2023 New Mexico Statutes › Chapter 58 - Financial Institutions and Regulations › Article 1 - Banking Generally › Section 58-1-22 - Investments.

A. In addition to other investments expressly authorized by the Banking Act, a state bank may:
(1) purchase or discount obligations that satisfy the requirements of the Banking Act for loans;
(2) purchase or discount obligations of the United States or a state of the United States or bonds or debentures issued pursuant to the Federal Farm Loan Act, as amended, and the Farm Credit Act of 1933, as amended;
(3) purchase or discount obligations in amounts not to exceed ten percent of its capital and surplus for each of the following: the inter-American development bank, the African development bank, the Asian development bank and the international bank for reconstruction and redevelopment;
(4) purchase or discount obligations of a territory of the United States, a subdivision or instrumentality of a state or territory of the United States or an authority organized under either state law, an interstate compact or by substantially identical legislation adopted by two or more states;
(5) purchase or discount obligations of a corporation chartered by the United States or a state thereof doing business in the United States that are approved by the director for investment;
(6) invest in industrial revenue bonds issued by the state or any of its political subdivisions up to twenty percent of its capital and surplus for any one issue, with a total in all such issues not to exceed fifty percent of its capital and surplus;
(7) invest an amount not exceeding twenty percent of its capital and surplus in any one issue for revenue obligations issued to provide, enlarge or improve electric power, gas, water, sewer facilities and other public facilities by any city or town located in the state; and
(8) invest in any obligation in which a national bank is authorized to invest at the time of making the investment, notwithstanding any provisions to the contrary in the Banking Act.
B. A state bank authorized to exercise trust powers may invest an amount not exceeding ten percent of its capital in the stock of a corporation owned entirely by banks and exclusively engaged in a trust company business and maintaining its offices on the premises used by the bank or another bank also owning part of its capital stock or adjacent to the premises of any bank owning part of its stock.
C. A state bank may invest an amount not exceeding twenty-five percent of its capital and surplus in the stock and obligations of a corporation owning the premises occupied by the bank for the transaction of its business.
D. A state bank may purchase or sell without recourse against it any security upon the order of a customer and for his account.
E. A state bank may invest an amount approved by the director in the stock of a corporation owned entirely by banks and engaged in providing record-keeping services using electronic or other similar machines.
F. A state bank may make an investment or conduct an activity the director determines is a part of or is incidental to the business of banking notwithstanding any provision to the contrary in the Banking Act.
History:
1953 Comp., § 48-22-22, enacted by Laws 1963, ch. 305, § 22; 1975, ch. 330, § 15; 1988, ch. 22, § 1; 1997, ch. 23, § 3.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, added Subsection F and made minor stylistic changes in Paragraphs A(1) and (5).
Federal acts.
— The Federal Farm Loan Act and the federal Farm Credit Act of 1933 appeared as 12 U.S.C. § 641 et seq.; those provisions were repealed or superseded in 1971. Current comparable provisions are 12 U.S.C. § 2001 et seq.
State chartered banks and savings and loan associations are permitted to invest in mutual funds.
1987 Op. Att'y Gen. No. 87-04.
Mutual funds may not be pledged as collateral for depositions of public funds.
1987 Op. Att'y Gen. No. 87-04.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
10 Am. Jur. 2d Banks § 157.
Liability of bank for losses incurred on loans or investments made on recommendation of its officers or employees, 113 A.L.R. 246.
9 C.J.S. Banks and Banking § 184.