New Mexico § 58-1-56 - Notice of intention

§ 58-1-56. Notice of intention

A. The organizers shall file with the director a notice of their intention to organize

a state bank, signed by each of them. At the time of filing the notice of intention, the organizers shall pay an investigation

fee of one-half of one percent of the proposed capital structure, not to exceed seven

thousand five hundred dollars ($7,500). The notice shall be in duplicate and shall state and include: (1) the name, residence and occupation of each organizer and the amount of stock to

be subscribed and to be paid for by each; (2) the name and address of an individual within the state who shall act as agent

for the organizers; (3) the total proposed capital structure, the number of shares, the par value of the

shares of the proposed state bank and the proposed price per share; (4) whether it is intended that the proposed state bank shall have trust powers; (5) the community in which the proposed state bank is to be located; (6) a feasibility study estimating the need for and benefits to be derived by the

formation of the proposed bank; (7) an annual projection for a five-year period of the expected condition and income

of the proposed bank; (8) a prospectus describing the stock offering in a form prescribed by the director

and in compliance with the provisions of the New Mexico Securities Act of 1986; (9) an executed copy of an escrow agreement that provides the name of a New Mexico

bank that will act as an escrow agent to receive all funds raised by the stock subscription,

and that further provides for retention of the funds by the escrow agent until their

release is authorized by the director; and (10) a financial report for each organizer, in a form prescribed by the director,

provided all financial reports shall remain in the confidential files of the division,

and, provided further, proposed organizers appointed subsequent to the original notice

of intention shall submit a financial report upon the date of their appointment. B. If the notice of intention or any accompanying documents do not comply with the

requirements of this section, the director shall within twenty days from the date

of his receipt of the filing of the notice notify the organizers of the defect therein. C. Upon approval of the notice of intention by the director, the effective date of

the notice shall be the date the director received the filing of the notice. D. After approval of the notice of intention by the director, the organizers shall: (1) issue a subscription receipt to each subscriber and file a duplicate copy with

the director, providing that all funds will be returned to the subscriber, with the

exception of the organization expense, if the application is denied; and (2) file with the escrow agent an executed copy of all subscription agreements, setting

forth an accounting of all funds collected pursuant to the subscription agreements

and providing for retention of the funds until their release is authorized by the

director; and (3) file with the director copies of all subscription agreements, and an accounting

of all funds collected pursuant to the subscription agreements, immediately following

execution of the subscription agreements and collection of the funds. E. Each subscriber at the time he subscribes to the stock of a proposed state bank

shall pay, in addition to his subscription in cash, such percentage of the selling

price of the stock as the director determines is reasonable into a fund to be used

to defray the expenses of organization. No organization expenses shall be paid out of any other funds of the bank. Upon the opening of the bank, any unexpended balance shall be transferred to undivided

profit. If the application is finally denied, any unexpended balance shall be distributed

among the contributors in proportion to their respective payments. The director may require an accounting of disbursements from the fund and may order

the organizers to restore any sum which has been expended for other than proper organization

expense. No payment shall be made from the organization expense fund or other proceeds of

subscription for securing subscriptions to stock.