partnership at its designated office.
D. Service is effected pursuant to Subsection C of this section at the earliest of:
(1) the date the limited partnership or foreign limited partnership receives the process, notice or demand;
(2) the date shown on the return receipt, if signed on behalf of the limited partnership or foreign limited partnership; or
(3) ten days after the process, notice or demand is deposited in the mail, if mailed postpaid and correctly addressed.
E. The secretary of state shall keep a record of each process, notice and demand served pursuant to this section and record the time of, and the action taken regarding, the service. These records may be destroyed after five years.
F. This section does not affect the right to serve process, notice or demand in any other manner provided by law.
History: Laws 2007, ch. 129, § 117.
ANNOTATIONSEffective dates. — Laws 2007, ch. 129, § 1208 made the section effective July 1, 2009.