A. A state bank shall have such capital structure as the commissioner [director of the financial institutions division of the regulation and licensing department] shall deem adequate, except that no bank hereafter organized shall do business unless it shall have a bona fide minimum paid-up capital stock structure of at least, five hundred thousand dollars ($500,000), divided one-half to common capital and the remaining one-half to surplus and undivided profits. No bank shall pay a dividend on its common stock unless its remaining surplus after payment of such dividend equals twenty percent of the minimum common capital requirement. All banks heretofore or hereafter organized shall transfer at least a one-fifth part of their net profits, for the preceding accounting period, to their surplus fund until the same equals fifty percent of their common capital stock. When the surplus fund of a bank equals fifty percent of their common capital stock, there shall be added to the surplus fund each accounting period, ten percent of the net profits of the bank until the surplus fund is equal to the common capital stock, and such surplus shall thereafter be maintained unless impaired by unavoidable losses. This section shall not be construed to apply to trust companies.
B. Whenever the capital of any bank shall be impaired, it shall make no new loans or discounts.
History: 1953 Comp., § 48-22-43, enacted by Laws 1963, ch. 305, § 43; 1975, ch. 330, § 31.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Effect when authorized capital stock fully subscribed. — When the authorized capital stock of a banking corporation is fully subscribed, it was held under former law that it has no power or authority to solicit additional subscriptions to its capital stock, and a note given for such subscription is without consideration. Morrill v. Harris, 1917-NMSC-053, 23 N.M. 146, 167 P. 276, distinguished in American Hosp. & Life Ins. Co. v. Kunkel, 1962-NMSC-167, 71 N.M. 164, 376 P.2d 956.
Equity capital. — Legislature intended that equity capital of banking corporation should be composed of common stock, and the issuance by such a corporation of preferred stock to raise equity capital was not expressly authorized. 1979 Op. Att'y Gen. No. 79-06.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 30.
Reduction of capital stock and distribution of capital assets upon reduction, 44 A.L.R. 11, 35 A.L.R.2d 1149.
Validity, construction and effect of statutory provisions concerning capital requisites of state incorporation of bank, 79 A.L.R.3d 1190.
9 C.J.S. Banks and Banking § 48 et seq.