New Mexico Statutes
Article 10 - Savings and Loan Associations
Section 58-10-9 - Expense fund requirements for proposed associations without permanent capital stock.

A. As a prerequisite to approval of an application for charter for an association without permanent capital stock, the incorporators must show to the satisfaction of the supervisor that an expense fund has been subscribed and pledged to the credit of the proposed association equal to not less than the following amounts, based on the total population of the area in which the principal office of the association is to be located:
Population of Area
Minimum Paid-in Expense fund
Below 10,000
$ 75,000
10,001 to 25,000
100,000
25,001 to 50,000
125,000
50,001 to 100,000
137,500
100,001 to 200,000
150,000
200,001 to 350,000
175,000
Over 350,000
200,000
B. The expense fund shall be used to pay the expenses of organizing the association, its operating expenses and any dividends declared and paid or credited to its savings account holders until such time as its earnings are sufficient to pay them. The amounts contributed to the expense fund are not a liability of the association except as provided in the Savings and Loan Act. The contributions may be repaid pro rata to the contributors from the net earnings of the association after provision for required loss reserve allocations and payment or credit of dividends declared on savings accounts. In case of the liquidation of an association before contributions to the expense fund have been repaid, any contributions to the expense fund remaining unexpended after payment of the expenses of liquidation, all creditors and the withdrawal value of all savings accounts, shall be paid to the contributors pro rata. The books of the association shall reflect the expense fund. Contributors to the expense fund shall be paid dividends on the amounts paid in by them and for this purpose the contributions shall in all respects be considered as savings accounts of the association.
C. The provisions of this section are not retroactive with respect to associations established or approved by the director of the financial institutions division prior to the effective date of the Savings and Loan Act.
History: 1953 Comp., § 48-15-53, enacted by Laws 1967, ch. 61, § 9; 1977, ch. 245, § 41.
Cross references. — For meaning of "supervisor", see 58-10-2J NMSA 1978.
Effective dates. — Laws 1967, ch. 61, § 101 made the Savings and Loan Act effective July 1, 1967.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 40.
9 C.J.S. Banks and Banking § 629.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 58 - Financial Institutions and Regulations

Article 10 - Savings and Loan Associations

Section 58-10-1 - Short title.

Section 58-10-2 - Definitions.

Section 58-10-3 - Application for charter.

Section 58-10-4 - Permanent capital stock.

Section 58-10-5 - Stock requirements for proposed permanent capital stock associations.

Section 58-10-6 - Paid-in surplus and operating fund requirements for proposed permanent capital stock associations.

Section 58-10-7 - Savings account requirements for proposed permanent capital stock associations.

Section 58-10-8 - Savings account requirements for proposed associations without permanent capital stock.

Section 58-10-9 - Expense fund requirements for proposed associations without permanent capital stock.

Section 58-10-10 - Capital debentures or notes.

Section 58-10-11 - Hearings on charter application.

Section 58-10-12 - Approval of application for charter.

Section 58-10-13 - Refusal of charter application; appeal.

Section 58-10-14 - Forfeiture of charter for failure to commence business.

Section 58-10-15 - Amendment of charter and bylaws.

Section 58-10-16 - Corporate name; exclusive use.

Section 58-10-17 - Branch offices.

Section 58-10-18 - Change of office.

Section 58-10-19 - Board of directors.

Section 58-10-20 - Organizational meeting.

Section 58-10-21 - Qualification of directors.

Section 58-10-22 - Officers.

Section 58-10-23 - Indemnity bonds of directors, officers and employees.

Section 58-10-24 - Meetings; voting.

Section 58-10-25 - Access to records.

Section 58-10-26 - Records.

Section 58-10-27 - Misdescription of assets.

Section 58-10-28 - Charging off or setting up reserves against bad assets.

Section 58-10-29 - Membership records.

Section 58-10-30 - Financial statement.

Section 58-10-31 - Annual reports; other reports.

Section 58-10-32 - Power to borrow.

Section 58-10-33 - General corporate powers.

Section 58-10-34 - Fiscal agent.

Section 58-10-35 - Powers under federal law.

Section 58-10-36 - Original real estate loans.

Section 58-10-37 - Dealing in real estate loans.

Section 58-10-38 - Participation with others in real estate loans.

Section 58-10-39 - Requirements in lending transactions.

Section 58-10-40 - Advances to protect security.

Section 58-10-41 - Charges for real estate loans.

Section 58-10-42 - Insured and guaranteed loans.

Section 58-10-43 - Loans on security of savings accounts.

Section 58-10-44 - Property improvement, educational and manufactured home financing loans.

Section 58-10-45 - Investment in securities.

Section 58-10-46 - Acquisition of real property.

Section 58-10-47 - Investment in office buildings.

Section 58-10-48 - Valuation of real property of an association.

Section 58-10-49 - Appraisals of real estate owned.

Section 58-10-50 - Powers and privileges of association.

Section 58-10-51 - Limitation on savings accounts.

Section 58-10-52 - Uninsured accounts; notice.

Section 58-10-53 - Insurance of accounts; failure to obtain or maintain.

Section 58-10-54 - Who may open a savings account.

Section 58-10-55 - Savings contracts.

Section 58-10-56 - Evidence of account ownership.

Section 58-10-57 - Transfer of savings accounts.

Section 58-10-58 - Lost or destroyed evidence of ownership.

Section 58-10-59 - Savings accounts of minors.

Section 58-10-60 - Power of attorney on savings accounts.

Section 58-10-61 - Pledge of savings account in joint tenancy.

Section 58-10-62 - Accounts of fiduciaries.

Section 58-10-63 - Withdrawals from savings accounts.

Section 58-10-64 - Redemption of savings accounts.

Section 58-10-65 - Lien on savings accounts.

Section 58-10-66 - Paying dividends on savings accounts.

Section 58-10-67 - Computation of net income.

Section 58-10-68 - Transfers to loss reserves.

Section 58-10-69 - Dividends on permanent capital stock.

Section 58-10-70 - Use of surplus accounts and expense fund contributions.

Section 58-10-71 - Savings and loan supervisor.

Section 58-10-72 - General powers of supervisor.

Section 58-10-73 - Regulations.

Section 58-10-74 - Confidential information.

Section 58-10-75 - Supervisor; disposition of fees.

Section 58-10-76 - Audits and examinations; fees.

Section 58-10-77 - Other examinations.

Section 58-10-78 - Federal examination.

Section 58-10-79 - Additional examinations.

Section 58-10-80 - Order to discontinue violations.

Section 58-10-81 - Removal of directors, officers and employees.

Section 58-10-82 - Order to refrain from voting shares.

Section 58-10-83 - Emergency power of supervisor.

Section 58-10-84 - When order is final; appeal.

Section 58-10-85 - Receivership.

Section 58-10-86 - Communications from supervisor.

Section 58-10-87 - Reorganization; merger; consolidation.

Section 58-10-88 - Voluntary liquidation.

Section 58-10-89 - Exemption from securities laws.

Section 58-10-90 - All businesses to conform.

Section 58-10-91 - Outstanding items considered as savings accounts.

Section 58-10-92 - Judicial review.

Section 58-10-93 - Slander; felony.

Section 58-10-94 - Violation of act; civil penalty.

Section 58-10-95 - Violations; criminal penalties.

Section 58-10-96 - Suppressing evidence; felony.

Section 58-10-97 - Disclosure of confidential information; felony; civil liability.

Section 58-10-98 - Conversion into federal association.

Section 58-10-99 - Conversion into state chartered association.

Section 58-10-100 - Conversion of association without permanent stock into permanent capital stock association.

Section 58-10-101 - Foreign associations.

Section 58-10-102 - Federal associations; applicability.

Section 58-10-103 - Payment from savings account of decedent.

Section 58-10-104 - Authority to engage in leasing safe deposit facilities; subsidiary company.

Section 58-10-105 - Access by fiduciaries.

Section 58-10-106 - Effect of lessee's death or incapacity.

Section 58-10-107 - Lease to minor.

Section 58-10-108 - Search procedure on death.

Section 58-10-109 - Adverse claims to contents of safe deposit box.

Section 58-10-110 - Special remedies for nonpayment of rent.

Section 58-10-111 - Limitation of liability on construction loans.