N.M. Stat. § 46-1-13
Establishment of common trust funds; inclusion of
affiliates.
Any bank or trust company qualified to act as fiduciary in this state may establish
common trust funds for the purpose of furnishing investments to itself and its affiliated
bank or trust company as fiduciary or to itself and its affiliated bank or trust company
and others as co-fiduciaries and may, as fiduciary or co-fiduciary, invest funds which it
lawfully holds for investment in interests in the common trust funds, if such investment is
not prohibited by the instrument, judgment, decree or order creating the fiduciary
relationship and if, in the case of co-fiduciaries, the bank or trust company procures the
consent of its co-fiduciaries to the investment.
As used in this section, "affiliated" means two or more banks or trust companies in
which eighty percent or more of the voting shares of each bank or trust company,
excluding shares owned by the United States or by any company wholly owned by the
United States, are directly or indirectly owned or controlled by a holding company.