New Mexico Statutes
Article 15 - Rural Electric Cooperatives
Section 62-15-9.1 - Duties of trustees.

A trustee shall perform his duties as a trustee, including his duties as a member of any committee of the board upon which the trustee may serve, in good faith, in a manner the trustee believes to be in or not opposed to the best interests of the cooperative and with such care as an ordinarily prudent person would use under similar circumstances in a like position. In performing such duties, a trustee shall be entitled to rely on factual information, opinions, reports or statements including financial statements and other financial data in each case prepared or presented by:
A. one or more officers or employees of the cooperative whom the trustee reasonably believes to be reliable and competent in the matters presented;
B. counsel, public accountants or other persons as to matters which the trustee reasonably believes to be within such persons' professional or expert competence;
C. a committee of the board upon which the trustee does not serve, duly designated in accordance with a provision of the articles of incorporation or the bylaws as to matters within its designated authority, which committee the trustee reasonably believes to merit confidence, but the trustee shall not be considered to be acting in good faith if the trustee has knowledge concerning the matter in question that would cause such reliance to be unwarranted; or
D. any bulletin or other directive of the rural electrification administration, or successor agency, material to the matter in question.
A person who so performs such duties shall have no liability to the cooperative or to its members by reason of being or having been a trustee of the cooperative.
History: Laws 1987, ch. 238, § 13.
Law reviews. — For article, "Statutory Adoption of Several Liability in New Mexico: A Commentary and Quasi-Legislative History," see 18 N.M.L. Rev. 483 (1988).

Structure New Mexico Statutes

New Mexico Statutes

Chapter 62 - Electric, Gas and Water Utilities

Article 15 - Rural Electric Cooperatives

Section 62-15-1 - Short title.

Section 62-15-2 - Purpose; definition.

Section 62-15-3 - Powers.

Section 62-15-3.1 - Subsidiary business activities.

Section 62-15-4 - Name.

Section 62-15-5 - Incorporators.

Section 62-15-6 - Articles of incorporation.

Section 62-15-7 - Bylaws.

Section 62-15-8 - Members.

Section 62-15-9 - Board of trustees; suits.

Section 62-15-9.1 - Duties of trustees.

Section 62-15-9.2 - Limitation on liability and indemnification of officers and trustees.

Section 62-15-10 - Voting districts.

Section 62-15-11 - Officers.

Section 62-15-12 - Amendment of articles of incorporation.

Section 62-15-13 - Consolidation.

Section 62-15-14 - Merger.

Section 62-15-15 - Effect of consolidation or merger.

Section 62-15-16 - Conversion of existing corporations.

Section 62-15-17 - Initiative by members.

Section 62-15-18 - Dissolution.

Section 62-15-19 - Filing of articles.

Section 62-15-20 - Refunds to members.

Section 62-15-21 - Disposition of property.

Section 62-15-22 - Nonliability of members for debts of cooperative.

Section 62-15-23 - Recordation of mortgages.

Section 62-15-24 - Waiver of notice.

Section 62-15-25 - Trustees, officers or members; notaries.

Section 62-15-26 - Foreign corporations.

Section 62-15-26.1 - Distribution cooperative utilities organized in other states; application.

Section 62-15-27 - Fees.

Section 62-15-28 - Taxation.

Section 62-15-29 - Repealed.

Section 62-15-30 - Securities Act exemption.

Section 62-15-31 - "Rural area," "person" and "member" defined.

Section 62-15-32 - Construction of act; inconsistency.

Section 62-15-33 - Conversion of corporations organized under Laws 1937, Chapter 100, into cooperatives under the Rural Electric Cooperative Act, as amended.

Section 62-15-34 - Renewable portfolio standard.

Section 62-15-35 - Renewable energy certificates; commission duties.

Section 62-15-36 - Renewable energy and conservation fee.

Section 62-15-37 - Definitions; energy efficiency; renewable energy.