A. No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.
B. If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of The Uniform Act for Simplification of Fiduciary Security Transfers incurs no liability.
C. This section does not impose any liability upon the corporation or its transfer agent.
History: Laws 1991, ch. 177, ยง 8.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 8 - Simplification of Fiduciary Security Transfers
Section 46-8-1 - Short (long) title.
Section 46-8-3 - Registration in the name of a fiduciary.
Section 46-8-4 - Assignment by a fiduciary.
Section 46-8-5 - Evidence of appointment or incumbency.
Section 46-8-6 - Adverse claims.
Section 46-8-7 - Non-liability of corporation and transfer agent.
Section 46-8-8 - Non-liability of third persons.