A. Applicants for license as securities salesperson shall be qualified as follows:
(1) be an individual not less than twenty-one years of age;
(2) be honest and trustworthy, of good personal and business reputation and financially responsible;
(3) take and pass an examination as given by the superintendent, reasonably testing the knowledge of the applicant of the securities to be sold, the responsibilities of a salesperson relative thereto and competence of the applicant to act as a securities salesperson; and
(4) file with the superintendent along with application for license and thereafter maintain in force while so licensed, a surety bond issued by an authorized surety insurer or deposit of cash or cash-equivalent in lieu of the bond, in reasonable penal sum fixed by the superintendent but not less than ten thousand dollars ($10,000), for protection of the registrant, persons purchasing securities through the salesperson and the state of New Mexico and to assure compliance with law and the applicable regulations of the superintendent.
B. Procedure for application for license, examination of applicant, issuance, terms, duration and suspension or revocation of license and related matters shall be as provided by applicable provisions of Chapter 59A, Article 11 NMSA 1978. Fee for license and examination shall be as fixed in Section 59A-6-1 NMSA 1978.
C. This section shall not apply as to securities broker-dealers registered as such under the Securities Exchange Act of 1934, as amended, or as to securities the sale of which is underwritten (other than on a best efforts basis) by such a broker-dealer.
History: Laws 1984, ch. 127, § 606; 1987, ch. 259, § 24; 1999, ch. 272, § 20; 1999, ch. 289, § 29.
ANNOTATIONSCross references. — For the federal Securities Exchange Act of 1934, see 15 U.S.C. § 78a et seq.
The 1999 amendment, effective June 18, 1999, in Subsection A, substituted "shall be qualified" for "must be qualified therefor", deleted "must" from the beginning of Paragraphs A(1) to A(4), deleted "resident in this state and" following "an individual" in Paragraph A(1), and substituted "securities" for "securites" near the end of Paragraph A(3).
Laws 1999, ch. 272, § 20 and Laws 1999, ch. 289, § 29, both effective June 18, 1999, enacted identical amendments to this section. The section was set out as amended by Laws 1999, ch. 289, § 29. See 12-1-8 NMSA 1978.