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New Mexico Statutes > Chapter 58 > Article 9 – Trust Companies

§ 58-9-1 Short title
§ 58-9-2 Definitions
§ 58-9-3 Exemptions
§ 58-9-4 Certificate required; compliance with state and federal law;
§ 58-9-5 Application for certificate; fee
§ 58-9-6 Minimum capital
§ 58-9-6.1 State of incorporation
§ 58-9-7 Fidelity bond; insurance required; evidence of financial responsibility required
§ 58-9-8 Procedure for granting or denying certificate
§ 58-9-8.1 Principal and branch offices
§ 58-9-9 Powers of director
§ 58-9-10 Impairment of capital; unsafe conditions; receivership
§ 58-9-11 Discontinuing business; reorganization; continuing jurisdiction
§ 58-9-12 Penalty for noncompliance
§ 58-9-14 Appeals

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Terms Used In New Mexico Statutes > Chapter 58 > Article 9 - Trust Companies

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Oath: A promise to tell the truth.
  • Probate: Proving a will
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trustee: A person or institution holding and administering property in trust.

New Mexico Statutes > Chapter 58 > Article 9 – Administrative Procedures

§ 58-32-901 Powers of director
§ 58-32-902 Hearings

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Terms Used In New Mexico Statutes > Chapter 58 > Article 9 - Administrative Procedures

  • Oath: A promise to tell the truth.
  • Subpoena: A command to a witness to appear and give testimony.