reglab/housing_qa huggingface dataset:
NM Stat § 58-1-80 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1 - Banking Generally|Section 58-1-80 - Unlawful concealment of transaction.

It is unlawful for an officer, director, employee, attorney or agent of a bank to conceal or endeavor to conceal any transaction of the bank from any officer, director or employee of the bank or any official or employee of the department [financial institutions division of the regulation and licensing department] to whom it should properly be disclosed. History: 1953 Comp., § 48-22-68, enacted by Laws 1963, ch. 305, § 68. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 9 C.J.S. Banks and Banking §§ 107, 113, 115, 121, 734, 735.
NM Stat § 58-1-81 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1 - Banking Generally|Section 58-1-81 - Improper maintenance of accounts; false or deceptive entries and statements.

It is unlawful for an officer, director, employee or agent of a bank to: A. maintain or authorize the maintenance of any account of the bank in a manner which, to his knowledge, does not conform to the requirements prescribed by the Banking Act or by the commissioner [director of the financial institutions division of the regulation and licensing department]; B. make, with intent to deceive, any false or misleading statement or entry or omit any statement or entry that should be made in any book, account, report or statement of the institution; C. obstruct or endeavor to obstruct a lawful examination of the institution by an officer or employee of the department [financial institutions division]. History: 1953 Comp., § 48-22-69, enacted by Laws 1963, ch. 305, § 69. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 231 et seq. Construction and application of statutes relating to civil liability of directors, officers or employees of bank, in case of false reports or statements, 114 A.L.R. 472. 9 C.J.S. Banks and Banking §§ 736, 737.
NM Stat § 58-1-82 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1 - Banking Generally|Section 58-1-82 - Reimbursement for fines and penalties.

A. It is unlawful for a state bank to pay a fine or penalty imposed by law upon any other person or any judgment against such person or to reimburse directly or indirectly any person by whom such fine, penalty or judgment has been paid, except: (1) in the settlement of a bank's own liability or in connection with the acquisition of property against which a judgment is a lien; (2) if provided in its articles of incorporation, a bank may indemnify its directors, officers and employees for expenses, fines, penalties and judgments reasonably incurred in actions to which the directors, officers or employees are parties or potential parties by reason of the performance of their official duties. The provisions of this paragraph shall not allow the indemnification of directors, officers or employees of a bank against expenses, penalties or other payments incurred in an administrative proceeding or action instituted by an appropriate bank regulatory agency, which proceeding or action results in a final order assessing civil money penalties or requiring affirmative action by an individual in the form of payments to the bank; and (3) if provided in its articles of incorporation, a bank may acquire and pay the premiums for insurance covering the liability of its directors, officers or employees, except that the provisions of this paragraph shall exclude insurance coverage for a formal order assessing civil money penalties against a bank director, officer or employee. B. In accordance with his supervisory responsibilities, the director may, in his discretion, review the threat to bank safety and soundness posed by any indemnification or proposed indemnification of directors, officers or employees by a bank or for the consistency of any such indemnification with the standards adopted by that bank in its articles of incorporation. Based upon this review, the director may direct a prospective modification of a specific indemnification by a bank through appropriate administrative action. History: 1978 Comp., § 58-1-82, enacted by Laws 1995, ch. 190, § 12. ANNOTATIONSRepeals and reenactments. — Laws 1995, ch. 190, § 12, repeals former section 58-1-82 NMSA 1978, as enacted by Laws 1963, ch. 305, § 70, relating to unlawful payment of penalties and judgments against others including directors and officers, and enacts the above section, effective June 16, 1995. For provisions of former section, see 1991 Replacement Pamphlet. Am. Jur. 2d, A.L.R. and C.J.S. references. — 9 C.J.S. Banks and Banking §§ 8, 9.
NM Stat § 58-1-83 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1 - Banking Generally|Section 58-1-83 - Unlawful use of words "safe deposit.".

It is unlawful for any person to use the words "safe deposit," "safety deposit" or other words deceptively similar thereto, in connection with the rental of storage space, or in the title or name under which business was done, unless he is: A. a person subject to the jurisdiction of the banking department [financial institutions division of the regulation and licensing department] of this state; B. a manufacturer or dealer in safe deposit facilities or equipment; C. an association, the membership of which is composed of officers or institutions subject to the jurisdiction of the banking department [financial institutions division] of this or other states; or D. a person who makes no charge for such space. History: 1953 Comp., § 48-22-71, enacted by Laws 1963, ch. 305, § 71. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 476. 9 C.J.S. Banks and Banking §§ 8, 9.
NM Stat § 58-1-84 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1 - Banking Generally|Section 58-1-84 - Unlawful sanctions; violations of rules and orders.

A. Any person responsible for an act or omission expressly declared to be unlawful by the Banking Act is guilty: (1) of a misdemeanor punishable by imprisonment for a term not exceeding one year or a fine not exceeding five thousand dollars ($5,000) or both; (2) of a felony punishable by imprisonment not exceeding five years or a fine not exceeding ten thousand dollars ($10,000) or both, if the act or omission was done or made with intent to defraud. B. An officer, director, employee, agent or attorney of a bank is responsible for an act or omission of the institution declared to be unlawful by the Banking Act whenever, knowing that such act or omission is unlawful, he participates in authorizing, executing, ratifying or concealing such act, or in authorizing or ratifying such omission or, having a duty to take the required action, omits to do so. C. A director shall be deemed to participate in any action of which he has knowledge taken or omitted to be taken by the board of which he is a member unless he dissents therefrom in writing and promptly notifies the commissioner [director of the financial institutions division of the regulation and licensing department] of his dissent. D. It is unlawful to knowingly violate any lawful rule, regulation or order of the commissioner [director]. History: 1953 Comp., § 48-22-72, enacted by Laws 1963, ch. 305, § 72. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 221 et seq. 9 C.J.S. Banks and Banking § 31.
NM Stat § 58-1-85 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1 - Banking Generally|Section 58-1-85 - Injunction.

Whenever a violation of the Banking Act, by a bank or an officer, director or employee thereof, is threatened or impending and will cause substantial injury to the institution or to the depositors, creditors or stockholders thereof, the district court of Santa Fe county may, upon the suit of the commissioner [director of the financial institutions division of the regulation and licensing department], issue an injunction restraining such violation. History: 1953 Comp., § 48-22-73, enacted by Laws 1963, ch. 305, § 73. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Severability clauses. — Laws 1963, ch. 305, § 76, provides for the severability of the act if any part or application thereof is invalid. Am. Jur. 2d, A.L.R. and C.J.S. references. — 9 C.J.S. Banks and Banking § 478.
NM Stat § 58-1A-1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1A - Consumer Credit Banks|Section 58-1A-1 - Short title.

This act [58-1A-1 to 58-1A-8 NMSA 1978] may be cited as the "Consumer Credit Bank Act". History: Laws 1993, ch. 11, § 1.
NM Stat § 58-1A-4 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1A - Consumer Credit Banks|Section 58-1A-4 - Domestic banks; exemption.

A domestic bank shall not be required to establish a consumer credit bank to issue credit cards and create credit card accounts. History: Laws 1993, ch. 11, § 4.
NM Stat § 58-1A-5 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1A - Consumer Credit Banks|Section 58-1A-5 - Credit card account; terms and conditions.

A credit card account between a domestic bank or consumer credit bank and a borrower, wherever the borrower's place of residence, shall be governed solely by the laws of New Mexico and federal law, where applicable. Unless otherwise expressly agreed in writing by the parties, a credit card account between a consumer credit bank and a borrower shall be governed by the provisions of Sections 56-8-1 through 56-8-30 NMSA 1978. A domestic bank or consumer credit bank may, as provided in the written agreement governing the credit card account, modify the terms or conditions of the credit card account upon prior written notice of the modification as specified by credit card account agreement or by the federal Truth in Lending Act. History: Laws 1993, ch. 11, § 5; 1995, ch. 33, § 3. ANNOTATIONSCross references. — For the federal Truth in Lending Act, see 15 U.S.C. § 1601 et seq. The 1995 amendment, effective June 16, 1995, added the language beginning "a credit card account" at the end of the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes Truth in Lending Act violation which "was not intentional and resulted from bona fide error not withstanding maintenance of procedures reasonably adapted to avoid any such error" within meaning of § 130(c) of Act (15 USCA § 1640(c)), 153 A.L.R. Fed. 193.
NM Stat § 58-1A-6 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1A - Consumer Credit Banks|Section 58-1A-6 - Regulation of consumer credit banks.

A. A consumer credit bank organized under the laws of New Mexico shall be subject to the supervision, regulation and examination of the director. B. The director shall adopt and promulgate rules and regulations implementing the provisions of the Consumer Credit Bank Act, including provisions for the formation and organization of a consumer credit bank. History: Laws 1993, ch. 11, § 6; 1995, ch. 33, § 4. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, added the language beginning "including provisions" at the end of Subsection B.
NM Stat § 58-1A-7 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1A - Consumer Credit Banks|Section 58-1A-7 - Supervision fees.

A. Each consumer credit bank shall annually pay to the director a supervision fee, calculated on the basis of total assets as of December 31 of the immediately previous year: || Total assets (000):      Assessment:    || Over     But not     This     Plus     Of excess   ||   over     amount      over (000)   || 0    200,000    7,500    0.0000250    100,000   || 200,000    500,000    10,000    0.0006667    200,000   || 500,000    1,000,000    30,000    0.0000500    500,000   || 1,000,000    2,000,000    55,000    0.0000400    1,000,000   || 2,000,000     95,000    0.0000300    2,000,000   |B. The fee shall be paid on or before March 1 of each year. For failure to pay the supervisor fee when due unless excused for cause by the director, the consumer credit bank shall pay to the financial institutions division of the regulation and licensing department one hundred dollars ($100) for each day of delinquency. C. The director shall examine the condition of the consumer credit bank. A report of examination shall be sent to the board of directors of the consumer credit bank. History: Laws 1993, ch. 11, § 7; 1995, ch. 33, § 5. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, rewrote Subsection A to substitute the provisions for calculation of the supervision fee on the basis of total assets for a fee of $7,500; redesignated the former third and fourth sentences of Subsection A as Subsection B and former Subsection B as Subsection C; and, in Subsection C, deleted "of the financial institutions division of the regulation and licensing department" following "director" in the first sentence and deleted the former third sentence relating to the fee for each consumer credit bank examination.
NM Stat § 58-1A-8 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1A - Consumer Credit Banks|Section 58-1A-8 - Applicability.

A consumer credit bank shall be subject to the laws governing financial institutions except when the rights, powers, privileges or provisions of those laws are inconsistent with the rights, powers, privileges, provisions or limitations of the Consumer Credit Bank Act, in which case the latter shall control. History: Laws 1993, ch. 11, § 8. ANNOTATIONSSeverability clauses. — Laws 1993, ch. 11, § 9 provides for the severability of the act if any part or application thereof is held invalid.
NM Stat § 58-1B-1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1B - Interstate Bank Acquisitions|Section 58-1B-1 - Short title.

Sections 1 through 12 [58-1B-1 to 58-1B-11 NMSA 1978] of this act may be cited as the "Interstate Bank Acquisition Act". History: Laws 1996, ch. 2, § 1. ANNOTATIONSCross references. — For the Interstate Bank Branching Act, see 58-1C-1 NMSA 1978. For permitted interstate acquisitions, see 58-26-4 NMSA 1978.
NM Stat § 58-1B-3 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1B - Interstate Bank Acquisitions|Section 58-1B-3 - Purpose and intent of act.

The purpose of the Interstate Bank Acquisition Act is to establish the conditions under which a company may acquire a New Mexico bank or a New Mexico bank holding company. In enacting it the legislature intends to avoid discrimination against out-of-state bank holding companies or foreign bank holding companies in any manner that would violate Section 3(d) of the Bank Holding Company Act. History: Laws 1996, ch. 2, § 3. ANNOTATIONSCross references. — For Section 3(d) of the Bank Holding Company Act, see 12 U.S.C. § 1842(d).
NM Stat § 58-1B-4 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1B - Interstate Bank Acquisitions|Section 58-1B-4 - Permitted acquisitions.

A. Except as provided in Subsection B of this section, a company may not acquire a New Mexico state bank or a New Mexico bank holding company without the prior approval of the director unless federal law expressly permits the acquisition without that approval. B. The prohibition of Subsection A of this section does not apply if the acquisition is made: (1) solely for the purpose of facilitating an acquisition otherwise permitted pursuant to the Interstate Bank Acquisition Act; (2) in a transaction arranged by the director or another bank supervisory agency to prevent the insolvency or closing of the acquired bank; or (3) in a transaction in which a bank forms its own bank holding company, if the ownership rights of the former bank shareholders are substantially similar to those of the shareholders of the new bank holding company. C. In a transaction for which the director's approval is not required under this section, the acquiring company shall give written notice to the director at least ninety days before the effective date of the acquisition unless a shorter period of notice is required under applicable federal law. History: Laws 1996, ch. 2, § 4. ANNOTATIONSCross references. — For permitted interstate acquisitions, see 58-26-4 NMSA 1978.
NM Stat § 58-1B-5 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1B - Interstate Bank Acquisitions|Section 58-1B-5 - Required application; forms.

A. A company that proposes to make an acquisition pursuant to the Interstate Bank Acquisition Act shall: (1) file with the director a copy of the application that the company has filed with the responsible federal bank supervisory agency and any additional information prescribed by the director; and (2) pay to the director any application fee prescribed by the director. B. As long as they are consistent with the effective discharge of the director's responsibilities, the application and reporting forms established pursuant to the Interstate Bank Acquisition Act shall conform to those established for the same purposes by the board of governors of the federal reserve system pursuant to the Bank Holding Company Act. History: Laws 1996, ch. 2, § 5. ANNOTATIONSCross references. — For the Bank Holding Company Act, see Subsection E of 58-1B-2 NMSA 1978.
NM Stat § 58-1B-6 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1B - Interstate Bank Acquisitions|Section 58-1B-6 - Standards for approval.

A. In deciding whether to approve an application for a proposed acquisition pursuant to the Interstate Bank Acquisition Act, the director shall consider whether the acquisition may: (1) be detrimental to the safety and soundness of the New Mexico state bank or the New Mexico bank holding company to be acquired; (2) result in a substantial reduction of competition in this state; or (3) have a significantly adverse effect on the convenience and needs of a community in this state served by the New Mexico state bank or the New Mexico bank holding company to be acquired. B. Except as otherwise expressly provided in this section, the director shall not approve an acquisition pursuant to the Interstate Bank Acquisition Act if upon effecting the transaction it would result in the applicant, including a depository institution affiliated with the applicant, holding an undue concentration of deposits totaling forty percent or more of the total deposits in all depository institutions in New Mexico. C. The director may adopt a regulation establishing a procedure authorizing the waiver of the limitation on deposit concentration set forth in Subsection B of this section to prevent the insolvency or closing of a New Mexico state bank. D. The director shall not approve an application for an acquisition pursuant to the Interstate Bank Acquisition Act unless either the New Mexico bank to be acquired, or at least one New Mexico bank subsidiary of the bank holding company to be acquired, has as of the proposed date of acquisition been in existence and in continuous operation under an active charter for a period of at least five years, except that the director may approve an application for an acquisition of a consumer credit bank chartered pursuant to the Consumer Credit Bank Act [58-1A-1 to 58-1A-8 NMSA 1978] even though the consumer credit bank has not been in continuous operation under an active charter for a period of at least five years. History: Laws 1996, ch. 2, § 6. ANNOTATIONS
NM Stat § 58-1B-7 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1B - Interstate Bank Acquisitions|Section 58-1B-7 - Procedures relating to applications.

A. The director shall approve or disapprove an application for acquisition pursuant to the Interstate Bank Acquisition Act within ninety days after receipt of a completed application unless the director requests additional information from the applicant following receipt of a completed application in which case the time limit for decision by the director is the later of: (1) the date set forth in this subsection; or (2) thirty days after the director's receipt of the requested additional information. B. The director may hold a public hearing in connection with an application if a significant issue of law or fact has been raised with respect to the proposed acquisition. C. If the director holds a public hearing in connection with an application, the time limit specified in Subsection A of this section shall be extended to thirty days after the conclusion of the public hearing. D. An application is deemed approved if the director takes no action on the application within the time limits specified in this section. History: Laws 1996, ch. 2, § 7. ANNOTATIONS
NM Stat § 58-1B-8 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 1B - Interstate Bank Acquisitions|Section 58-1B-8 - Reports; examinations.

A. To the extent specified by the director by regulation, order or written request, each bank holding company that directly or indirectly controls a New Mexico state bank or a New Mexico bank holding company, or the home state regulator of the company, shall submit to the director copies of each financial report filed by the company with any bank supervisory agency within fifteen days after the report is filed with the agency unless the report is one the disclosure of which is prohibited by federal or state law. B. To the extent disclosure is permitted by state or federal law, a bank holding company that controls a New Mexico state bank or a New Mexico bank holding company, or the home state regulator of the controlling bank holding company, shall provide the director copies of any reports of examination of that bank holding company or of the New Mexico bank holding company. C. The director may examine a New Mexico bank holding company whenever the director has reason to believe that the company is not being operated in compliance with the laws of this state or in accordance with safe and sound banking practices. The provisions of Section 58-1-46 NMSA 1978 shall apply to the examination. History: Laws 1996, ch. 2, § 8. ANNOTATIONS