A. The director has the power to require banks under his supervision to keep their records in such manner and form that they will at all times reflect the true condition of the bank and permit it to be readily and thoroughly audited.
B. Every state bank shall retain its business records for such periods as are or may be prescribed by or in accordance with the provisions of this section.
C. Each state bank shall retain permanently the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger, its daily statements of condition, its general journal, its investment ledger, its copies of bank examination reports and all records which the director in accordance with the provisions of this section requires to be retained permanently.
D. All other bank records shall be retained for such periods as the director in accordance with the provisions of this section prescribes.
E. The director shall from time to time issue regulations classifying all records kept by the state banks and prescribing the period for which records of each class shall be retained. Periods may be permanent or for a lesser term of years. Regulations may from time to time be amended or repealed. Prior to issuing any such regulation, the director shall consider:
(1) actions at law and administrative proceedings in which the production of bank records might be necessary or desirable;
(2) state and federal statutes of limitation applicable to such actions or proceedings;
(3) the availability of information contained in bank records from other sources; and
(4) such other matters as the director deems pertinent in order that his regulations will require banks to retain their records for as short a period as is commensurate with the interests of bank customers and shareholders and of the people of this state in having bank records available.
F. Any state bank may dispose of any record which has been retained for the period prescribed by or in accordance with the provisions of this section for retention of records of its class and shall thereafter be under no duty to produce that record in any action or proceeding.
G. Any state bank may cause any or all records at any time in its custody to be converted into electronic images or be reproduced by the microphotographic process, and an image or reproduction has the same force and effect as the original and may be admitted in evidence equally with the original.
H. To the extent that they are not in contravention of any law of the United States, the provisions of this section apply to all banks doing business in this state.
History: 1953 Comp., § 48-22-33.5, enacted by Laws 1975, ch. 330, § 23; 1999, ch. 213, § 6.
ANNOTATIONSCross references. — For meaning of director, see 58-1-3 NMSA 1978.
The 1999 amendment, effective June 18, 1999, substituted "director" for "commissioner" throughout the section; inserted "converted into electronic images or be" and "an image or" in Subsection G; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 18.
Rights and remedies of financial institution customer in relation to subpoena duces tecum exception to general prohibitions of state right to financial privacy statute, 43 A.L.R.4th 1157.
9 C.J.S. Banks and Banking §§ 27, 116.