New Mexico Statutes
Article 10 - Public Money
Section 6-10-49 - [Insolvency of banks; state funds; right to recover deposits not impaired.]

That the provisions of this act [6-10-48, 6-10-49 NMSA 1978], or action thereon by the state board of finance shall in no way prevent, interfere with or prejudice the right of the state of New Mexico to proceed with the collection of said amounts against the said depository or the sureties upon the bond of said depository nor shall the provisions of this act or actions thereunder by the said state board of finance, prevent, interfere with or prejudice the right of the said state board of finance to proceed with an action or actions to recover said amounts from said depository or the sureties upon the bond of said depository.
History: Laws 1929, ch. 67, § 2; C.S. 1929, § 13-1202; 1941 Comp., § 7-246; 1953 Comp., § 11-2-49.
Bracketed material. — The bracketed material in the catchline was inserted by the compiler and is not part of the law.
Prorating liability of depository bonds. — Prorating of liability was ordered for depository bonds and public securities given by a bank subsequently insolvent. Gregg v. Hinkle, 1924-NMSC-030, 29 N.M. 576, 224 P. 1025.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 11 Am. Jur. 2d Banks §§ 1028 to 1143.
Right, in absence of statute, to preference in respect of deposits or public funds in insolvent bank, 103 A.L.R. 621.
Liability on bond of public officer for loss of public funds due to insolvency of bank in which they were deposited, 155 A.L.R. 436.
26A C.J.S. Depositaries § 13.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 6 - Public Finances

Article 10 - Public Money

Section 6-10-1 - Fiscal year designated.

Section 6-10-1.1 - Definitions.

Section 6-10-1.2 - Payment methods authorized; fee.

Section 6-10-2 - Public money; cash books; daily balance; public record.

Section 6-10-2.1 - State treasurer; duty.

Section 6-10-3 - Payment of state money into treasury; suspense funds.

Section 6-10-4 - Payment of obligations of prior years from current year appropriations.

Section 6-10-5 - General fund deficiency; certificates of indebtedness.

Section 6-10-6 - Issuance of certificates.

Section 6-10-7 - Retirement of certificates.

Section 6-10-8 - County boards of finance.

Section 6-10-9 - Boards of finance for institutions.

Section 6-10-10 - Deposit and investment of funds.

Section 6-10-10.1 - Local government investment pool created; distribution of earnings; report of investments.

Section 6-10-10.2 - Statements of condition required to be transmitted to the state cash manager.

Section 6-10-11 - Approval of investment of state funds.

Section 6-10-12 - [Investment of special road fund balances over $10,000.]

Section 6-10-13 - [Limitation on investment of special road fund.]

Section 6-10-14 - [Securities eligible for special road fund investments.]

Section 6-10-15 - Surety for deposits.

Section 6-10-16 - Security for deposits of public money.

Section 6-10-16.1 - Security for public deposits.

Section 6-10-17 - Amount of security to be deposited.

Section 6-10-17.1 - Noncompliance with collateral requirements; withdrawal of public funds.

Section 6-10-18 - Assignment of securities; disposition.

Section 6-10-19 - Ineligible depository bonds.

Section 6-10-20 - Additional security.

Section 6-10-21 - Security for deposits; safekeeping; regulations of state board of finance.

Section 6-10-22 - Security for deposits; liability for loss.

Section 6-10-23 - Safekeeping of pledged securities; acceptance, release and substitution.

Section 6-10-24 - Deposit of public funds in federally insured banks, savings and loan associations and credit unions; conditions.

Section 6-10-24.1 - State funds; limitation.

Section 6-10-24.2 - Linked deposit program.

Section 6-10-25 - Declaration of policy.

Section 6-10-26 - Quarterly reports of funds on demand deposit; investment in interest-bearing deposits and securities.

Section 6-10-27 - Provisions inapplicable to permanent and certain other funds.

Section 6-10-28 - Investment of bond proceeds.

Section 6-10-29 - Banks, savings and loan associations and credit unions to furnish statement of deposits monthly; credit interest monthly; signature to checks.

Section 6-10-30 - Interest rates set by state board of finance.

Section 6-10-31 - Interest on time deposits.

Section 6-10-32 - Treatment of interest on land grant funds.

Section 6-10-33 - Interest limited to maximum permitted by federal law or regulation.

Section 6-10-34 - Withdrawal of time deposits subject to federal law or regulation.

Section 6-10-35 - Fiscal agent of New Mexico; state checking depositories; state depositories; designation by board of finance.

Section 6-10-36 - Public money deposits of certain governmental units; distribution; interest.

Section 6-10-36.1 - Receipts of public money; disposition by certain municipalities.

Section 6-10-37 - State treasurer to make deposits.

Section 6-10-38 - Bonds of state treasurer, municipal treasurers and treasurers of boards in control.

Section 6-10-39 - [Official bonds; payment of premiums; form.]

Section 6-10-40 - Officials receiving consideration for placing loan or deposit; misusing funds; failure to deposit; penalty.

Section 6-10-41 - Suspense account unearned money; transfer.

Section 6-10-42 - Authorizing fund transfers to address delays in revenue; restrictions.

Section 6-10-43 - Interest and sinking-fund balances.

Section 6-10-44 - Temporary investment of excess funds; federal bonds or treasury certificates eligible.

Section 6-10-44.1 - Deposits in credit unions.

Section 6-10-45 - [Deposit of local funds with state treasurer to match allotments.]

Section 6-10-46 - Disbursement of state funds; vouchers and warrants.

Section 6-10-47 - [Safekeeping and insurance of money and securities in state treasury; payment of cost.]

Section 6-10-48 - Insolvency of depository institution; profit and loss account.

Section 6-10-49 - [Insolvency of banks; state funds; right to recover deposits not impaired.]

Section 6-10-50 - Loss of money deposited in qualified banks, savings and loan associations or credit unions; treasurers relieved of liability.

Section 6-10-51 - To cover all moneys lawfully intrusted to treasurers.

Section 6-10-52 - [Failure to comply with specific requirements; penalty.]

Section 6-10-53 - [Bribery of public treasurers and employees; penalty.]

Section 6-10-54 - [Institutions exempted from paying over money to state treasurer; liability for failure to make authorized deposit.]

Section 6-10-55 - Short title.

Section 6-10-56 - Definitions.

Section 6-10-57 - Cancellation of warrants.

Section 6-10-58 - Signing checks for state funds.

Section 6-10-59 - Loss or destruction of state or political subdivision warrant or order for money; issue of duplicate.

Section 6-10-60 - Issuance of duplicate; affidavit; bond to save state or political subdivision harmless.

Section 6-10-61 - [Permanent fund investment laws not affected.]

Section 6-10-62 - Destruction of documentary evidence of extinguished debt; certificates of destruction; retention.

Section 6-10-63 - Electronic fund transfers.