New Mexico § 58-1-74 Requirements of reorganization plan

New Mexico Statutes

§ 58-1-74 — Requirements of reorganization plan

New Mexico § 58-1-74

Ch. 58Financial Institutions and Regulations

Art. 1Banking Generally

This text of New Mexico § 58-1-74 (Requirements of reorganization plan) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 58-1-74 (2026).

Text

A. A plan of reorganization shall not be proposed under the Banking Act unless:

(1)the plan is feasible and fair to all classes of depositors, creditors and stockholders;

(2)the face amount of the interest accorded to any class of depositors, creditors or stockholders under the plan does not exceed the value of the assets upon liquidation less the full amount of the claim of all prior classes, subject, however, to any fair adjustment for new capital that any class will pay in under the plan;

(3)the plan provides for the issuance of common stock in an amount that will provide an adequate ratio to deposits;

(4)any exchange of new common stock for obligations or stock of the bank will be effected in inverse order to the priorities in liquidation of the classes that will retain an interest

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A. A plan of reorganization shall not be proposed under the Banking Act unless: (1) the plan is feasible and fair to all classes of depositors, creditors and stockholders; (2) the face amount of the interest accorded to any class of depositors, creditors or stockholders under the plan does not exceed the value of the assets upon liquidation less the full amount of the claim of all prior classes, subject, however, to any fair adjustment for new capital that any class will pay in under the plan; (3) the plan provides for the issuance of common stock in an amount that will provide an adequate ratio to deposits; (4) any exchange of new common stock for obligations or stock of the bank will be effected in inverse order to the priorities in liquidation of the classes that will retain an interest in the bank, and upon terms that fairly adjust any change in the relative interests of the respective classes that will be produced by the exchange; (5) the plan assures the removal of any director, officer or employee responsible for any unsound or unlawful action, or the existence of an unsound condition; and (6) any merger or consolidation provided by the plan conforms to the requirements of the Banking Act. B. Whenever in the course of reorganization supervening conditions render the plan unfair, or its execution impractical, the commissioner [director of the financial institutions division of the regulation and licensing department] may modify the plan or liquidate the institution. Any such action shall be taken by order upon appropriate notice.