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921 sections in this chapter.
NMSA 1978, § 58-32-803 Orders to cease and desist
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A. If the director determines that a violation of the Uniform Money Services Act, or of a rule adopted or an order issued pursuant to that act, by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, its customers or the public as a…
NMSA 1978, § 58-32-804 Consent orders
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The director may enter into a consent order at any time with a person to resolve a matter arising pursuant to the Uniform Money Services Act or a rule adopted or order issued pursuant to that act. A consent order shall be signed by the person to whom it is issued or by the person…
NMSA 1978, § 58-32-805 Emergency orders
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A. The director may issue an emergency order, without prior notice and an opportunity for hearing, if the director finds that: (1) the action, violation or condition that is the basis for the order: (a) has caused or is likely to cause the insolvency of the licensee; (b) has caus…
NMSA 1978, § 58-32-806 Civil penalties
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The director may assess a civil penalty against a person that violates the Uniform Money Services Act or a rule adopted or an order issued pursuant to that act in an amount not to exceed one thousand dollars ($1,000) per day for each day the violation is outstanding. History: Law…
NMSA 1978, § 58-32-807 Criminal penalties
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A. A person who intentionally makes a false statement, misrepresentation or false certification in a record filed or required to be maintained pursuant to the Uniform Money Services Act or who intentionally makes a false entry or omits a material entry in such a record is guilty …
NMSA 1978, § 58-32-808 Unlicensed persons
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A. If the director has reason to believe that a person has violated or is violating Section 201, 301 or 401 [58-32-201, 58-32-301, 58-32-401 NMSA 1978] of the Uniform Money Services Act, the director may issue an order to show cause why an order to cease and desist should not iss…
NMSA 1978, § 58-32-901 Powers of director
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A. The director may act on the director's own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with the Uniform Money Services Act, refer cases to the office of the attorney general or any other state agency or agency …
NMSA 1978, § 58-32-902 Hearings
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Except as otherwise provided in Subsection C of Section 205 [58-32-205 NMSA 1978], Subsection C of Section 304 [58-32-304 NMSA 1978], Subsection C of Section 404 [58-32-404 NMSA 1978] and Sections 803, 805 and 808 [58-32-803, 58-32-805, 58-32-808 NMSA 1978]of the Uniform Money Se…
NMSA 1978, § 58-33-1 Short title
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Chapter 58, Article 33 NMSA 1978 may be cited as the "New Mexico Work and Save Act". History: Laws 2020, ch. 7, § 1; 2021, ch. 46, § 1.
NMSA 1978, § 58-33-10 Policies and procedures for the New Mexico work and
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save IRA program. The board shall promulgate rules to implement the New Mexico work and save IRA program that: A. establish the processes by which a covered employer may choose to voluntarily enroll in the New Mexico work and save IRA program and become a participating employer; …
NMSA 1978, § 58-33-11 Protection for covered employers
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A. The New Mexico work and save IRA program is not an employer-sponsored plan. A covered employer does not bear responsibility for: (1) the decision by a covered employee to participate or not to participate in the New Mexico work and save IRA program; (2) the performance of a sp…
NMSA 1978, § 58-33-11.1 Board and state not guarantors
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The board, each board member and the state shall not guarantee any rate of return or interest rate on any contribution made by a New Mexico work and save IRA program participant or New Mexico retirement plan marketplace participant. History: Laws 2021, ch. 46, § 10.
NMSA 1978, § 58-33-12 Annual report
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The board shall prepare an annual report on the operation of the New Mexico work and save IRA program and the New Mexico retirement plan marketplace and shall provide the report to the governor, the state treasurer and appropriate legislative interim committees and shall make the…
NMSA 1978, § 58-33-2 Definitions
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As used in the New Mexico Work and Save Act: A. "board" means the New Mexico work and save board; B. "board member" means a member of the board; C. "covered employee" means a person who is at least eighteen years of age and who is employed by a covered employer, either full time …
NMSA 1978, § 58-33-3 Board created; organization
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A. The "New Mexico work and save board" is created and is administratively attached to the office of the state treasurer. The office of the state treasurer shall provide administrative support for the board in carrying out its duties pursuant to the New Mexico Work and Save Act. …
NMSA 1978, § 58-33-4 Board; scope of authority; powers and duties
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A. The board shall not directly or indirectly manage or maintain the funds or accounts of a program participant. The board shall contract with appropriate financial service providers to manage and maintain the funds and accounts of a program participant. B. In carrying out its du…
NMSA 1978, § 58-33-5 Confidentiality of participant and account information;
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application of other laws. A. Information obtained by the board that is proprietary or information about covered employees or participants in the New Mexico retirement plan marketplace is confidential and not subject to inspection pursuant to the Inspection of Public Records Act …
NMSA 1978, § 58-33-6 Executive director; powers and duties
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A. The executive director of New Mexico work and save may: (1) hire, fire and recommend to the board compensation for staff, as needed; and (2) contract for legal, fiscal, investment and other expert advisors and service providers, none of whom shall be board members and all of w…
NMSA 1978, § 58-33-7 Board and board employee requirements and prohibitions;
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conflicts of interest. A. Board members and employees of the board shall comply with the Gift Act [Chapter 10, Article 16B NMSA 1978], the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978], the Open Meetings Act [Chapter 10, Article 15 NMSA 1978] and any other applicabl…
NMSA 1978, § 58-33-8 New Mexico retirement plan marketplace
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A. The board shall provide for the design and implementation of the New Mexico retirement plan marketplace website. The New Mexico retirement plan marketplace will be hosted on and accessible online through the New Mexico work and save platform that provides covered employers and…
NMSA 1978, § 58-33-9 New Mexico work and save IRA program; created;
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implementation. A. The New Mexico work and save IRA program developed by the board under the New Mexico Work and Save Act shall: (1) facilitate the establishment of individual retirement accounts for program participants that are administered and managed by board-approved financi…
