2013 New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 1 - Banking Generally
Section 58-1-69 - Capital, surplus and undivided profits; accounting requirements. (1991)

A.   No credit shall be entered in the undivided profits account founded upon an unrealized appreciation in the value of any type of asset except accretion of discounts on investments securities in accordance with generally accepted accounting principles.  Before any net profits are credited to the undivided profits account, proper deduction shall be made for all expenditures, accrued expenses, accrued taxes, losses, bad debts and any write-offs or other deductions, including interest accrued and uncollected, required by the director.   

B.   No transfer shall be made from the surplus account to the undivided profits account or to any but the capital stock account if the surplus after the transfer would be less than the capital stock.