Section 58-10-104 – Authority to engage in leasing safe deposit facilities; subsidiary company.
A. Subject to any regulations the supervisor may prescribe, an association may maintain and lease safe deposit boxes and may accept property or documents for safekeeping if, with the exception of night depositories, it issues a receipt for each transaction. B. An association may own stock in safe deposit companies not exceeding in aggregate cost […]
Section 58-10-105 – Access by fiduciaries.
A. Where access to a safe deposit box is requested by one or more persons acting as fiduciaries, the lessor may, except as otherwise expressly provided in the lease or the writings pursuant to which such fiduciaries are acting, allow access to, and removal of, the contents of the safe deposit box upon obtaining proper […]
Section 58-10-106 – Effect of lessee’s death or incapacity.
When a lessor, without knowledge of a lessee’s death or of an adjudication of his incapacity, deals with a lessee’s agent pursuant to a written power of attorney signed by the lessee, the transaction binds the lessee’s estate and the lessee. History: 1953 Comp., § 48-15-146, enacted by Laws 1971, ch. 242, § 6; 1975, […]
Section 58-10-107 – Lease to minor.
A lessor may lease a safe deposit box to, and in this connection deal with, a minor with the same effect as if leasing to, and dealing with, a person of full legal capacity. History: 1953 Comp., § 48-15-147, enacted by Laws 1971, ch. 242, § 7. ANNOTATIONS Cross references. — For the age of […]
Section 58-10-81 – Removal of directors, officers and employees.
The supervisor may require that any director, officer or employee of an association who has participated in a violation, as described in Section 78 [58-10-80 NMSA 1978] of the Savings and Loan Act, be removed from the association if the action of the person or persons concerned was knowingly and willfully taken. Prior to entering […]
Section 58-10-97 – Disclosure of confidential information; felony; civil liability.
The supervisor or any examiner, inspector, deputy, assistant or clerk appointed or acting under the provisions of the Savings and Loan Act who fails to keep secret any facts or information regarding an association obtained in the course of an examination or by reason of his official position, except when the public duty of the […]
Section 58-10-82 – Order to refrain from voting shares.
In addition to other powers conferred by law, the supervisor may order any shareholder or person entitled to vote in an association to refrain from voting his shares or membership on any matter if he finds that such order is necessary to protect the association against reckless, incompetent or careless management, to safeguard the accounts […]
Section 58-10-83 – Emergency power of supervisor.
Notwithstanding the procedures set forth in Sections 71, 78 and 79 [58-10-72, 58-10-80, 58-10-81 NMSA 1978] of this act, should the supervisor determine that an emergency exists which requires him to exercise, without delay, any of his powers granted under Sections 71, 78 and 79, he may issue, without notice, hearing or delay, any regulations […]
Section 58-10-84 – When order is final; appeal.
A. If a hearing has been held in regard to an order made pursuant to Section 58-10-80 or 58-10-81 NMSA 1978 and the supervisor’s order is continued either in its original form or a modified form, the order is final when the supervisor enters his decision in the record of the hearing after the hearing. […]
Section 58-10-85 – Receivership.
If, in the judgment of the supervisor, the public interest requires it, he may apply to the district court of the county in which the principal office of any association is located for the appointment of a receiver for the association. The court shall appoint a receiver as applied for if it finds that either […]