A. Nothing in the Remote Financial Service Unit Act shall be construed as authority for any person to provide financial services in a manner not otherwise permitted or restricted by applicable law nor as authority to enlarge upon the financial services that financial institutions are permitted by applicable law to perform.
B. Except as provided in Subsection F of Section 58-16-5 NMSA 1978, no provision of the Remote Financial Service Unit Act shall be construed to limit or otherwise control any debits or credits or other electronic funds transfers through a network or other system within the proprietary control of one or more merchants.
History: 1953 Comp., § 48-25-4, enacted by Laws 1977, ch. 359, § 4; 1989, ch. 218, § 2; repealed and reenacted by Laws 1990, ch. 123, § 4; 1991, ch. 120, § 8.
Repeals and reenactments. — Laws 1990, ch. 123, § 18 repeals the Remote Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a new Remote Financial Service Unit Act, effective May 16, 1990.
The 1991 amendment, effective June 14, 1991, designated the existing section as Subsection A and added Subsection B.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 16 - Remote Financial Service Units
Section 58-16-1 - Short title.
Section 58-16-2 - Purpose of act.
Section 58-16-3 - Definitions.
Section 58-16-4 - Restrictions on provision of financial services.
Section 58-16-5 - Point-of-sale terminals.
Section 58-16-6 - Use of automated teller machines.
Section 58-16-7 - POS terminal not considered a financial institution branch office.
Section 58-16-9 - Off-premises ATM considered a financial institution branch office.
Section 58-16-10 - Notice to director.
Section 58-16-10.1 - Repealed.
Section 58-16-11 - Restrictions on owning, leasing and operating.
Section 58-16-13 - Confidentiality.
Section 58-16-14 - Issuance of card; liability of cardholder; limits of liability.
Section 58-16-14.1 - Transaction fee.
Section 58-16-15 - Civil liability.
Section 58-16-16 - Criminal penalty.