Section 58-1-84 - Unlawful sanctions; violations of rules and orders. - New Mexico Statutes

58-1-84. Unlawful sanctions; violations of rules and orders.

A.     Any person responsible for an act or omission expressly declared to be unlawful by the Banking Act [58-1-1 NMSA 1978] is guilty:   

(1)     of a misdemeanor punishable by imprisonment for a term not exceeding one year or a fine not exceeding five thousand dollars ($5,000) or both;   

(2)     of a felony punishable by imprisonment not exceeding five years or a fine not exceeding ten thousand dollars ($10,000) or both, if the act or omission was done or made with intent to defraud.   

B.     An officer, director, employee, agent or attorney of a bank is responsible for an act or omission of the institution declared to be unlawful by the Banking Act whenever, knowing that such act or omission is unlawful, he participates in authorizing, executing, ratifying or concealing such act, or in authorizing or ratifying such omission or, having a duty to take the required action, omits to do so.   

C.     A director shall be deemed to participate in any action of which he has knowledge taken or omitted to be taken by the board of which he is a member unless he dissents therefrom in writing and promptly notifies the commissioner [director of the financial institutions division of the regulation and licensing department] of his dissent.   

D.     It is unlawful to knowingly violate any lawful rule, regulation or order of the commissioner [director].