Section 58-16-12 - Networks. - New Mexico Statutes

58-16-12. Networks.

A.     Two or more financial institutions, separately or in combination with any other person, may establish one or more networks through which the financial institutions are interconnected for on-line data interchange.   

B.     Membership or participation by any financial institution in one network or other proprietary or shared EFT system shall not preclude membership or participation by the financial institution in any other network or other proprietary or shared EFT system.   

C.     A network may establish a shared on-line EFT system enabling financial institutions to participate in a data interchange connecting two or more financial institutions, acquirers, agent acquirers, card acceptors, intercept processors, issuers, ATMs and POS terminals.  A network may enable any participant in said network to engage in any and all transactions.  A network may establish, for its own account and as agent for its participants, clearing accounts as may be necessary to provide for the settlement of transactions.   

D.     Membership or participation in a network by a financial institution, merchant and intercept processor shall be evidenced by a written agreement setting forth the duties and obligations of the participants and the network. The written agreement may establish such performance standards,  marketing standards, fee structure and cost recovery mechanisms as shall be agreed upon by and between the network and its participants, unless otherwise restricted by applicable state or federal law.   

E.     A network, through the network manager, may directly provide the services of a switch, or may contract with any other person for the services of the switch.   

F.     No network or other proprietary or shared system shall be required to obtain approval of the director to operate in New Mexico.