New Mexico Statutes 58-9-2. Definitions
As used in the Trust Company Act:
Terms Used In New Mexico Statutes 58-9-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Trustee: A person or institution holding and administering property in trust.
A. “director” means the director of the financial institutions division of the regulation and licensing department;
B. “trust business” means the holding out by a person, legal entity or corporation to the public at large by advertising, solicitation or other means that the person, legal entity or corporation is available to act as a fiduciary in this state or is accepting and undertaking to perform the duties of a fiduciary in the regular course of its business;
C. “trust company” means a corporation holding a certificate issued pursuant to the Trust Company Act;
D. “certificate” means a certificate of authority issued pursuant to the Trust Company Act to engage in trust business;
E. “fiduciary” means executor, administrator, conservator or trustee;
F. “nonprofit corporation” means a nonprofit corporation as defined in the Nonprofit Corporation Act [N.M. Stat. Ann. Chapter 53, Article 8] that was formed and is operating a pooled trust in compliance with the requirements of 42 U.S.C. § 1396p(d)(4) to provide trust services for individuals who are disabled, and the nonprofit corporation is not otherwise engaged in the trust business. As used in this subsection, “disabled” has the meaning set forth in 42 U.S.C. § 1382c(a)(3); and
G. “division” means the financial institutions division of the regulation and licensing department.