2011 New Mexico Statutes
Chapter 46: Fiduciaries and Trusts
Article 1: Fiduciary Obligations and Investments, 46-1-1 through 46-1-16
Section 46-1-8: Check deposited in fiduciary's personal account; bank's liability to principal. (Repealed effective January 1, 2012.)

46-1-8. Check deposited in fiduciary's personal account; bank's liability to principal. (Repealed effective January 1, 2012.)

If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and indorsed by him, if he is empowered to indorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts, that its action in reeciving [receiving] the deposit or paying the check amounts to bad faith.