New Mexico Statutes 46-9A-2. Definitions
As used in the Uniform Prudent Management of Institutional Funds Act:
Terms Used In New Mexico Statutes 46-9A-2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Trustee: A person or institution holding and administering property in trust.
A. “charitable purpose” means the relief of poverty, advancement of education or religion, promotion of health, promotion of a governmental purpose or any other purpose the achievement of which is beneficial to the community;
B. “endowment fund” means an institutional fund or part thereof that, pursuant to the terms of a gift instrument, is not wholly expendable by the institution on a current basis. “Endowment fund” does not include assets that an institution designates as an endowment fund for its own use;
C. “gift instrument” means a record or records, including an institutional solicitation, pursuant to which property is granted to, transferred to or held by an institution as an institutional fund;
D. “institution” means:
(1) a person, other than an individual, organized and operated exclusively for charitable purposes;
(2) a government or governmental subdivision, agency or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; or
(3) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated;
E. “institutional fund” means a fund held by an institution exclusively for charitable purposes. “Institutional fund” does not include:
(1) program-related assets;
(2) a fund held for an institution by a trustee that is not an institution;
(3) a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund;
(4) a fund established pursuant to the provisions of Article 8, Section 10 of the constitution of New Mexico; or
(5) a fund established pursuant to the provisions of Article 12, Section 2 of the constitution of New Mexico;
F. “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity;
G. “program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment; and
H. “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.