A. A merger or sale which is to result in a state bank shall, unless a late date is specified in the agreement, become effective upon the filing with the director of the financial institutions division of the executed agreement together with copies of the resolutions of the stockholders of each merging, purchasing and selling bank approving it and a list of the owners of the shares [who] voted against the merger or purchase, certified by the bank's president or vice president and a secretary or cashier. The charters of the merging banks, other than the resulting bank, shall thereupon automatically terminate.
B. The director of the financial institutions division shall promptly issue to the resulting bank a certificate of merger specifying the name of each merging bank and the name of the resulting state bank. Such certificate shall be conclusive evidence of the merger and of the correctness of all proceedings therefor in all courts and places, and may be recorded in any office for the recording of deeds to evidence the new name in which the property of the merging banks is held.
History: 1941 Comp., § 50-1906, enacted by Laws 1951, ch. 37, § 6; 1953 Comp., § 48-13-6; Laws 1977, ch. 245, § 30.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 27.
9 C.J.S. Banks and Banking § 468.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 4 - Merger and Consolidation of Banks
Section 58-4-1 - Additional definitions.
Section 58-4-2 - Resulting national bank.
Section 58-4-3 - Resulting state bank.
Section 58-4-4 - Merger procedure; resulting state bank.
Section 58-4-5 - Merger; approval by stockholders of state banks.
Section 58-4-7 - Conversion of national into state bank.
Section 58-4-8 - Continuation of corporate entity; use of old name.
Section 58-4-9 - Sale of all assets of bank or department.
Section 58-4-10 - Dissenting stockholders.
Section 58-4-11 - Nonconforming assets or business.
Section 58-4-12 - Book value of assets.
Section 58-4-13 - Conversion of savings association to a state bank.