reglab/housing_qa huggingface dataset:
NM Stat § 58-12-10 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-10 - Corporation; assessments.

A. As a basic assessment for the purpose of establishing the "share insurance fund", the board shall require the original members and each new member to pay over in cash to the corporation an amount equal to one percent of its total member share and deposit balances as shown by its latest June 30 or December 31 statement. This assessment shall be made within ten days after the acceptance of a member by the corporation. Such assessments may be charged by the member to its undivided earnings, or established as an asset. B. Semiannually, to ensure that the share insurance fund equals at least one percent of the total share and deposit balances of all members, the board shall declare an additional assessment against any member whose share and deposit balances have increased since the previous assessment, for such appropriate amounts as may be necessary to bring the total contribution by such member to the share insurance fund up to one percent of its total share and deposit balances, then outstanding. C. In addition, in the event the share insurance fund is depleted through any expenditure therefrom made by the board in accordance with the provisions of the Credit Union Share Insurance Corporation Act [58-12-1 NMSA 1978], a special assessment shall be made against all members, proratably on the basis of their respective share and deposit balances, for such total amount as may be necessary to cover such deficiency in the fund. Any amounts paid by way of such special assessment shall not be credited toward any assessment due under Subsection B of this section. D. The board may pay to the members a dividend computed on the aggregate of assessments paid by each member pursuant to this section. E. The corporation shall be subject to such examinations or audits to such extent and manner and at such times as the commissioner or supervisory agency may determine. The cost of any such examination or audit as well as the cost of administration of the fund shall be borne by the corporation. F. Sums derived pursuant to this section and all increments thereof shall constitute the share insurance fund. History: 1953 Comp., § 48-19A-10, enacted by Laws 1973, ch. 114, § 10; 1979, ch. 95, § 10. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto.
NM Stat § 58-12-11 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-11 - Assessments; for operational purposes.

In or within thirty days after June 30 or December 31 of each year except as hereinbefore provided, while a member, such member shall pay to the corporation an assessment equal to one-fourth of one percent of its share and deposit liabilities payable as shown on its financial statement as of said dates, to be used for operational purposes; provided, however, that the board may, prior to the semiannual assessment date, reduce uniformly the rate of the semiannual operational assessment or waive such assessment entirely. The assessment referred to herein may be charged to undivided earnings or operating expense. History: 1953 Comp., § 48-19A-11, enacted by Laws 1973, ch. 114, § 11.
NM Stat § 58-12-12 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-12 - Financial assistance.

The board may by resolution borrow money for the purposes of the share insurance fund and may pledge any assets in which such fund is invested as security for such loans. The board may have the right to buy reinsurance and bonds or participate in the capital structure of a business for the purpose of protecting and strengthening the share insurance fund itself, or make purchases of stock in a business formed for the purpose of reinsuring share insurance corporations. The corporation may evaluate and transfer funds to a regional or national share insurance corporation whose primary function is for the insurance of shares or the reinsurance of share insurance corporations. History: 1953 Comp., § 48-19A-12, enacted by Laws 1973, ch. 114, § 12.
NM Stat § 58-12-13 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-13 - Dissolution of the corporation.

The directors of the corporation, at a special meeting called for the purpose of dissolution of the corporation and held in accordance with the bylaws and Section 58-12-6 NMSA 1978, may determine by vote of four-fifths of all directors that as a fact the corporation is no longer needed for the insurance of shares and deposits of members. If such fact also is determined by the commissioner, and the supervisory agency then, by like vote of such member delegates present, with the approval of the commissioner and the supervisory agency, the delegates may vote to dissolve and liquidate the corporation. When voting for dissolution, each such member, through its delegate, shall have one vote. Upon any dissolution and liquidation of the corporation, the board shall proceed to distribute to the then members the proceeds of the fund after payment of all losses, expenses and obligations of the corporation, in the following priority: first, in payment pro rata of the assessment referred to in Section 58-12-8 NMSA 1978; second, in payment pro rata of all assessments paid by the then members under Section 58-12-10 NMSA 1978; third, the balance, if any, of the proceeds from such dissolution and liquidation shall be distributed pro rata to the then members on the basis of the total payments described in first and second payment priorities. History: 1953 Comp., § 48-19A-13, enacted by Laws 1973, ch. 114, § 13; 1979, ch. 95, § 11. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto.
NM Stat § 58-12-14 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-14 - Applicability of certain laws.

The corporation shall be exempt from all state and local taxation except in respect to any real estate owned and used by it for its corporate purposes. History: 1953 Comp., § 48-19A-14, enacted by Laws 1973, ch. 114, § 14.
NM Stat § 58-12-15 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-15 - Corporation; investments.

Except as herein provided, any or all of the corporation funds may be invested by the board only in cash, securities or investments which are legal. History: 1953 Comp., § 48-19A-15, enacted by Laws 1973, ch. 114, § 15.
NM Stat § 58-13-1 to 58-13-47 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13 - Security Dealers (Repealed.)|Section 58-13-1 to 58-13-47 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 7, § 59 repeals former 58-13-1 to 58-13-11 and 58-13-13 to 58-13-46 NMSA 1978, relating to security dealers, effective July 1, 1986. Laws 1979, ch. 124, § 6 repeals 58-13-12 NMSA 1978, as enacted by Laws 1959, ch. 171, § 11, relating to fees for registration by notification, coordination or qualification. For present comparable provisions, see 58-13B-20 and 58-13B-24 NMSA 1978. Laws 1981, ch. 263, § 4 repeals 58-13-47 NMSA 1978, as enacted by Laws 1975, ch. 216, § 1, relating to the interest rate on margin accounts, effective July 1, 1981.
NM Stat § 58-13A-1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-1 - Short title.

This act [58-13A-1 to 58-13A-22 NMSA 1978] may be cited as the "Model State Commodity Code". History: Laws 1985, ch. 163, § 1. ANNOTATIONSCross references. — For rules promulgated pursuant to the Model State Commodity Code, see 12.12.1.9 NMAC.
NM Stat § 58-13A-3 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-3 - Unlawful commodity transactions.

A. Except as otherwise provided in Paragraph (1) of Subsection A of Section 5 [58-13A-5 NMSA 1978] of the Model State Commodity Code, no person shall offer to enter into, enter into or confirm the execution of any transaction for the delivery of any commodity under a commodity contract commonly known as a margin account, margin contract, leverage account or leverage contract, or under any contract, account, arrangement, scheme or device that serves the same function or functions or is marketed or managed in substantially the same manner as such account or contract. B. No person shall sell or purchase or offer to sell or purchase any commodity under any other commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any other commodity contract or any commodity option. History: Laws 1985, ch. 163, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 Am. Jur. 2d Sales § 101. 58 C.J.S. Monopolies, §§ 29, 36-39, 45.
NM Stat § 58-13A-4 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-4 - Exempt persons.

The prohibition in Subsection B of Section 3 [58-13A-3 NMSA 1978] of the Model State Commodity Code shall not apply to any of the following persons, or any employee, officer or director thereof acting solely in that capacity: A. a person registered with the commodity futures trading commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration; B. a person registered with the securities and exchange commission as a broker-dealer whose activities require such registration; C. a person affiliated with, and whose obligations and liabilities are guaranteed by, a person referred to in Subsection A or B of this section; D. a person who is a member of a contract market designated by the commodity futures trading commission or any clearinghouse thereof; E. a financial institution; or F. a person registered under the laws of this state as a securities broker-dealer whose activities require such registration. History: Laws 1985, ch. 163, § 4.
NM Stat § 58-13A-6 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-6 - Unlawful commodity activities.

A. No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person: (1) is registered or temporarily licensed with the commodity futures trading commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired, nor been suspended nor revoked; or (2) is exempt from such registration by virtue of the Commodity Exchange Act or of a CFTC rule. B. No board of trade shall trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the commodity futures trading commission unless such board of trade has been so designated for such commodity contract or commodity option and such designation shall not have been vacated, nor suspended nor revoked. History: Laws 1985, ch. 163, § 6. ANNOTATIONSCross references. — For the federal Commodity Exchange Act, see 7 U.S.C. § 1.
NM Stat § 58-13A-7 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-7 - Fraudulent conduct.

No person shall, directly or indirectly: A. cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or artifice to defraud any other person; B. make any false report, enter any false record or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; C. engage in any transaction, act, practice or course of business, including, without limitation, any form of advertising or solicitation which operates or would operate as a fraud or deceit upon any person; or D. misappropriate or convert the funds, security or property of any other person, in or in connection with the purchase or sale of, the offer to sell, the offer to enter into or the entry into of, any commodity contract or commodity option subject to the provisions of Section 3 [58-13A-3 NMSA 1978] and Paragraphs (2), (3) and (4) of Subsection A of Section 5 [58-13A-5 NMSA 1978] of the Model State Commodity Code, except that the provisions of Subsection B of this section shall not apply to a commodity contract covered by Paragraph (3) of Subsection A of Section 5 of the Model State Commodity Code. History: Laws 1985, ch. 163, § 7.
NM Stat § 58-13A-8 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-8 - Liability of principals, controlling persons and others.

A. The act, omission or failure of any official, agent or other person acting for any individual, association, partnership, corporation or trust within the scope of his employment or office shall be deemed the act, omission or failure of such individual, association, partnership, corporation or trust, as well as of such official, agent or other person. B. Every person who directly or indirectly controls another person liable under any provision of the Model State Commodity Code, every partner, officer or director of such other person, every person occupying a similar status or performing similar functions, and every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. History: Laws 1985, ch. 163, § 8.
NM Stat § 58-13A-9 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-9 - Securities laws unaffected.

Nothing in the Model State Commodity Code shall impair, derogate or otherwise affect the authority or powers of the director under the Securities Act of New Mexico [repealed] or the application of any provision thereof to any person or transaction subject thereto. History: Laws 1985, ch. 163, § 9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The Securities Act of New Mexico was repealed by Laws 1986, Chapter 7. For present comparable provisions, see the New Mexico Uniform Securities Act, 58-13C-101 to 58-13C-701 NMSA 1978.
NM Stat § 58-13A-10 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-10 - Purpose.

The Model State Commodity Code may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodities and to maximize coordination with federal and other states' law and the administration and enforcement thereof. History: Laws 1985, ch. 163, § 10.
NM Stat § 58-13A-11 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-11 - Investigations.

A. The director may make investigations, within or without this state, as he finds necessary or appropriate to: (1) determine whether any person has violated, or is about to violate, any provision of the Model State Commodity Code or any rule or order of the director; or (2) aid in enforcement of that code. B. The director may publish information concerning any violation of the Model State Commodity Code or any rule or order of the director. C. For purposes of any investigation or proceeding under the Model State Commodity Code, the director or any officer or employee designated by rule or order may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the director finds to be relevant or material to the inquiry. D. (1) If a person does not give testimony or produce the documents required by the director or a designated employee pursuant to an administrative subpoena, the director or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony. (2) The request for order of compliance may be addressed to either: (a) the district court for the county of Santa Fe or the district court where service may be obtained on the person refusing to testify or produce, if the person is within this state; or (b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state. History: Laws 1985, ch. 163, § 11.
NM Stat § 58-13A-12 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-12 - Enforcement.

A. If the director believes, whether or not based upon an investigation conducted under Section 11 [58-13A-11 NMSA 1978] of the Model State Commodity Code, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of that code or any rule or order under that code, the director may: (1) issue a cease and desist order; (2) take disciplinary action against a licensed person as specified in that code; (3) issue an order imposing a civil penalty in amount which may not exceed ten thousand dollars ($10,000) for any single violation or one hundred thousand dollars ($100,000) for multiple violations in a single proceeding or a series of related proceedings; or (4) initiate any of the actions specified in Subsection B of this section. B. The director may institute any of the following actions in the appropriate courts of this state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available: (1) a declaratory judgment; (2) an action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with the Model State Commodity Code or any rule or order of the director; (3) an action for disgorgement; (4) an action for restitution; or (5) an action for appointment of a receiver or conservator for the defendant or the defendant's assets. History: Laws 1985, ch. 163, § 12.
NM Stat § 58-13A-14 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-14 - Criminal penalties.

A. Any person who willfully violates any provision of the Model State Commodity Code is guilty of a third degree felony. B. Any person who willfully and knowingly violates any rule or order of the director under the Model State Commodity Code is guilty of a third degree felony. C. The director may refer such evidence as is available concerning violations of the Model State Commodity Code or any rule or order of the department of [to] the attorney general or the proper district attorney, who may, with or without such a reference from the director, institute the appropriate criminal proceedings under that code. History: Laws 1985, ch. 163, § 14. ANNOTATIONSBracketed material. — The bracketed material was added by the compiler and is not part of the law. Cross references. — For sentencing for felonies, see 31-18-15 NMSA 1978.
NM Stat § 58-13A-15 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-15 - Administration.

A. The Model State Commodity Code shall be administered by the director. B. Neither the director nor any employees of the director shall use any information which is filed with or obtained by the director which is not public information for personal gain or benefit, nor shall the director nor any employees of the director conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information. C. (1) Except as provided in Paragraph (2) of this subsection, all information collected, assembled or maintained by the director is public information and is available for the examination of the public as provided by the Public Records Act [Chapter 14, Article 3 NMSA 1978]. (2) The following are exceptions to Paragraph (1) of this subsection, which are deemed to be confidential: (a) information obtained in private investigations pursuant to Section 11 [58-13A-11 NMSA 1978] of the Model State Commodity Code; (b) information made confidential by the provisions of the Public Records Act; and (c) information obtained from federal agencies which may not be disclosed under federal law. (3) The director, in his discretion, may disclose any information made confidential under Subparagraph (a) of Paragraph (2) of this subsection to persons identified in Section 16 [58-13A-16 NMSA 1978] of the Model State Commodity Code. (4) No provision of the Model State Commodity Code either creates or derogates any privilege which exists at common law, by statute or otherwise when any documentary or other evidence is sought under subpoena directed to the director or any employee of the director. History: Laws 1985, ch. 163, § 15.
NM Stat § 58-13A-16 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13A - Model State Commodity Code|Section 58-13A-16 - Cooperation with other agencies.

A. To encourage uniform application and interpretation of the Model State Commodity Code and securities regulation and enforcement in general, the director and the employees of the director may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory or such other agencies administering that code, the commodity futures trading commission, the securities and exchange commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies and any governmental law enforcement agency. B. The cooperation authorized by Subsection A of this section shall include, but need not be limited to, the following: (1) making joint examinations or investigations; (2) holding joint administrative hearings; (3) filing and prosecuting joint litigation; (4) sharing and exchanging personnel; (5) sharing and exchanging information and documents; (6) formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and (7) issuing and enforcing subpoenas at the request of the agency administering the Model State Commodity Code in another jurisdiction, the securities agency of another jurisdiction, the commodity futures trading commission or the securities and exchange commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state. History: Laws 1985, ch. 163, § 16. ANNOTATIONSCross references. — For the federal Commodity Exchange Act, see 7 U.S.C. § 1. For the federal Securities Exchange Act of 1934, see U.S.C. § 78a.