The prohibition in Subsection B of Section 3 [58-13A-3 NMSA 1978] of the Model State Commodity Code shall not apply to any of the following persons, or any employee, officer or director thereof acting solely in that capacity:
A. a person registered with the commodity futures trading commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;
B. a person registered with the securities and exchange commission as a broker-dealer whose activities require such registration;
C. a person affiliated with, and whose obligations and liabilities are guaranteed by, a person referred to in Subsection A or B of this section;
D. a person who is a member of a contract market designated by the commodity futures trading commission or any clearinghouse thereof;
E. a financial institution; or
F. a person registered under the laws of this state as a securities broker-dealer whose activities require such registration.
History: Laws 1985, ch. 163, ยง 4.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 13A - Model State Commodity Code
Section 58-13A-1 - Short title.
Section 58-13A-2 - Definitions.
Section 58-13A-3 - Unlawful commodity transactions.
Section 58-13A-4 - Exempt persons.
Section 58-13A-5 - Exempt transactions.
Section 58-13A-6 - Unlawful commodity activities.
Section 58-13A-7 - Fraudulent conduct.
Section 58-13A-8 - Liability of principals, controlling persons and others.
Section 58-13A-9 - Securities laws unaffected.
Section 58-13A-11 - Investigations.
Section 58-13A-12 - Enforcement.
Section 58-13A-13 - Power of court to grant relief.
Section 58-13A-14 - Criminal penalties.
Section 58-13A-15 - Administration.
Section 58-13A-16 - Cooperation with other agencies.
Section 58-13A-17 - General authority to adopt rules, forms and orders.
Section 58-13A-18 - Consent to service of process.
Section 58-13A-19 - Scope of the code.
Section 58-13A-20 - Procedure for entry of an order.