2011 New Mexico Statutes
Chapter 58: Financial Institutions and Regulations
Article 9: Trust Companies, 58-9-1 through 58-9-13
Section 58-9-8: Procedure for granting or denying certificate.

58-9-8. Procedure for granting or denying certificate.

A. Upon the filing of an application for a certificate, the director of the financial institutions division shall make or cause to be made a careful investigation and examination and shall issue a certificate if he finds:

(1) that the persons who will serve as directors or officers, other than directors and officers of nonprofit corporations, insofar as those persons are known, are qualified to be fiduciaries by character and experience and that the financial status of the stockholders, directors and officers, other than directors and officers of nonprofit corporations, is consistent with their responsibilities and duties as fiduciaries, except that for nonprofit corporations the employee responsible for trust management shall be qualified to be a fiduciary by character and experience;

(2) that the name of the proposed company is not deceptively similar to that of another trust company or bank or is not otherwise misleading;

(3) that the capital and surplus are not less than the required minimum, except that this requirement shall not apply to nonprofit corporations; and

(4) that there is a need for trust facilities or additional trust facilities, as the case may be, in the community where the proposed trust company is to be located.

B. The director of the financial institutions division may consider and inquire into such other facts and circumstances bearing on the proposed trust company and its relation to its locality as in his opinion may be relevant.

C. The certificate may be granted or denied without hearing, but the director of the financial institutions division may, and at the request of the applicant shall, fix a date for a hearing on the application. At the hearing, any person may be heard with reference to the facts to be investigated.