New Mexico Statutes 53-8-25.2. Liability of directors
No director of the corporation shall be personally liable to the corporation or its members for monetary damages for breach of fiduciary duty as a director unless:
Terms Used In New Mexico Statutes 53-8-25.2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fiduciary: A trustee, executor, or administrator.
A. the director has breached or failed to perform the duties of the director’s office in compliance with Section 53-8-25.1 N.M. Stat. Ann.; and
B. the breach or failure to perform constitutes willful misconduct or recklessness. The provisions of this section shall, however, only eliminate the liability of a director
for action taken as a director or any failure to take action as a director at meetings of the board of directors or of a committee of the board of directors or by virtue of action of the directors without a meeting pursuant to Section 53-8-97 N.M. Stat. Ann., on or after the date when the provisions of this section become effective.