A POS terminal installed and operated pursuant to the Remote Financial Service Unit Act is not a branch office of a financial institution and shall not be construed to be a branch office of a financial institution under New Mexico law. If any court of competent jurisdiction construes a POS terminal to be installed or installed under the authority of the Remote Financial Service Unit Act to be a branch office of a financial institution, the supervisory authority approving branch offices of financial institutions shall approve any application for a POS terminal to be installed or installed under the authority of the Remote Financial Service Unit Act without regard to capital requirements for a financial institution branch office and without regard to the convenience and necessity for a financial institution branch office or any other factors normally considered in granting or denying a financial institution branch office application.
History: 1953 Comp., § 48-25-7 as enacted by Laws 1977, ch. 359, § 7; repealed and reenacted by Laws 1990, ch. 123, § 7.
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.
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Section 58-16-10.1 - Repealed.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.