New Mexico Statutes 58-9-9. Powers of director
In addition to other powers conferred by the Trust Company Act, the director may: A. examine the business and affairs of each trust company at least once each year and at such other times and to such extent as the director deems necessary or
Terms Used In New Mexico Statutes 58-9-9
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Oath: A promise to tell the truth.
- Probate: Proving a will
- Subpoena: A command to a witness to appear and give testimony.
advisable. The expense of every examination shall be paid by the corporation examined, in such amount as the director certifies to be just and reasonable;
B. regulate the procedure and practice at hearings;
C. implement by order and rule the Trust Company Act; in making orders and rules to implement the Trust Company Act, the director shall act in the interest of promoting and maintaining a sound trust company system, the security of assets and trust accounts and the protection of persons utilizing trust services;
D. obtain restraining orders and injunctions to prevent violation of and enforce compliance with the Trust Company Act, and orders and rules promulgated pursuant to the Trust Company Act, the Uniform Probate Code [N.M. Stat. Ann. Chapter 45], the Uniform Prudent Investor Act N.M. Stat. Ann. § 45-7-601 to 45-7-612 and the Uniform Trust Code [N.M. Stat. Ann. Chapter 46A];
E. order any person or trust company to cease violating the Trust Company Act, orders and rules promulgated pursuant to the Trust Company Act, the Uniform Probate Code, the Uniform Prudent Investor Act or the Uniform Trust Code, or to cease engaging in breaches of trust. A copy of such orders shall be mailed to each director of the trust company involved;
F. suspend, after notice and hearing, any officer or director, or any employee of a nonprofit corporation, for fraud, embezzlement or failure to comply with the Trust Company Act or orders or rules promulgated pursuant to the Trust Company Act, the Uniform Probate Code, the Uniform Prudent Investor Act or the Uniform Trust Code; and
G. subpoena witnesses, compel their attendance, require the production of evidence, administer an oath and examine any person under oath in connection with any subject relating to a duty imposed upon or a power vested in the director.