reglab/housing_qa huggingface dataset:
NM Stat § 58-13C-506 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13C - New Mexico Uniform Securities|Article 5 - Fraud and Liabilities|Section 58-13C-506 - Misrepresentations concerning registration or exemption.

The filing of an application for registration, a registration statement, a notice filing pursuant to the New Mexico Uniform Securities Act, the registration of a person, the notice filing by a person or the registration of a security pursuant to that act does not constitute a finding by the director that a record filed pursuant to the New Mexico Uniform Securities Act is true, complete and not misleading. The filing or registration or the availability of an exemption, exception, preemption or exclusion for a security or a transaction does not mean that the director has passed upon the merits or qualifications of, or recommended or given approval to, a person, security or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client or prospective customer or client a representation inconsistent with this section. History: Laws 2009, ch. 82, § 506. ANNOTATIONSEffective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010.
NM Stat § 58-13C-507 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13C - New Mexico Uniform Securities|Article 5 - Fraud and Liabilities|Section 58-13C-507 - Qualified immunity.

A broker-dealer, agent, investment adviser, federal covered investment adviser or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser or investment adviser representative for defamation relating to a statement that is contained in a record required by the director, or designee of the director, the securities and exchange commission or a self-regulatory organization, unless the person knew, or should have known at the time that the statement was made, that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity. History: Laws 2009, ch. 82, § 507. ANNOTATIONSEffective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010. Double jeopardy. — Criminal prosecutions under the Securities Act, following administratively imposed civil penalties under that Act, do not place defendants in double jeopardy under N.M. Const., art. II, § 15, or under Section 30-1-10 NMSA 1978. State v. Kirby, 2003-NMCA-074, 133 N.M. 782, 70 P.3d 772, cert. denied, 133 N.M. 771, 69 P.3d 237.
NM Stat § 58-13C-603 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13C - New Mexico Uniform Securities|Article 6 - Administration and Judicial Review|Section 58-13C-603 - Civil enforcement.

A. If the director believes that a person has engaged, is engaging or is about to engage in an act, practice or course of business constituting a violation of the New Mexico Uniform Securities Act or a rule adopted or order issued pursuant to that act or that a person has, is or is about to engage in an act, practice or course of business that materially aids a violation of the New Mexico Uniform Securities Act or a rule adopted or order issued pursuant to that act, the director may maintain an action to enjoin the act, practice or course of business and to enforce compliance with the New Mexico Uniform Securities Act or a rule adopted or order issued pursuant to that act. B. In an action pursuant to this section and on a proper showing, the court may: (1) issue a permanent or temporary injunction, restraining order or declaratory judgment; (2) order other appropriate or ancillary relief, which may include: (a) an asset freeze, accounting, writ of attachment, writ of general or specific execution and appointment of a receiver or conservator, that may be the director, for the defendant or the defendant's assets; (b) ordering the director to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents and profits; to collect debts; and to acquire and dispose of property; (c) imposing a civil penalty of up to ten thousand dollars ($10,000) for each violation; (d) an order of rescission, restitution or disgorgement directed to a person that has engaged in an act, practice or course of business constituting a violation of the New Mexico Uniform Securities Act or the predecessor act or a rule adopted or order issued pursuant to the New Mexico Uniform Securities Act or the predecessor act; (e) ordering the payment of prejudgment and postjudgment interest; and (f) ordering the payment of litigation expenses of the director; and (3) order such other relief as the court considers appropriate. C. If a person violates a provision of the New Mexico Uniform Securities Act and the violation is directed toward, targets or is committed against a person who, at the time of the violation, is sixty-two years of age or older, the court, in addition to any other civil penalties provided for pursuant to the New Mexico Uniform Securities Act or a rule issued pursuant to that act, may impose an additional civil penalty not to exceed ten thousand dollars ($10,000) for each violation. D. The director shall not be required to post a bond in an action or proceeding pursuant to the New Mexico Uniform Securities Act. History: Laws 2009, ch. 82, § 603. ANNOTATIONSEffective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010.
NM Stat § 58-13C-606 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13C - New Mexico Uniform Securities|Article 6 - Administration and Judicial Review|Section 58-13C-606 - Administrative files and opinions.

A. The director shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective pursuant to the New Mexico Uniform Securities Act or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued pursuant to the New Mexico Uniform Securities Act or the predecessor act; and interpretative opinions or no action determinations issued pursuant to the New Mexico Uniform Securities Act. B. The director shall make all rules, forms, interpretative opinions and orders available to the public. C. The director shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted pursuant to the New Mexico Uniform Securities Act may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the director of a record's nonexistence is prima facie evidence of a record or its nonexistence. History: Laws 2009, ch. 82, § 606. ANNOTATIONSEffective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010. Cross references. — For filing of rules and regulations with the records center, see 14-4-3 NMSA 1978. Corporation commission's (now public regulation commission's) authority to issue security permits was cancelled by the legislature with the repeal of 48-18-18, 1953 Comp. 1981 Op. Att'y Gen. No. 81-20 (decided under former law). Law reviews. — For article, "A Survey of the Securities Act of New Mexico," see 2 N.M.L. Rev. 1 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. — Investigative authority of administrative agencies in state regulation of securities, 58 A.L.R.5th 293. 69A Am. Jur. 2d Securities Regulation - State § 153.
NM Stat § 58-13C-607 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13C - New Mexico Uniform Securities|Article 6 - Administration and Judicial Review|Section 58-13C-607 - Public records; confidentiality.

A. Except as otherwise provided in Subsection B of this section, records obtained by the director or filed pursuant to the New Mexico Uniform Securities Act, including a record contained in or filed with a registration statement, application, notice filing or report, are public records and are available for public examination. B. The following records are not public records and are not available for public examination pursuant to Subsection A of this section: (1) a record obtained by the director in connection with an audit or inspection pursuant to Subsection D of Section 411 [58-13C-411 NMSA 1978] of the New Mexico Uniform Securities Act or an investigation pursuant to Section 602 [58-13C-602 NMSA 1978] of that act, except that information that is introduced at a hearing constitutes public information unless otherwise ordered by the director; (2) a part of a record filed in connection with a registration statement pursuant to Sections 301 [58-13C-301 NMSA 1978] and 303 [58-13C-303 NMSA 1978] through 305 [58-13C-305 NMSA 1978] of the New Mexico Uniform Securities Act or a record pursuant to Subsection D of Section 411 of that act that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law; (3) a record that is not required to be provided to the director or filed pursuant to the New Mexico Uniform Securities Act and is provided to the director only on the condition that the record will not be subject to public examination or disclosure; (4) a nonpublic record received from a person specified in Subsection A of Section 608 [58-13C-608 NMSA 1978] of the New Mexico Uniform Securities Act; and (5) any social security number, residential address unless used as a business address and residential telephone number unless used as a business telephone number contained in a record that is filed. C. If disclosure is for the purpose of a civil, administrative or criminal investigation, action or proceeding or to a person specified in Subsection A of Section 608 of the New Mexico Uniform Securities Act, the director may disclose a record obtained in connection with an audit or inspection pursuant to Subsection D of Section 411 of that act or a record obtained in connection with an investigation pursuant to Section 602 [58-13C-602 NMSA 1978] of that act. History: Laws 2009, ch. 82, § 607. ANNOTATIONSEffective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010. Am. Jur. 2d, A.L.R. and C.J.S. references. — Investigative authority of administrative agencies in state regulation of securities, 58 A.L.R.5th 293.
NM Stat § 58-13C-609 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13C - New Mexico Uniform Securities|Article 6 - Administration and Judicial Review|Section 58-13C-609 - Judicial review.

A. A final order issued by the director pursuant to the New Mexico Uniform Securities Act is subject to judicial review in accordance with the provisions of Section 39-3-1.1 NMSA 1978. B. The filing of an appeal pursuant to Subsection A of this section does not, unless specifically ordered by the court, operate as a stay of the director's order or rule, and the director may enforce or ask the court to enforce the order pending the outcome of the review proceedings. History: Laws 2009, ch. 82, § 609. ANNOTATIONSEffective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010. Corporation commission (now public regulation commission) not authorized to issue sales permit. — The authority of the corporation commission (now public regulation commission) to review a decision of the chief as to the issuance of a permit to sell securities did not constitute authorization for the corporation commission (now public regulation commission) to issue a permit which had been approved by the chief pursuant to former Section 58-13-10 NMSA 1978. Unless an aggrieved party appealed, the corporation commission (now public regulation commission) had no basis for exercising any authority with respect to a decision of the chief. 1981 Op. Att'y Gen. No. 81-20. Law reviews. — For article, "A Survey of the Securities Act of New Mexico," see 2 N.M.L. Rev. 1 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. — 69A Am. Jur. 2d Securities Regulation - State § 163.
NM Stat § 58-13C-701 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 13C - New Mexico Uniform Securities|Article 7 - Transition|Section 58-13C-701 - Application of act to existing proceedings and existing rights and duties.

A. The predecessor act exclusively governs all actions or proceedings that are pending on the effective date of the New Mexico Uniform Securities Act or may be instituted on the basis of conduct occurring before the effective date of the New Mexico Uniform Securities Act, but a civil action shall not be maintained to enforce any liability pursuant to the predecessor act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after the effective date of the New Mexico Uniform Securities Act, whichever is earlier B. All effective registrations pursuant to the predecessor act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations and conditions imposed on the registrations pursuant to the predecessor act remain in effect while they would have remained in effect if the New Mexico Uniform Securities Act had not been enacted. They are considered to have been filed, issued or imposed pursuant to the New Mexico Uniform Securities Act, but are exclusively governed by the predecessor act. C. The predecessor act exclusively applies to an offer or sale made within one year after the effective date of the New Mexico Uniform Securities Act pursuant to an offering made in good faith before the effective date of the New Mexico Uniform Securities Act on the basis of an exemption available pursuant to the predecessor act. History: Laws 2009, ch. 82, § 701. ANNOTATIONSEffective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010.
NM Stat § 58-32-101 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 1 - GENERAL PROVISIONS|Section 58-32-101 - Short title.

This act [58-32-101 to 58-32-1004 NMSA 1978] may be cited as the "Uniform Money Services Act". History: Laws 2016, ch. 88, § 101. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017. Temporary provisions. — Laws 2016, ch. 88, § 1005 provided that the director of the financial institutions division of the regulation and licensing department shall promulgate such rules as are necessary to transition licensees pursuant to 58-20-1 NMSA 1978 to the licensing provisions of the Uniform Money Services Act.
NM Stat § 58-32-103 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 1 - GENERAL PROVISIONS|Section 58-32-103 - Exclusions.

The Uniform Money Services Act does not apply to: A. the United States or a department, agency or instrumentality thereof; B. money transmission by the United States postal service or by a contractor on behalf of the United States postal service; C. a state, county, city or any other governmental agency or governmental subdivision of a state; D. a bank, bank holding company, office of an international banking corporation, branch of a foreign bank, corporation organized pursuant to the federal Bank Service Company Act or corporation organized pursuant to the federal Edge Act; E. electronic funds transfer of governmental benefits for a federal, state, county or governmental agency by a contractor on behalf of the United States or a department, agency or instrumentality thereof, or a state or governmental subdivision, agency or instrumentality thereof; F. a board of trade designated as a contract market pursuant to the federal Commodity Exchange Act or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board; G. a registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant; H. a person that provides clearance or settlement services pursuant to a registration as a clearing agency or an exemption from such registration granted under the federal securities laws to the extent of its operation as such a provider; I. an operator of a payment system to the extent that it provides processing, clearing or settlement services, between or among persons excluded by this section, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearinghouse transfers or similar funds transfers; J. a person registered as a securities broker-dealer under federal or state securities laws to the extent of its operation as such a broker-dealer; K. an attorney or title company that, in connection with a real property transaction, receives and disburses domestic currency or issues an escrow or trust fund check only on behalf of a party to the transaction; L. a credit union regulated and insured by the national credit union association; or M. any other person, transaction or class of persons or transactions exempted by the director's rule or any other person or transaction exempted by the director's order pursuant to a finding that the licensing of the person or transaction is not necessary to achieve the purposes of the Uniform Money Services Act. History: Laws 2016, ch. 88, § 103. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017. Cross references. — For the federal Bank Service Company Act, see 12 USC §§ 1861 to 1867. For the federal Edge Act, see 12 USC § 632. For the federal Commodity Exchange Act, see 7 USC § 1.
NM Stat § 58-32-201 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 2 - MONEY TRANSMISSION LICENSES|Section 58-32-201 - License required.

A. A person shall not engage in the business of money transmission or advertise, solicit or hold itself out as providing money transmission unless the person: (1) is licensed pursuant to Article 2 [58-32-201 to 58-32-206 NMSA 1978] of the Uniform Money Services Act; or (2) is an authorized delegate of a person licensed pursuant to Article 2 of the Uniform Money Services Act. B. A license pursuant to Article 2 of the Uniform Money Services Act is not transferable or assignable. History: Laws 2016, ch. 88, § 201. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017. Temporary provisions. — Laws 2016, ch. 88, § 1005 provided that the director of the financial institutions division of the regulation and licensing department shall promulgate such rules as are necessary to transition licensees pursuant to 58-20-1 NMSA 1978 to the licensing provisions of the Uniform Money Services Act.
NM Stat § 58-32-203 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 32 - Uniform Money Services|Article 2 - MONEY TRANSMISSION LICENSES|Section 58-32-203 - Security.

A. Except as otherwise provided in Subsection B of this section, a surety bond, letter of credit, or other similar security acceptable to the director shall accompany an application for a license pursuant to Article 2 [58-32-201 to 58-32-206 NMSA 1978] of the Uniform Money Services Act. Except as otherwise provided in Subsections D and F of this section, the required security shall be in the amount of three hundred thousand dollars ($300,000) or an amount equal to one percent of the licensee's total yearly dollar volume of money transmission business in this state or the applicant's projected total volume of business in this state for the first year of licensure, whichever is greater, up to a maximum of two million dollars ($2,000,000). B. The security shall be in form and substance and from an issuer satisfactory to the director and payable to New Mexico for the benefit of any claimant against the licensee to secure the faithful performance of the obligations of the licensee with respect to money transmission. C. The aggregate liability on a surety bond shall not exceed the principal sum of the bond. A claimant against a licensee may maintain an action on the bond or the director may maintain an action on behalf of the claimant. D. A surety bond shall cover claims for so long as the director specifies, but for at least five years after the licensee ceases to provide money services in New Mexico. However, the director may permit the amount of security to be reduced or eliminated before the expiration of that time to the extent the amount of the licensee's payment instruments or stored-value obligations outstanding in New Mexico is reduced. The director may permit a licensee to substitute another form of security acceptable to the director for the security effective at the time the licensee ceases to provide money services in New Mexico. E. In lieu of the security prescribed in this section, an applicant for a license or a licensee may provide security in form and substance and from an issuer prescribed by the director. F. The director may increase the amount of security required to a maximum of five million dollars ($5,000,000) if the financial condition of a licensee so requires, as evidenced by reduction of net worth, financial losses or other relevant criteria. History: Laws 2016, ch. 88, § 203. ANNOTATIONSEffective dates. — Laws 2016, ch. 88, § 1007 makes Laws 2016, ch. 88 effective January 1, 2017.