reglab/housing_qa huggingface dataset:
NM Stat § 56-10-26 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-26 - Supplementary provisions.

A. Unless displaced by the provisions of the Uniform Voidable Transactions Act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions. B. The provisions of the Uniform Voidable Transactions Act are not the exclusive law on the subject of voidable transfers and obligations. C. The provisions of the Uniform Voidable Transactions Act operate independently of rules in organic law that govern the internal affairs of business organizations that limit distributions by those organizations to their equity owners. Compliance with those rules does not insulate such distributions from being voidable pursuant to the provisions of that act. History: Laws 1989, ch. 382, § 11; 1978 Comp., § 56-10-24 recompiled and amended as § 56-10-26 by Laws 2015, ch. 54, § 19. ANNOTATIONSRecompilations. — Laws 2015, ch. 54, § 19 recompiled and amended former 56-10-24 NMSA 1978 as 56-10-26 NMSA 1978, effective January 1, 2016. The 2015 amendment, effective January 1, 2016, substituted "Uniform Voidable Transactions Act" for references to the former Uniform Fraudulent Transfer Act; designated the previously undesignated language in the section as Subsection A; in Subsection A, after "Uniform", deleted "Fraudulent Transfer" and added "Voidable Transactions"; and added Subsections B and C.
NM Stat § 56-10-27 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-27 - Uniformity of application and construction.

The Uniform Voidable Transactions Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Voidable Transactions Act among states enacting it. History: Laws 1989, ch. 382, § 12; 1978 Comp., § 56-10-25, recompiled and amended as § 56-10-27 by Laws 2015, ch. 54, § 21. ANNOTATIONSRecompilations. — Laws 2015, ch. 54, § 21 recompiled and amended former 56-10-25 NMSA 1978 as 56-10-27 NMSA 1978, effective January 1, 2016. The 2015 amendment, effective January 1, 2016, substituted "Uniform Voidable Transactions Act" for references to the former Uniform Fraudulent Transfer Act; and after each occurrence of "Uniform", deleted "Fraudulent Transfer" and added "Voidable Transactions".
NM Stat § 56-10-28 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-28 - Relation to Electronic Signatures in Global and National Commerce Act.

The Uniform Voidable Transactions Act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). History: 1978 Comp., § 56-10-28, enacted by Laws 2015, ch. 54, § 23. ANNOTATIONSEffective dates. — Laws 2015, ch. 54, § 25 made Laws 2015, ch. 54, § 23 effective January 1, 2016.
NM Stat § 56-10-29 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-29 - Applicability.

A. The provisions of the Uniform Voidable Transactions Act: (1) apply to a transfer made or obligation incurred on or after January 1, 2016; but (2) do not apply to: (a) a transfer made or an obligation incurred before January 1, 2016; or (b) a right of action that has accrued before January 1, 2016. B. A transfer made or an obligation incurred before January 1, 2016 and the rights, obligations and interests flowing from that transfer or obligation are governed by the Uniform Fraudulent Transfer Act as if the Uniform Voidable Transactions Act had not been enacted and may be terminated, completed, consummated or enforced pursuant to the Uniform Fraudulent Transfer Act. C. For the purposes of this section, a transfer is made and an obligation is incurred at the time provided in Section 56-10-20 NMSA 1978. History: 1978 Comp., § 56-10-29, enacted by Laws 2015, ch. 54, § 24. ANNOTATIONSEffective dates. — Laws 2015, ch. 54, § 25 made Laws 2015, ch. 54, § 24 effective January 1, 2016.
NM Stat § 56-11-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 11 - Artists' Consignment|Section 56-11-1 - Short title.

Sections 1 through 3 [56-11-1 to 56-11-3 NMSA 1978] of this act may be cited as the "Artists' Consignment Act." History: Laws 1979, ch. 196, § 1.
NM Stat § 56-11-2 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 11 - Artists' Consignment|Section 56-11-2 - Definitions.

As used in the Artists' Consignment Act: A. "art" means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame or quilt containing the artist's original handwritten signature on the work of art; B. "artist" means the creator of a work of art, or, if he is deceased, the artist's heirs or personal representative; C. "art dealer" means a person primarily engaged in the business of selling works of art; D. "creditor" means a "creditor" as defined in Section 55-1-201 NMSA 1978; and E. "person" means an individual, partnership, corporation or association. History: Laws 1979, ch. 196, § 2.
NM Stat § 56-11-3 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 11 - Artists' Consignment|Section 56-11-3 - Art consignment; priority of claims, liens or security interests.

A work of art delivered to an art dealer by an artist for the purpose of exhibition or sale, and the artists' [artist's] share of the proceeds from the sale of the work by the dealer, whether to the dealer on his own account or to a third person, shall create a priority in favor of the artist over the claims, liens or security interests of the creditors of the art dealer, notwithstanding any provision of the Uniform Commercial Code [Chapter 55 NMSA 1978]. History: Laws 1979, ch. 196, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 56-12-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-1 - Short title.

This act [56-12-1 through 56-12-16] may be cited as the "Pawnbrokers Act." History: Laws 1985, ch. 228, § 1. ANNOTATIONSApplicability. — The Pawnbrokers Act only applies to those pawns arising after the effective date of the act. Wing Pawn Shop v. Taxation & Rev. Dep't, 1991-NMCA-024, 111 N.M. 735, 809 P.2d 649).
NM Stat § 56-12-2 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-2 - Definitions.

As used in the Pawnbrokers Act: A. "pawnbroker" means a person engaged in the business of making pawn transactions; B. "pawn service charge" means the sum of all charges, payable directly or indirectly by the pledgor and imposed directly or indirectly by the pawnbroker as an incident to the pawn transaction; C. "pawnshop" means the location or premises at which a pawnbroker regularly conducts his business; D. "pawn transaction" means either the act between a pawnbroker and a person pledging a good of lending money or extending credit on the security of pledged goods or of purchasing tangible personal property with an express or implied agreement or understanding that it may be redeemed or repurchased by the seller at a stipulated price; E. "person" means an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized; F. "pledged goods" means tangible personal property other than choses in action, securities or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with the pawn transaction; G. "local law enforcement agency" means the chief of police, his designee, or the police department if applicable to a municipality, or the county sheriff, his designee, or the county sheriff's department if applicable to a county; and H. "local government" means a municipality or county. History: Laws 1985, ch. 228, § 2. ANNOTATIONS"Pawn service charge". — A storage fee of $30, charged by pawnbroker at the beginning of each pawn transaction, was, in fact, a "pawn service charge" and was illegal because it exceeded the maximum set forth in this chapter. Yazzie v. Ray Vicker's Special Cars, Inc., 12 F. Supp. 2d 1230 (D.N.M. 1998).
NM Stat § 56-12-3 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-3 - Purpose.

The purpose of the Pawnbrokers Act is to: A. prevent frauds, unfair practices, discriminations against, impositions on or abuses of the citizens of New Mexico; B. exercise the police power of the state to insure a sound system of making pawn transactions and acquiring and disposing of tangible personal property by and through pawnshops and to prevent unlawful pawn transactions, particularly in stolen property, through regulating pawnbrokers and certain persons employed by or in pawnshops; C. ensure financial responsibility to the state and to the public; D. ensure compliance with federal, state and local laws, rules, regulations and ordinances; E. assist local governments in the exercise of their police power; and F. to protect from exploitation, abuse or its own improvidence that segment of society in this state which relies from time to time for its need upon money or credit extended by pawnbrokers and given upon the security of native art, handicraft or movable personal possessions. History: Laws 1985, ch. 228, § 3.
NM Stat § 56-12-4 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-4 - Permits required; inspection fee; penalty.

A. In addition to any occupational or other license required by the local government, every pawnbroker shall obtain a pawnbroker permit from his local government, and that permit shall be conspicuously displayed in the pawnbroker's place of business. Said permit will expire on July 1 of each year and must be renewed by that date. Upon obtaining the permit, every pawnbroker shall register with the local law enforcement agency. B. The local government may impose upon pawnbrokers a pawnbroker permit fee, in an amount to be set by the local government, to cover the expense of administration of the Pawnbrokers Act. No person who has been convicted of a felony shall be eligible for a permit. C. Doing business as a pawnbroker without a permit constitutes a violation of this section and is subject to the general penalty provisions of the Pawnbrokers Act. History: Laws 1985, ch. 228, § 4. ANNOTATIONSCross references. — For general penalties, see 56-12-15 NMSA 1978.
NM Stat § 56-12-5 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-5 - Administration; applicability of other laws.

A. The local government shall adopt such rules and regulations as necessary for the equitable administration of the Pawnbrokers Act. B. Nothing in the Pawnbrokers Act shall be construed to prohibit a local government from enacting additional requirements governing pawnbrokers, not inconsistent with that act. History: Laws 1985, ch. 228, § 5.
NM Stat § 56-12-6 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-6 - Pawnbroker; bond required.

No person shall engage in business as a pawnbroker without having executed and delivered a bond to his local government in the sum of five thousand dollars ($5,000). The bond shall be in a form approved by the local government and shall be conditioned upon the conduct of the pawnbroker's business according to the provisions of the Pawnbrokers Act. The bond shall be for the benefit of each and every person damaged by a breach of any condition set forth in the bond. Every pawnbroker shall provide the local government with thirty days' notice in writing of the cancellation of the bond. History: Laws 1985, ch. 228, § 6.
NM Stat § 56-12-7 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-7 - Application for permit; requirements.

A. Each application for an original or a renewal permit shall be submitted in writing to the local government and contain such information as is required by the local government and be accompanied by the applicable permit fee amount.B. Each application shall be accompanied by the name, social security number or individual taxpayer identification number, address and date of birth of each agent, servant and employee of the applicant engaged in the business of pawn transactions. Changes in such list shall be indicated on each renewal application.C. Every pawnbroker shall furnish with each application for an original or renewal permit proof of execution and delivery of the bond to the local government. History: Laws 1985, ch. 228, § 7; 2021, ch. 70, § 1. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, allowed submission of an individual taxpayer identification number as an alternative to a social security number in an application for an original or a renewal pawnbroker permit; and in Subsection B, after "social security number", added "or individual taxpayer identification number".
NM Stat § 56-12-8 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-8 - Suspension or revocation of permit; notice; hearing.

A. The local government authority may institute proceedings for the suspension or revocation of any permit issued pursuant to the Pawnbrokers Act upon the filing of a written complaint by the local law enforcement agency, the designated representative of that local law enforcement agency or the attorney general, charging the permit holder or an employee thereof, of having violated any provision of the Pawnbrokers Act. B. The local government authority shall serve written notice upon the permitholder of the alleged violation. The notice requirement is satisfied if personal service of the notice is had upon the holder of the permit or is posted in a conspicuous place upon the permitholder's place of business. C. The local government authority shall set a date for hearing on the complaint not more than ten days, nor less than five days, after the date of notice unless waived by all parties thereto. The notice provided for in Subsection B of this section shall specify the date and time of the hearing. D. The permitholder and any other interested person shall have the right to appear at this administrative hearing and to produce evidence. The rules of evidence shall not apply. If, after holding this hearing, the local government authority determines that the permitholder is in violation of the provisions of the Pawnbrokers Act as charged in the complaint, the local government authority shall issue a written order. The order may suspend the permit for a stated period of time or permanently revoke the permit. The local government authority shall cause such order to be served upon the permitholder and filed in the office of the clerk for public inspection within five business days after the hearing. Service of the order on the permitholder shall be as specified in Subsection B of this section, and the official serving the order shall have the authority to remove the permit from the premises and deliver that permit to the local government authority. This hearing shall be the final administrative remedy. History: Laws 1985, ch. 228, § 8.
NM Stat § 56-12-9 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-9 - Pawnbroker reports; records; delivery; violations.

A. Every pawnbroker shall each day accurately complete a report of all used property of every kind received or purchased in a pawn transaction during the preceding business day on a form approved by the local law enforcement agency. Either a driver's license or other photo identification card shall be required of each person entering into a pawn transaction with a pawnbroker. Each item received shall be listed on a separate report form. Said report shall include the following: (1) name of item; (2) description of the item including make and model number, if any; (3) serial number and other identifying marks, if any; (4) date, time and type of pawn transaction; (5) name and address of person offering the item; (6) description of the person offering the item including sex, complexion, hair color, approximate height and weight, and date of birth; and (7) type of identification used by person offering item and identifying number of said identification. If the person presents a driver's license, the report shall also indicate the state of issuance. B. All reports required by this section shall be completed accurately and be made available by 12 o'clock noon of the day following the day of the pawn transaction and shall be delivered or mailed to the local law enforcement agency within three days of the pawn transaction. C. Property purchased directly from another permitholder regulated by the Pawnbrokers Act who has already reported the item pursuant to this section is exempt from the requirements of this section. D. Persistent or frequent erroneous or incomplete entries in or delays in the submitting of the above required reports shall constitute a violation of this section and are subject to the general penalty provisions of the Pawnbrokers Act. E. The reports and records of the permitholder required pursuant to this section, as well as every item received in pawn, shall be available for inspection by the local government authority, the attorney general, the local law enforcement agency or any sworn member of that law enforcement agency at all reasonable times. F. Each item pledged to or purchased by the permitholder for which a report is required shall have attached to it a tag with an alphabetic or numerical identification system matching that item with its corresponding report and record. History: Laws 1985, ch. 228, § 9. ANNOTATIONSCross references. — For general penalties, see 56-12-15 NMSA 1978. Use of copy of driver's license. — Pawnbroker's practice of attaching copy of driver's license to pawn ticket did not comply with the requirements of this chapter that the pawnbroker report pawned items to the police and include on the pawn ticket itself a complete description of the person pawning the item. Yazzie v. Ray Vicker's Special Cars, Inc., 12 F. Supp. 2d 1230 (D.N.M. 1998).
NM Stat § 56-12-10 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-10 - Pawn ticket.

A. Every pawnbroker shall at the time of each pawn transaction deliver to the person pawning any good, a ticket signed by the pawnbroker containing the substance of the entry required to be made in his report pursuant to Section 9 [56-12-9 NMSA 1978] of the Pawnbrokers Act. B. The holder of such ticket shall be presumed to be the person entitled to redeem the pledge and the pawnbroker shall deliver such article to the person so presenting such ticket on payment of principal and all lawful charges. C. The pawn ticket required by this section shall further contain all disclosures of credit terms required to be disclosed to the pledgor by the federal Truth in Lending Act. History: Laws 1985, ch. 228, § 10. ANNOTATIONSCross references. — For the federal Truth in Lending Act, see 15 U.S.C. § 1601 et seq. Use of copy of driver's license. — Pawnbroker's practice of attaching copy of driver's license to pawn ticket did not comply with the requirements of this chapter that the pawnbroker report pawned items to the police and include on the pawn ticket itself a complete description of the person pawning the item. Yazzie v. Ray Vicker's Special Cars, Inc., 12 F. Supp. 2d 1230 (D.N.M. 1998).
NM Stat § 56-12-11 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-11 - Default; disposition of pledged property.

A. Except as otherwise specified in this section, upon default by the pledgor, the pawnbroker shall comply with the requirements of Chapter 55, Article 9 NMSA 1978 in the disposition of the pledged goods. B. If there is a conflict between a specific provision of the Pawnbrokers Act and a more general provision of Chapter 55, Article 9 NMSA 1978, the more specific provision of the Pawnbrokers Act shall control. C. Notwithstanding the provisions of Subsection A of this section, the pawnbroker shall not dispose of the pledged property, except by redemption, until at least ninety days after the indebtedness has become due. D. Notwithstanding the provisions of Subsection A of this section, if the pawnbroker disposes of the pledged property by sale in the regular course of business, such sale shall conform to the requirements of Chapter 55, Article 9 NMSA 1978 and, if a surplus remains after sale of the pledged property, the pawnbroker shall make a record of the sale and the amount of the surplus and notify the pledgor by first class mail sent to the pledgor's last known address of the amount of the surplus and the pledgor's right to claim it at a specified location within ninety days of the date of mailing of the notice if the surplus is one hundred dollars ($100) or less or within twelve months of the date of mailing of the notice if the surplus is greater than one hundred dollars ($100). In the event that the first class mail addressed to any person is returned unclaimed to the pawnbroker, then the pawnbroker shall post and maintain on a conspicuous public part of the pawnbroker's premises an appropriately entitled list naming each such person. Ninety days or twelve months, as applicable, after the date of the mailing or posting, whichever is later, the pawnbroker may retain any surplus remaining unclaimed by the pledgor as the pawnbroker's own property. History: Laws 1985, ch. 228, § 11; 2009, ch. 187, § 1. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, added Subsection B and in Subsection D, after "conform to the requirements of", deleted "Section 55-9-504" and added "Chapter 55, Article 9".
NM Stat § 56-12-12 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-12 - Record of disposition of pledged property.

Every pawnbroker shall keep a permanent record, fully itemized, of all pledged property disposed of following default by the pledgor. The record shall include the following: A. the number of the pawn transaction; B. the name and address of the pledgor; C. the date of the pawn transaction and the date of the last payment received as service charge or on principal; D. the date of disposition of the pledged property pursuant to Section 11 [56-12-11 NMSA 1978] of the Pawnbrokers Act; E. the method of disposition of the pledged property; and F. the amount and disposition of any surplus following disposition of the pledged property. History: Laws 1985, ch. 228, § 12.