New Mexico § 58-1-84 - Unlawful sanctions; violations of rules and orders

§ 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 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].