A. The act, omission or failure of any official, agent or other person acting for any individual, association, partnership, corporation or trust within the scope of his employment or office shall be deemed the act, omission or failure of such individual, association, partnership, corporation or trust, as well as of such official, agent or other person.
B. Every person who directly or indirectly controls another person liable under any provision of the Model State Commodity Code, every partner, officer or director of such other person, every person occupying a similar status or performing similar functions, and every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.
History: Laws 1985, ch. 163, ยง 8.
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.