New Mexico Statutes
Article 11 - Credit Unions
Section 58-11-2 - Definitions.

As used in the Credit Union Act:
A. "board member" means a member of the board of directors of a credit union;
B. "capital" means share accounts, membership shares, reserves and undivided earnings;
C. "credit union" means a cooperative, nonprofit, financial institution organized under or subject to the Credit Union Act for the purposes of encouraging thrift among its members, creating a source of credit at fair and reasonable rates of interest and providing an opportunity for its members to use and control their own money on a democratic basis in order to improve their economic and social condition;
D. "deposit account" means a balance held by a credit union and established by a person in accordance with standards specified by the credit union, including balances designated as deposits, deposit certificates, checking accounts or other names. Ownership of a deposit account does not confer membership or voting rights and does not represent an interest in the capital of the credit union upon dissolution or conversion to another type of institution;
E. "director" means the director of the financial institutions division of the regulation and licensing department;
F. "division" means the financial institutions division of the regulation and licensing department;
G. "executive officer" means any person who is responsible for the management of the credit union as provided in the bylaws of the credit union and includes the chief executive officer, the president, a vice president, the credit union manager, an assistant manager or a person who is assigned and performs the management duties appropriate to those offices;
H. "governmental unit" means any board, agency, department, authority, instrumentality or other unit or organization of the United States, this state or any political subdivision thereof;
I. "immediate family" means those persons related by blood or marriage as well as stepchildren, foster children and adopted children or persons who live in the same residence and maintain a single economic unit;
J. "insolvent" means the condition that results when the cash value of assets is less than the liabilities and members' share and deposit accounts;
K. "insuring organization" means the national credit union administration or any other insurer that has been approved by the director to provide aid and financial assistance to credit unions that are in the process of liquidation or are incurring financial difficulty, in order that the share and deposit accounts in credit unions shall be protected or guaranteed against loss without limit or up to a specified level for each account;
L. "membership share" means a balance held by a credit union and established by a member in accordance with standards specified by the credit union. Ownership of a membership share represents an interest in the capital of the credit union upon dissolution or conversion to another type of institution;
M. "organization" means any corporation, association, partnership, society, firm, syndicate, trust or other legal entity;
N. "person" means any individual, organization or governmental unit;
O. "primary share account" means a share account that a credit union's bylaws designate as conferring voting rights;
P. "risk assets" means all assets of the credit union except those exempted by the director by regulation;
Q. "service facility" means any building, machine or device, whether mechanical, electronic or otherwise, that is operated or maintained, in whole or in part, to provide services to members; and
R. "share account" means a balance held by a credit union and established by a member in accordance with standards specified by the credit union, including balances designated as shares, share certificates, share draft accounts or other similar names. Ownership of a share account confers membership and represents an interest in the capital of the credit union upon dissolution or conversion to another type of institution.
History: Laws 1987, ch. 311, § 2; 1991, ch. 51, § 1; 1997, ch. 195, § 2; 2003, ch. 28, § 1.
Repeals and reenactments. — Laws 1987, Chapter 311 repealed former 58-11-2 NMSA 1978, as enacted by Laws 1975, ch. 344, § 1, relating to short title of the Credit Union Act, effective June 19, 1987, and enacted a new 58-11-2 NMSA 1978.
Cross references. — For Section 208(a)(1) of the Federal Credit Union Act referred to in Subsection O(14), see 12 U.S.C. § 1788(a)(1).
The 2003 amendment, effective June 20, 2003, in Subsection I, inserted "stepchildren," preceding "foster" and inserted "children" following "foster" near the middle and added "or persons who live in the same residence and maintain a single economic unit" at the end; deleted the second sentence in Subsection L which read "Each member may own only one membership share."; added present Subsection O and redesignated the subsequent subsections accordingly; and deleted "and voting rights" following "share account confers membership" near the middle of the second sentence of Subsection R.
The 1997 amendment, effective July 1, 1997, substituted "Credit Union Act" for "Credit Union Regulatory Act" in the introductory paragraph and in Subsection C, substituted "who is responsible for the management" for "other than a member of the board of directors who performs duties in the management" in Subsection G, rewrote Subsection O, added Subsection P, redesignated former Subsection P as Subsection Q, and made minor stylistic changes throughout the section.
Laws 1997, ch. 195, § 42 repealed Laws 1987, ch. 311, § 68, which had provided for the repeal of this section on July 1, 1997.
The 1991 amendment, effective July 1, 1991, in Subsection B, substituted "share" for "shared"; added Subsection G and redesignated the subsequent subsections accordingly; and, in Subsection O, substituted "students" for "student" in Paragraph (5) and added "less depreciation" in Paragraphs (10) and (11).

Structure New Mexico Statutes

New Mexico Statutes

Chapter 58 - Financial Institutions and Regulations

Article 11 - Credit Unions

Section 58-11-1 - Short title.

Section 58-11-2 - Definitions.

Section 58-11-3 - Supervision and regulation.

Section 58-11-4 - Appeal rights and court review.

Section 58-11-5 - Examinations; supervision fees.

Section 58-11-6 - Records.

Section 58-11-7 - Reports.

Section 58-11-8 - Records of the division.

Section 58-11-9 - Conflicts of interest.

Section 58-11-10 - Formation of credit union.

Section 58-11-11 - Forms of articles and bylaws.

Section 58-11-12 - Amendments.

Section 58-11-13 - Use of name exclusive.

Section 58-11-14 - Service facilities.

Section 58-11-15 - Fiscal year.

Section 58-11-16 - Out-of-state credit unions; approval to conduct business; director's duties and powers.

Section 58-11-17 - Doing business outside this state.

Section 58-11-18 - Powers of credit unions.

Section 58-11-19 - Incidental powers.

Section 58-11-20 - Advantageous federal powers.

Section 58-11-21 - Membership.

Section 58-11-22 - Central credit unions.

Section 58-11-23 - Other credit unions.

Section 58-11-24 - Member eligibility.

Section 58-11-25 - Liability of members.

Section 58-11-26 - Meetings of members.

Section 58-11-27 - Direction of affairs.

Section 58-11-28 - Record of officials.

Section 58-11-29 - Vacancies.

Section 58-11-30 - Compensation of officials.

Section 58-11-31 - Conflicts of interest.

Section 58-11-32 - Officers.

Section 58-11-32.2 - Repealed.

Section 58-11-33 - Authority and responsibility of board members.

Section 58-11-34 - Repealed.

Section 58-11-35 - Meetings of board members.

Section 58-11-36 - Duties of board members.

Section 58-11-37 - Repealed.

Section 58-11-38 - Supervisory committee.

Section 58-11-39 - Members' accounts.

Section 58-11-40 - Dividends and interest.

Section 58-11-41 - Withdrawals.

Section 58-11-42 - Accounts of minors.

Section 58-11-43 - Joint accounts.

Section 58-11-44 - Trust accounts.

Section 58-11-45 - Payable-on-death accounts.

Section 58-11-46 - Liens.

Section 58-11-47 - Dormant accounts.

Section 58-11-48 - Share and deposit insurance.

Section 58-11-49 - Loan policies.

Section 58-11-50 - Insurance for members.

Section 58-11-51 - Liability and fidelity insurance for officials and employees.

Section 58-11-52 - Group purchasing.

Section 58-11-53 - Money-type instruments.

Section 58-11-54 - Retirement accounts.

Section 58-11-55 - Trust authority.

Section 58-11-56 - Investments.

Section 58-11-57 - Repealed.

Section 58-11-57.1 - Capitalization and reserves.

Section 58-11-58 - Dissolution.

Section 58-11-59 - Merger of credit unions.

Section 58-11-60 - Conversion.

Section 58-11-61 - Taxation.

Section 58-11-62 - Criminal liability.

Section 58-11-63 - Slander; libel.

Section 58-11-64 - Repealed.

Section 58-11-65 - False affidavit; penalty.