reglab/housing_qa huggingface dataset:
NM Stat § 58-32-601 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 6 - EXAMINATIONS; REPORTS; RECORDS|Section 58-32-601 - Authority to conduct examinations.

A. The director may conduct an annual examination of a licensee or of any of its authorized delegates upon forty-five days' notice in a record to the licensee. B. The director may examine a licensee or its authorized delegate at any time, without notice, if the director has reason to believe that the licensee or authorized delegate is engaging in an unsafe or unsound practice or has violated or is violating the Uniform Money Services Act or a rule adopted or an order issued pursuant to that act. C. If the director concludes that an onsite examination is necessary pursuant to Subsection A of this section, in New Mexico or in any other state or country, the licensee shall pay the reasonable cost of the examination. D. Information obtained during an examination pursuant to the Uniform Money Services Act may be disclosed only as provided in Section 607 [58-32-607 NMSA 1978] of that act. History: Laws 2016, ch. 88, § 601. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-602 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 6 - EXAMINATIONS; REPORTS; RECORDS|Section 58-32-602 - Cooperation.

The director may consult and cooperate with other state agencies, agencies of another state or of the United States or the nationwide multistate licensing system and registry in enforcing and administering the Uniform Money Services Act. They may jointly pursue examinations and take other official action that they are otherwise empowered to take. History: Laws 2016, ch. 88, § 602; 2019, ch. 144, § 21. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, replaced "nationwide mortgage licensing system and registry" with "nationwide multistate licensing system and registry"; and after "nationwide", deleted "mortgage" and added "multistate".
NM Stat § 58-32-603 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 6 - EXAMINATIONS; REPORTS; RECORDS|Section 58-32-603 - Reports.

A. A licensee shall file with the director a record signed under penalty of perjury that shall be in a form and in a medium prescribed by the director and that shall contain any material change in information provided in the licensee's application or the information provided by the licensee to the nationwide multistate licensing system and registry. The record shall be filed within fifteen business days after the licensee has reason to know of the change.B. A licensee shall file with the director within forty-five days after the end of each fiscal quarter a record signed under penalty of perjury that shall be in a form and in a medium prescribed by the director and that shall contain a current list of all authorized delegates and locations in New Mexico where the licensee or an authorized delegate of the licensee provides money services, including limited stations and mobile locations. The licensee shall state the name and street address of each location and authorized delegate.C. A licensee shall file a report with the director within one business day after the licensee has reason to know of the occurrence of any of the following events:(1) the filing of a petition by or against the licensee pursuant to the United States Bankruptcy Code for bankruptcy or reorganization;(2) the filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization or the making of a general assignment for the benefit of its creditors;(3) the commencement of a proceeding to revoke or suspend its license in a state or country in which the licensee engages in business or is licensed;(4) the cancellation or other impairment of the licensee's bond or other security;(5) a charge or conviction of the licensee or of an executive officer, manager, director or person in control of the licensee for a felony; or(6) a charge or conviction of an authorized delegate for a felony.D. The report required pursuant to Subsection C of this section shall be a record signed under penalty of perjury and in a form and in a medium prescribed by the director and shall describe the event requiring the report. History: Laws 2016, ch. 88, § 603; 2019, ch. 144, § 22. ANNOTATIONSCross references. — For the federal Bankruptcy Code, see 11 U.S.C. § 101 et seq. The 2019 amendment, effective July 1, 2019, replaced "nationwide mortgage licensing system and registry" with "nationwide multistate licensing system and registry"; and in Subsection A, after "nationwide", deleted "mortgage" and added "multistate".
NM Stat § 58-32-605 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 6 - EXAMINATIONS; REPORTS; RECORDS|Section 58-32-605 - Records.

A. A licensee shall maintain the following records for determining its compliance with the Uniform Money Services Act for at least three years: (1) a record of each payment instrument or stored-value obligation sold; (2) a general ledger posted at least monthly containing all asset, liability, capital, income and expense accounts; (3) bank statements and bank reconciliation records; (4) records of outstanding payment instruments and stored-value obligations; (5) records of each payment instrument and stored-value obligation paid within the three-year period; (6) a list of the last known names and addresses of all of the licensee's authorized delegates; and (7) any other records the director reasonably requires by rule. B. The items specified in Subsection A of this section may be maintained in writing, electronically or in any other form of record that is permitted by the director. C. Records may be maintained outside New Mexico if they are made accessible to the director on seven business-days' notice that is sent in a record. D. All records maintained by the licensee as required in Subsections A through C of this section are open to inspection by the director pursuant to Section 601 [58-32-601 NMSA 1978] of the Uniform Money Services Act. History: Laws 2016, ch. 88, § 605. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-606 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 6 - EXAMINATIONS; REPORTS; RECORDS|Section 58-32-606 - Money laundering reports.

A. A licensee and an authorized delegate shall file with the New Mexico attorney general all reports required by federal currency reporting, recordkeeping and suspicious transaction reporting requirements as set forth in 31 U.S.C. Section 5311 et seq. (1994) or any successor law; and other federal and state laws pertaining to money laundering. B. The timely filing of a complete and accurate report required under Subsection A of this section with the appropriate federal agency is compliance with the requirements of that subsection, unless the director notifies the licensee that the New Mexico attorney general has notified the director that reports of this type are not being regularly and comprehensively made available by the federal agency to the New Mexico attorney general. C. In connection with each transaction that involves transmitting money in an amount of one thousand dollars ($1,000) or more, whether sending or receiving, a licensee or, for a transaction conducted through an authorized delegate, an authorized delegate, shall retain a record of each of the following: (1) the name and social security or taxpayer identification number, if any, of the individual presenting the transaction and of the person and the entity on whose behalf the transaction is to be effected; (2) the type and number of the customer's verified photographic identification as described in 31 Code of Federal Regulations Section 1010.312 or any successor regulations; (3) the customer's current occupation; (4) the customer's current residential address; and (5) the customer's signature. D. The provisions of Subsection C of this section shall not apply to transactions by which a licensee's customer is making a bill payment to: (1) a commercial creditor pursuant to a contract between the licensee and the commercial creditor; or (2) a utility company. History: Laws 2016, ch. 88, § 606. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-607 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 6 - EXAMINATIONS; REPORTS; RECORDS|Section 58-32-607 - Confidentiality.

A. Except as otherwise provided in Subsection B of this section, all information or reports obtained by the director from an applicant, licensee or authorized delegate and all information contained in or related to examination, investigation, operating or condition reports prepared by, on behalf of or for the use of the director, or financial statements, balance sheets or authorized delegate information, are confidential and are not subject to disclosure pursuant to the Public Records Act [Chapter 14, Article 3 NMSA 1978] or any similar law. B. The director may disclose information not otherwise subject to disclosure pursuant to Subsection A of this section to representatives of state or federal agencies who promise in a record signed under penalty of perjury in a form and in a medium prescribed by the director that they will maintain the confidentiality of the information or if the director finds that the release is reasonably necessary for the protection of the public and is in the interests of justice and the licensee has been given not fewer than ten days' notice in a record by the director of the director's intent to release the information. C. This section does not prohibit the director from disclosing to the public a list of persons licensed pursuant to the Uniform Money Services Act or the aggregated financial data concerning those licensees. History: Laws 2016, ch. 88, § 607. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-701 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 7 - PERMISSIBLE INVESTMENTS|Section 58-32-701 - Maintenance of permissible investments.

A. A licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles of not less than the aggregate amount of all of its outstanding payment instruments and stored-value obligations issued or sold in all states and money transmitted from all states by the licensee. B. The director, with respect to any licensees, may limit the extent to which a type of investment within a class of permissible investments may be considered a permissible investment, except for money and certificates of deposit issued by a bank. The director by rule may prescribe or by order allow other types of investments that the director determines to have a safety substantially equivalent to other permissible investments. C. Permissible investments, even if commingled with other assets of the licensee, are held in trust for the benefit of the purchasers and holders of the licensee's outstanding payment instruments and stored-value obligations in the event of bankruptcy or receivership of the licensee. History: Laws 2016, ch. 88, § 701. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-801 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 8 - ENFORCEMENT|Section 58-32-801 - Suspension and revocation; receivership.

A. The director may suspend or revoke a license, place a licensee in receivership or order a licensee to revoke the designation of an authorized delegate if: (1) the licensee violates the Uniform Money Services Act or a rule adopted or an order issued pursuant to that act; (2) the licensee does not cooperate with an examination or investigation by the director; (3) the licensee engages in fraud, intentional misrepresentation or gross negligence; (4) an authorized delegate is convicted of a violation of a state or federal anti-money laundering statute, or violates a rule adopted or an order issued pursuant to the Uniform Money Services Act, as a result of the licensee's willful misconduct or willful blindness; (5) the competence, experience, character or general fitness of the licensee, authorized delegate, person in control of a licensee or responsible person of the licensee or authorized delegate indicates that it is not in the public interest to permit the person to provide money services; (6) the licensee engages in an unsafe or unsound practice; (7) the licensee is insolvent, suspends payment of its obligations or makes a general assignment for the benefit of its creditors; or (8) the licensee does not remove an authorized delegate after the director issues and serves upon the licensee a final order, including a finding that the authorized delegate has violated the Uniform Money Services Act. B. In determining whether a licensee is engaging in an unsafe or unsound practice, the director may consider the size and condition of the licensee's money transmission, the magnitude of the loss, the gravity of the violation of the Uniform Money Services Act and the previous conduct of the person involved. History: Laws 2016, ch. 88, § 801. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-802 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 8 - ENFORCEMENT|Section 58-32-802 - Suspension and revocation of authorized delegates.

A. The director may issue an order suspending or revoking the designation of an authorized delegate if the director finds that: (1) the authorized delegate violated the Uniform Money Services Act or a rule adopted or an order issued pursuant to that act; (2) the authorized delegate did not cooperate with an examination or investigation by the director; (3) the authorized delegate engaged in fraud, intentional misrepresentation or gross negligence; (4) the authorized delegate is convicted of a violation of a state or federal anti-money laundering statute; (5) the competence, experience, character or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services; or (6) the authorized delegate is engaging in an unsafe or unsound practice. B. In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the director may consider the size and condition of the authorized delegate's provision of money services, the magnitude of the loss, the gravity of the violation of the Uniform Money Services Act or a rule adopted or order issued pursuant to that act and the previous conduct of the authorized delegate. C. An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate according to procedures prescribed by the director. History: Laws 2016, ch. 88, § 802. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-803 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 8 - ENFORCEMENT|Section 58-32-803 - Orders to cease and desist.

A. If the director determines that a violation of the Uniform Money Services Act, or of a rule adopted or an order issued pursuant to that act, by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, its customers or the public as a result of the violation, or causes insolvency or significant dissipation of assets of the licensee, the director may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The order becomes effective upon service of it upon the licensee or authorized delegate.B. The director may issue an order against a licensee to cease and desist from providing money services through an authorized delegate that is the subject of a separate order by the director.C. An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to Section 58-32-901 or 58-32-902 NMSA 1978.D. A licensee or an authorized delegate that is served with an order to cease and desist may petition the district court for a judicial order setting aside, limiting or suspending the enforcement, operation or effectiveness of the order pending the completion of an administrative proceeding pursuant to Section 58-32-901 or 58-32-902 NMSA 1978.E. An order to cease and desist expires unless the director commences an administrative proceeding pursuant to Section 58-32-901 or 58-32-902 NMSA 1978 within ten days after it is issued. History: Laws 2016, ch. 88, § 803; 2019, ch. 75, § 1. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, made technical changes to certain provisions of the Uniform Money Services Act and changed "801 or 802 of the Uniform Money Services Act" to "58-32-901 or 58-32-902 NMSA 1978" throughout.
NM Stat § 58-32-804 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 8 - ENFORCEMENT|Section 58-32-804 - Consent orders.

The director may enter into a consent order at any time with a person to resolve a matter arising pursuant to the Uniform Money Services Act or a rule adopted or order issued pursuant to that act. A consent order shall be signed by the person to whom it is issued or by the person's authorized representative and shall indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that the Uniform Money Services Act or a rule adopted or an order issued pursuant to that act has been violated. History: Laws 2016, ch. 88, § 804. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-806 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 8 - ENFORCEMENT|Section 58-32-806 - Civil penalties.

The director may assess a civil penalty against a person that violates the Uniform Money Services Act or a rule adopted or an order issued pursuant to that act in an amount not to exceed one thousand dollars ($1,000) per day for each day the violation is outstanding. History: Laws 2016, ch. 88, § 806. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-807 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 8 - ENFORCEMENT|Section 58-32-807 - Criminal penalties.

A. A person who intentionally makes a false statement, misrepresentation or false certification in a record filed or required to be maintained pursuant to the Uniform Money Services Act or who intentionally makes a false entry or omits a material entry in such a record is guilty of a fourth degree felony. B. A person who knowingly engages in an activity for which a license is required pursuant to the Uniform Money Services Act without being licensed pursuant to that act and who receives more than two thousand five hundred dollars ($2,500) in compensation within a thirty-day period from this activity is guilty of a fourth degree felony. C. A person who knowingly engages in an activity for which a license is required pursuant to the Uniform Money Services Act without being licensed pursuant to that act and who receives two thousand five hundred dollars ($2,500) or less in compensation within a thirty-day period from this activity is guilty of a misdemeanor. History: Laws 2016, ch. 88, § 807. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.
NM Stat § 58-32-808 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 8 - ENFORCEMENT|Section 58-32-808 - Unlicensed persons.

A. If the director has reason to believe that a person has violated or is violating Section 201, 301 or 401 [58-32-201, 58-32-301, 58-32-401 NMSA 1978] of the Uniform Money Services Act, the director may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of Section 201, 301 or 401 of that act. B. In an emergency, the director may petition the district court for the issuance of a temporary restraining order ex parte pursuant to the rules of civil procedure. C. An order to cease and desist becomes effective upon service of it upon the person. D. An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to Sections 901 and 902 [58-32-901, 58-32-902 NMSA 1978] of the Uniform Money Services Act. E. A person that is served with an order to cease and desist for violating Section 201, 301 or 401 of the Uniform Money Services Act may petition the district court for a judicial order setting aside, limiting or suspending the enforcement, operation or effectiveness of the order pending the completion of an administrative proceeding pursuant to Sections 901 and 902 of that act. F. An order to cease and desist expires unless the director commences an administrative proceeding within ten days after it is issued. History: Laws 2016, ch. 88, § 808. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.