A. Banks duly authorized to transact business in New Mexico are authorized to conduct branches subject to the limitations of Section 58-5-3 NMSA 1978 with the powers and limitations provided in this article, after having first obtained written approval of the director, which approval may be given or withheld by the director in his discretion. The director, in exercising his discretion, shall take into account, but not by way of limitation, factors such as the financial history and condition of the applicant bank, the adequacy of its capital structure, its future earnings prospects and the general character of its management. His approval shall not be given until he has ascertained to his satisfaction:
(1) that the establishment of the branch will meet the needs and promote the convenience of the community to be served by the branch; and
(2) that the probable volume of business and reasonable public demand in the community are sufficient to assure and maintain the solvency of the branch and of the existing banks in the same community. An investigation fee of one thousand dollars ($1,000) shall accompany each application for a branch and each application to relocate a branch or main office. The director may waive the investigation fee, at his discretion, when a branch or main office is relocating in the immediate vicinity of its present location.
B. Branch banks shall be operated as branches under the control and direction of the board of directors and executive officers of the parent bank. The name of each branch shall refer to the name of the parent bank or a registered trade name used by the parent bank.
C. As used in this section, "branch bank" includes any additional house, office, agency or place of business at which deposits are received, checks are paid or money is lent; except, where the additional house, office, agency or place of business is connected with the main banking premises by subterranean or overhead passageways through which bank personnel may pass, it shall not be considered as a branch.
History: 1953 Comp., § 48-2-16, enacted by Laws 1965, ch. 130, § 1; 1973, ch. 226, § 1; 1977, ch. 245, § 20; 1989, ch. 209, § 7; 1991, ch. 12, § 1; 1995, ch. 190, § 14.
ANNOTATIONSThe 1995 amendment, effective June 16, 1995, added "and each application to relocate a branch or main office. The director may waive the investigation fee, at his discretion, when a branch or main office is relocating in the immediate vicinity of its present location" at the end of Paragraph (2) of Subsection A.
The 1991 amendment, effective June 14, 1991, in Subsection B, deleted "of and under the name of the parent bank" following "branches" in the first sentence and added the second sentence.
When branch bank considered as parent bank. — A state bank branch manager does not transform a branch bank into a parent bank for the purposes of this section unless he wields the whole executive power of the corporation such that any wanton, malicious intent of his, in doing wrongful acts in behalf of the corporation to the injury of others, may be treated as the intent of the corporation itself. Couillard v. Bank of N.M., 1976-NMCA-034, 89 N.M. 179, 548 P.2d 459.
Customer-bank communication terminal considered branch bank. — If used to receive deposits, a customer-bank communication terminal (CBCT) which is owned by a bank for the sole use of its own customers should be considered as a branch bank. It is not necessary that a CBCT also provide the other services mentioned in Subsection C of this section to be classified a branch bank. 1975 Op. Att'y Gen. No. 75-52.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 324.
What is a "branch bank" within statutes regulating the establishment of branch banks, 23 A.L.R.3d 683.
9 C.J.S. Banks and Banking §§ 45, 46.