A. In addition to other powers conferred by law, the director has power to:
(1) restrict the withdrawal of deposits from all or one or more state banks where he finds that extraordinary circumstances make such restriction necessary for the property protection of depositors in the affected institution;
(2) authorize a state bank to:
(a) participate in a public agency created under the laws of this state or of the United States the purpose of which is to afford advantages or safeguards to banks or to depositors and to comply with all requirements and conditions imposed upon such participants;
(b) engage in any banking activity in which insured depository institutions subject to the jurisdiction of the federal government may be authorized by federal legislation to engage, provided he finds state banks or their depositors may be injured or liable to injury if the authorization is not given; and
(c) offer any product or service that is at the time authorized or permitted to any insured depository institution, provided that powers conferred by this subparagraph shall always be subject to the same limitations and restrictions that are applicable to the insured depository institution offering the product or service;
(3) order the holder of shares in a bank to refrain from voting the shares on any matter if he finds that an order is necessary to protect the institution against reckless, incompetent or careless management, to safeguard the funds of depositors or to prevent the willful violation of the Banking Act or of any lawful rule or order issued pursuant to that act, in which case the shares of such a holder shall not be counted in determining the existence of a quorum or a percentage of the outstanding shares necessary to take any corporate action; and
(4) order any person to cease violating a provision of the Banking Act or a lawful regulation issued pursuant to that act or to cease engaging in any unsound banking practice.
B. The director may remove or suspend, for a period of not more than three years, a director, trustee, officer or employee of a state bank who becomes ineligible to hold his position or who, after receipt of an order to cease pursuant to Subsection A of this section, violates the Banking Act or a lawful regulation or order issued pursuant to that act or who is dishonest or who is reckless or grossly incompetent in the conduct of banking business. It is unlawful for any such person after receipt of a removal or suspension order to perform any duty or exercise any power of any state bank for a period of three years or the period of suspension. A removal or suspension order shall specify the grounds thereof, and a copy of the order shall be sent to the bank concerned.
C. Notice and hearing shall be provided in advance of any action taken by the director under the authority of this section. The notice shall specify the time and place of the hearing.
D. The director has power to require a state bank to:
(1) maintain its records in accordance with standard banking practices;
(2) observe generally recognized methods and standards which he may prescribe for determining the value of various types of assets;
(3) charge off the whole or any part of an asset which cannot lawfully be held;
(4) write down an asset to its market value;
(5) file or record liens and other interests in property;
(6) obtain a financial statement from a borrower;
(7) obtain insurance against damage to real estate taken as security;
(8) search or obtain insurance of the title to real estate taken as security; and
(9) maintain adequate insurance against such other risks as the director may determine to be necessary and appropriate for the protection of depositors and the public.
E. The director has the power to subpoena witnesses, compel their attendance, require the production of evidence, administer an oath and examine any person under oath in connection with any subject relating to duty imposed upon or a power vested in the director. These powers shall be enforced by the district court of the district in which the hearing is held.
F. The director may, on petition of any interested person and after hearing, issue a declaratory order with respect to the applicability of the Banking Act or a rule issued pursuant to that act to any person, property or state of facts. The order shall bind the director and all parties to the proceeding on the state of facts declared unless it is modified or reversed by a court. A declaratory order may be reviewed and enforced in the same manner as other orders of the director, but the refusal to issue a declaratory order shall be reviewable.
G. No person shall be subjected to any civil or criminal liability for any act or ommission [omission] to act in good faith in reliance upon an existing order, regulation or definition of the director, notwithstanding a subsequent decision by a court invalidating the order, regulation or definition.
History: 1953 Comp., § 48-22-33, enacted by Laws 1963, ch. 305, § 33; 1999, ch. 213, § 5.
ANNOTATIONSCross references. — For examination of federal reserve banks, see 58-5-10 NMSA 1978.
For director of financial institutions, see 9-16-4 NMSA 1978.
For Trust Company Act, see 58-9-1 NMSA 1978.
For Residential Home Loan Act, see 56-8-22 NMSA 1978.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
The 1999 amendment, effective June 18, 1999, substituted "director" for "commissioner" throughout the section; in Paragraph A(2) substituted "insured depository institutions" for "banks" in Subparagraph (b) and added Subparagraph (c); and made minor stylistic changes.
Law reviews. — For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Bank's liability, under state law, for disclosing financial information concerning depositor or customer, 81 A.L.R.4th 377.
9 C.J.S. Banks and Banking §§ 8, 9.