New Mexico


No foreign corporation of limited liability company shall transact business in New Mexico until it has procured a certificate of authority to do so from the secretary of state. a foreign corporation shall not be considered to be transacting business in this state, for the purposes of the Business Corporation Act, by reason of carrying on in this state any one or more of the following activities:

A. maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes;
B. holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs;
C. maintaining bank accounts;
D. maintaining offices or agencies for the transfer, exchange and registration of its securities, or appointing and maintaining trustees or depositaries with relation to its securities;
E. effecting sales through independent contractors;
F. soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts;
G. creating as borrower or lender, or acquiring, indebtedness or mortgages or other security interest in real or personal property;
H. securing or collecting debts or enforcing any rights in property securing them;
I. transacting any business in interstate commerce;
J. conducting an isolated transaction completed within a period of thirty days and not in the course of a number of repeated transactions of like nature; or
K. investing in or acquiring, in transactions outside New Mexico, royalties and other nonoperating mineral interests and the execution of division orders, contracts of sale and other instruments incidental to the ownership of the nonoperating mineral interests.

Wayfair Nexus

A remote seller who lacks a physical presence in New Mexico and who operates a website or other digital medium or media to execute sales to purchasers of property subject to sales or use taxes in this state, or who uses a multivendor marketplace platform that acts as an intermediary by facilitating sales between a seller and the purchaser of property subject to sales or use taxes in this state, shall be deemed to be engaged in business in this state if such retailer made total retail sales of property in this state that exceeded one hundred thousand dollars ($100,000) in the previous or current calendar year.


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