reglab/housing_qa huggingface dataset:
NM Stat § 58-11-65 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11 - Credit Unions|Section 58-11-65 - False affidavit; penalty.

Any person who makes a false statement in writing for the purpose of obtaining credit union funds is guilty of a third degree felony. History: Laws 1987, ch. 311, § 65. ANNOTATIONSRepeals. — Laws 1997, ch. 195, § 42 repealed Laws 1987, ch. 311, § 68, which had provided for the repeal of this section on July 1, 1997. Severability clauses. — Laws 1987, ch. 311, § 66 provides for the severability of the Credit Union Regulatory Act if any part or application thereof is held invalid. Convictions under this section and for fraud improper. — Conviction under this section and under Section 30-16-6 NMSA 1978 for fraud over $2,500 violated defendant's double jeopardy rights. State v. Montoya, 1993-NMCA-097, 116 N.M. 297, 861 P.2d 978, cert. denied, 116 N.M. 364, 862 P.2d 1223.
NM Stat § 58-11A-1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11A - Leasing of Safe Deposit Facilities|Section 58-11A-1 - Authority to engage in leasing safe deposit facilities; subsidiary company.

A. Subject to such regulations as the director may prescribe, a credit union may maintain and lease safe deposit boxes and may accept property or documents for safekeeping if, except in the case of night depositories, it issues a receipt for them. B. A credit union may own stock in safe deposit box companies not exceeding in aggregate cost fifteen percent of its regular reserve and undivided earnings, but at least ninety percent of the stock in each safe deposit box company must be owned by credit unions, banks or trust companies. History: Laws 1991, ch. 51, § 21.
NM Stat § 58-11A-2 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11A - Leasing of Safe Deposit Facilities|Section 58-11A-2 - Effect of lessee's death or incapacity.

Unless otherwise provided in a written agreement, where a lessor, without knowledge of the death of or an adjudication of incapacity of the lessee, deals with his agent pursuant to a written power of attorney signed by the lessee, the transaction binds the lessee's estate and the lessee. History: Laws 1991, ch. 51, § 22. ANNOTATIONSCross references. — For proof of valid power of attorney, see 45-5-502 NMSA 1978.
NM Stat § 58-11A-3 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11A - Leasing of Safe Deposit Facilities|Section 58-11A-3 - Lease to minor.

A lessor may lease a safe deposit box and in connection therewith deal with a minor with the same effect as if leasing to and dealing with a person of full legal capacity. History: Laws 1991, ch. 51, § 23. ANNOTATIONSCross references. — For the age of majority, see 28-6-1 NMSA 1978.
NM Stat § 58-11A-4 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11A - Leasing of Safe Deposit Facilities|Section 58-11A-4 - Search procedure upon death of lessee.

A. A lessor shall permit the person named in a court order, or if no order has been served upon the lessor, the spouse, parent, an adult descendant or a person named as a personal representative in a copy of a purported will produced by him, to open and examine the contents of a safe deposit box leased by a decedent or any documents delivered by a decedent for safekeeping, in the presence of an officer of the lessor. The lessor, if so requested by that person, may deliver upon execution of a receipt: (1) any writing purported to be a will of the decedent; (2) any writing purported to be a deed to a burial plot or burial instructions to the person making the request for a search; or (3) any document purported to be an insurance policy on the life of the decedent to the person named as a beneficiary in the policy. B. No other contents of a safe deposit box shall be removed pursuant to this section, except as provided in the Probate Code [Uniform Probate Code, 45-1-101 NMSA 1978]. History: Laws 1991, ch. 51, § 24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 58-11A-5 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11A - Leasing of Safe Deposit Facilities|Section 58-11A-5 - Adverse claims to contents of a safe deposit box.

A. An adverse claim to the contents of a safe deposit box or to property held in safekeeping is not sufficient to require the lessor to deny access to its lessee unless the lessor is directed to do so by court order. B. An adverse claim includes, but is not limited to, the following: (1) one of several lessees claims, contrary to the terms of the lease, an exclusive right of access; (2) a person claims a right of access as an officer or agent of a lessee to the exclusion of others as agents or officers; or (3) it is claimed that a lessee is the same person as one using another name. History: Laws 1991, ch. 51, § 25.
NM Stat § 58-11A-6 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11A - Leasing of Safe Deposit Facilities|Section 58-11A-6 - Special remedies for nonpayment of rent.

A. Unless otherwise provided in a written agreement, if the rental due on a safe deposit box has not been paid for six months, the lessor may send a notice by certified or registered mail to the last known address of the lessee stating that the safe deposit box will be opened and its contents stored at the expense of the lessee unless payment is made within thirty days. If the rental is not paid within thirty days from the mailing of the notice, the safe deposit box may be opened in the presence of an executive officer of the lessor and of a notary public. The contents of the box shall be sealed in a package by the notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the safe deposit box and a list of its contents. The certificate shall be included in the package and a copy of the certificate shall be sent by registered mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental charged for the safe deposit box. B. If the contents of the safe deposit box are not claimed within the time prescribed by the Uniform Unclaimed Property Act [Uniform Unclaimed Property Act (1995), 7-8A-30 NMSA 1978], they shall be disposed of as provided in that act. History: Laws 1991, ch. 51, § 26. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 58-11A-7 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 11A - Leasing of Safe Deposit Facilities|Section 58-11A-7 - Disposition of contents of safe deposit box when a credit union is liquidated; duty of conservator.

A. In the event a credit union is liquidated or placed under conservatorship by the director, as authorized by Subsection I of Section 58-11-3 NMSA 1978 of the Credit Union Regulatory Act [Credit Union Act], the conservator or receiver shall send a notice by certified or registered mail to the last known address of the lessee stating that the safe deposit box will be opened and its contents stored at the expense of the lessee unless claimed within thirty days. If the contents are not claimed within thirty days from the mailing of the notice, the safe deposit box may be opened in the presence of an agent of the conservator or receiver and of a notary public. The contents shall be sealed in a package by the notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the safe deposit box and a list of its contents. The certificate shall be included in the package, and a copy of the certificate shall be sent by registered mail to the last known address of the lessee. The conservator or receiver shall then provide for storage of the package at a rental not exceeding the rental previously charged for the safe deposit box. B. If the package is not claimed, it will be disposed of as provided in the Uniform Unclaimed Property Act [Uniform Unclaimed Property Act (1995), 7-8A-30 NMSA 1978]. History: Laws 1991, ch. 51, § 27. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 58-12-1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-1 - Short title.

This act [58-12-1 to 58-12-3, 58-12-4 to 58-12-15 NMSA 1978] may be cited as the "Credit Union Share Insurance Corporation Act". History: 1953 Comp., § 48-19A-1, enacted by Laws 1973, ch. 114, § 1. ANNOTATIONSCross references. — For credit unions, see Chapter 58, Article 11 NMSA 1978.
NM Stat § 58-12-2 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-2 - Definitions.

As used in the Credit Union Share Insurance Corporation Act: A. "corporation" means the credit union share insurance corporation of this state; B. "board" means the board of directors of the corporation; C. "commissioner" means the director of the financial institutions division; D. "directors" means the directors of the corporation; E. "member" means a credit union which has become a member of the corporation; F. "delegate" means a person designated by a member's board of directors to represent the member in the organization and the operation of the corporation; G. "fund" means the share insurance fund; and H. "supervisory agency" means any state governmental agency statutorily responsible for the supervision and regulation of any member not chartered in the state of New Mexico. History: 1953 Comp., § 48-19A-2, enacted by Laws 1973, ch. 114, § 2; 1977, ch. 245, § 17; 1979, ch. 95, § 1. ANNOTATIONSCompiler's notes. — The department of banking headed by a commissioner, was abolished by Laws 1977, ch. 245, § 4. Section 3 of that act established the commerce and industry department, which included a financial institutions division headed by a director. Section 120 of the act transferred to the director of the financial institutions division all powers and duties heretofore vested in the commissioner of banking. However, Laws 1983, ch. 297, § 33 abolished the commerce and industry department, and § 20 of that act created the regulation and licensing department with a financial institutions division. Laws 1983, ch. 297, § 31 transferred the personnel, etc., of the financial institutions division of the commerce and industry department to the financial institutions division of the regulation and licensing department. See 9-16-4 NMSA 1978.
NM Stat § 58-12-3 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-3 - Formation of corporation; purpose.

Any seven or more credit unions in this state or in any other state organized and existing under the provisions of the Credit Union Act [Chapter 58, Article 11 NMSA 1978] or under other substantially similar state laws may, subject to the prior approval of the director, form a corporation under the Credit Union Share Insurance Corporation Act to be known as the "New Mexico credit union share insurance corporation" for the purpose of creating and maintaining a fund for the insurance of shares and deposits of those credit unions that become members. Each of the credit unions participating in the formation of the corporation shall execute articles of incorporation therefor, which shall be submitted for filing to the secretary of state with a filing fee of five dollars ($5.00) after the articles of incorporation have been approved by the director. In the event that credit unions chartered in other states join this corporation, the corporate name may be changed by the board of directors to reflect such multistate membership. Any contract or agreement or amendment thereto for the purposes of joining this corporation to which a credit union chartered in another state is a party shall be subject to prior review and approval by the director. History: 1953 Comp., § 48-19A-3, enacted by Laws 1973, ch. 114, § 3; 1979, ch. 95, § 2; 2013, ch. 75, § 19. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto. The 2013 amendment, effective July 1, 2013, required that articles of incorporation of credit unions be filed with the secretary of state; in the first sentence, after "provisions of", deleted "Sections 58-11-1 through 58-11-33 NMSA 1978" and added "the Credit Union Act"; deleted "commissioner " and added "director" throughout the section; in the second sentence, after "filing to the", deleted "state corporation commission" and added "secretary of state" and after "five dollars ($5.00) after", delete "same has" and added "the articles of incorporation have".
NM Stat § 58-12-3.1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-3.1 - Out-of-state members.

Notwithstanding any language herein to the contrary, any member not chartered in New Mexico shall only be subject to the statutes, rules and regulations enacted or issued by the member's chartering state or applicable supervisory agency. As a condition of participation in the New Mexico credit union share insurance corporation, the member not chartered in the state of New Mexico shall appoint the New Mexico secretary of state as agent for service of process. Provided, however, nothing herein shall be construed to limit the powers of the corporation over its members, whether chartered by the state of New Mexico or by any other state. History: 1978 Comp., § 58-12-3.1, enacted by Laws 1979, ch. 95, § 3. ANNOTATIONSCross references. — For service of process upon the secretary of state, see 38-1-5 NMSA 1978.
NM Stat § 58-12-4 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-4 - Corporation organization and bylaws.

A. Except as otherwise provided, each delegate shall have one vote in the election of directors and in voting in any matter legally coming before a meeting. However, delegates shall not vote by proxy nor shall any one delegate represent more than one member. B. A quorum shall consist of a majority of the delegates entitled to vote, or eleven delegates, whichever is less. C. Subject to the approval of the commissioner and any applicable supervisory agency, the delegates may make such bylaws as they deem necessary to carry out the provisions of the Credit Union Share Insurance Corporation Act. D. Subject to Section 58-12-6 NMSA 1978, bylaws may be amended or repealed if thirty days' written notice is given to all members containing the time and place of the meeting and if the proposed amendment or repeal is approved by a vote of two-thirds of the delegates present and voting at the meeting. History: 1953 Comp., § 48-19A-4, enacted by Laws 1973, ch. 114, § 4; 1979, ch. 95, § 4. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto.
NM Stat § 58-12-5 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-5 - Corporation directors and officers.

A. The corporation shall have a board of directors consisting of seven persons, six of whom shall be elected by the delegates from among their members, with the remaining director to be elected by the other six directors and to be the chief administrative officer of the corporation. In addition, the commissioner or the director of any supervisory agency or a representative designated by the commissioner and such supervisory agency or agencies shall be an ex-officio member of the board. The articles of incorporation shall, however, designate six directors, other than the chief administrative officer, to serve until the first annual meeting of the corporation. At the first annual meeting, two directors will be elected for a term of one year, two directors for a term of two years and two directors for a term of three years, and thereafter at each annual meeting, two directors will be elected for a term of three years. The chief administrative officer shall be elected annually for a term of one year. All directors shall be sworn and hold office until their successors are qualified. If a person elected does not take the oath of office within thirty days, his office shall become vacant. The directors shall fill any vacancies on the board until the next annual meeting. The directors shall from time to time adopt such rules and regulations as they may deem necessary to effect the purposes of the Credit Union Share Insurance Corporation Act. B. There shall be a president, vice president, treasurer and secretary of the corporation and an administrator who shall serve as the chief administrative officer and shall function as the seventh director, and such other officers as the board may deem necessary. Officers shall be elected annually by the directors, at a meeting held not more than fifteen days following the adjournment of the annual delegates' meeting. The president and vice president shall be elected from the board. The secretary of the corporation shall be the secretary of the board. The directors may fill any vacancies until the next annual meeting and for causes shown may remove an officer by a two-thirds vote of all directors of the board. History: 1953 Comp., § 48-19A-5, enacted by Laws 1973, ch. 114, § 5; 1979, ch. 95, § 5. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto.
NM Stat § 58-12-6 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-6 - Corporation; board meetings.

The annual meeting of the corporation shall be held in the month of April and shall be called by the secretary at a time and place to be designated by the board. Special meetings of the corporation may be called by request either of a majority of the members of the board or the commissioner or any supervisory agency. The request shall be signed by the directors, shall state the purposes and date of the meeting and shall be given to the secretary of the corporation at least forty-five days before the date of the meeting. The call for such meeting shall state the time, place and purpose thereof and shall be mailed to each member at least thirty days before the date of the meeting. If a purpose of the meeting is to adopt an amendment to the bylaws, the request and the call of the meeting shall contain notice and a copy of the proposed amendment. The board shall meet at least quarterly, once in the months of October, January, April and July. A quorum of the board shall consist of not less than a majority of the directors. History: 1953 Comp., § 48-19A-6, enacted by Laws 1973, ch. 114, § 6; 1979, ch. 95, § 6. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto.
NM Stat § 58-12-8 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-8 - Corporation; termination of membership; penalty.

A. Whenever it shall appear to the board and the commissioner or supervisory agency that a member has conducted its business in an unsafe or unsound manner or has knowingly or negligently permitted any of its officers or agents to violate any provision of any law or regulation to which the member is subject, or has failed to pay any required assessment, the board and the commissioner or the supervisory agency shall give notice of their intention to terminate its insurance after a hearing before the commissioner or the supervisory agency, which hearing shall be held within thirty days of such notice. The board and the commissioner or the supervisory agency shall by order make such disposition of the matter as may be necessary to protect the stability and solvency of the corporation. B. In the event the order provides for termination of insurance, the commissioner or the supervisory agency shall order the member to give notice of such termination to its shareholders and depositors within such time and in such manner as he or it may require. In the event of failure to give the notice required to insured members as herein provided, the commissioner or supervisory agency is authorized to give such notice in such manner as he or it may determine, and for such purpose the member shall provide a list of its depositors and shareholders to the commissioner or supervisory agency. The termination of insurance shall be effective six months after the date the required notice is given. C. If any member shall fail to pay any assessment required under the Credit Union Share Insurance Corporation Act, the treasurer of the corporation shall notify the commissioner and the supervisory agency of such failure and the commissioner or the supervisory agency shall forthwith notify the member in writing. History: 1953 Comp., § 48-19A-8, enacted by Laws 1973, ch. 114, § 8; 1979, ch. 95, § 8. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto.
NM Stat § 58-12-9 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 12 - Credit Union Share Insurance Corporations|Section 58-12-9 - Corporation; membership.

A. Any membership applicant shall first give notice in writing to the corporation of its intention to become a member and shall submit such preliminary financial statements and other information concerning its assets, liabilities and affairs as the commissioner or supervisory agency and the board may determine. B. An applicant, before admission to the corporation, shall also be subject to such audit, if any, as the commissioner or supervisory agency and the board determine to be necessary. If the board and the commissioner or supervisory agency find that the applicant is solvent, has adequate management and is conducting its business in a safe and sound manner, or in the case of a newly organized credit union, proposes to conduct its business in a safe and sound manner, the application shall be granted. History: 1953 Comp., § 48-19A-9, enacted by Laws 1973, ch. 114, § 9; 1979, ch. 95, § 9. ANNOTATIONSCross references. — For meaning of "commissioner", see 58-12-2C NMSA 1978 and notes thereto.