A. In a civil action or administrative proceeding pursuant to the New Mexico Uniform Securities Act, a person claiming an exemption, exception, preemption or exclusion has the burden to prove the applicability of the claim.
B. In a criminal proceeding pursuant to the New Mexico Uniform Securities Act, a person claiming an exemption, exception, preemption or exclusion has the burden of going forward with evidence of the claim.
History: Laws 2009, ch. 82, § 503.
Effective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 13C - New Mexico Uniform Securities
Article 5 - Fraud and Liabilities
Section 58-13C-501 - Securities fraud.
Section 58-13C-502 - Prohibited conduct in providing investment advice.
Section 58-13C-503 - Evidentiary burden.
Section 58-13C-504 - Filing of sales and advertising literature.
Section 58-13C-505 - Misleading filings.
Section 58-13C-506 - Misrepresentations concerning registration or exemption.
Section 58-13C-507 - Qualified immunity.
Section 58-13C-508 - Criminal penalties.