NMSA 58-16-9. Off-premises ATM considered a financial institution branch

58-16-9. Off-premises ATM considered a financial institution branch office. A. An off-premises ATM is a branch office of a financial institution. Subject to the limitations contained in the Remote Financial Service Unit Act [this article], in-state financial institutions are authorized to install one or more off-premises ATMs. Before installing or operating an off-premises ATM, the in-state financial institution shall first obtain the approval of the director to install and operate the off-premises ATM, which written approval shall not be withheld by the director unless good cause is shown. The director, in making this determination, shall take into account, but not by way of limitation, factors such as the financial history and condition of the applicant, the adequacy of its capital structure, its future earnings prospects and the general character of its management, the future earnings prospects of the off-premises ATM and the adequacy of any network, intercept processor or processing computer, if any. The director's approval shall not be given until the director has ascertained to his satisfaction that: (1) the establishment of the off-premises ATM complies in all respects with all applicable requirements for a branch office of the particular financial institution making application, including but not limited to geographic restrictions, if any; (2) the proposed location is in the public interest; and (3) the establishment of the off-premises ATM will meet the needs and promote the convenience of the area to be served by the ATM. B. An investigation fee of four hundred dollars ($400) shall accompany each application for an off-premises ATM. History: 1953 Comp., § 48-25-9, enacted by Laws 1977, ch. 359, § 9; 1985, ch. 231, § 4; repealed and reenacted by Laws 1990, ch. 123, § 9; 1993, ch. 210, § 7.