New Mexico Statutes
§ 46A-3-301 — Representation; basic effect
A.Notice to a person who may represent and bind another person pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 has the same effect as if notice were given directly to the other person.
B.The consent of a person who may represent and bind another person pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
C.Except as otherwise provided in Sections 46A-4-411 and 46A-6-602 NMSA 1978, a person who pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 may represent a settlor who lacks capacity, may receive notice and give a binding consent on the settlor's behalf.
D.A settlor may not represent or bind a b
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Legislative History
Laws 2003, ch. 122, § 3-301; 2007, ch. 128, § 9.
Nearby Sections
15
§ 46A-1-101
Short title§ 46A-1-102
Scope§ 46A-1-103
Definitions§ 46A-1-104
Knowledge§ 46A-1-105
Default and mandatory rules§ 46A-1-106
Common law of trusts; principles of equity§ 46A-1-107
Governing law§ 46A-1-108
Principal place of administration§ 46A-1-109
Methods and waiver of notice§ 46A-1-110
Others treated as qualified beneficiaries§ 46A-1-111
Nonjudicial settlement agreements§ 46A-1-112
Rules of construction§ 46A-1-113
Insurable interest of trustee§ 46A-10-1001
Breach of trust§ 46A-10-1002
Damages for breach of trust