A. A national bank located in this state which follows the procedure prescribed by the laws of the United States to convert into a state bank, shall be granted a charter by the director of the financial institutions division unless he finds that the bank does not meet the standards as to location of offices, capital structure and business experience and character of officers and directors for the incorporation of a state bank.
B. The national bank may apply for each charter by filing with the director of the financial institutions division a certificate signed by its president and cashier and by a majority of the entire board of directors, setting forth the corporate action taken in compliance with the provisions of the laws of the United States governing the conversion of the national to a state bank, and the articles of incorporation, approved by the stockholders, for the government of the bank as a state bank.
History: 1941 Comp., § 48-13-7, enacted by Laws 1951, ch. 37, § 7; 1953 Comp., § 48-13-7; Laws 1977, ch. 245, § 31.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 28.
Character as holder in due course of bank which takes over assets and assumes liabilities of another bank, 76 A.L.R. 1329.
Liability of guarantor of or surety for bank deposit as affected by reorganization, merger, or consolidation of bank, 78 A.L.R. 381.
Novation where bank transfers it assets to another bank which assumes its obligation, 79 A.L.R. 82.
9 C.J.S. Banks and Banking §§ 570, 571.
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.