N.M. Stat. § 55-12-106
Discharge of account debtor on controllable account or
controllable payment intangible.
(a) An account debtor on a controllable account or controllable payment intangible
may discharge its obligation by paying:
(1)
the person having control of the controllable electronic record that
evidences the controllable account or controllable payment intangible; or
(2)
except as provided in Subsection (b) of this section, a person that formerly
had control of the controllable electronic record.
(b) Subject to Subsection (d) of this section, the account debtor may not discharge
its obligation by paying a person that formerly had control of the controllable electronic
record if the account debtor receives a notification that:
(1)
is signed by a person that formerly had control or the person to which
control was transferred;
(2)
reasonably identifies the controllable account or controllable payment
intangible;
(3)
notifies the account debtor that control of the controllable electronic record
that evidences the controllable account or controllable payment intangible was
transferred;
(4)
identifies the transferee, in any reasonable way, including by name,
identifying number, cryptographic key, office or account number; and
(5)
provides a commercially reasonable method by which the account debtor
is to pay the transferee.
(c) After receipt of a notification that complies with Subsection (b) of this section, the
account debtor may discharge its obligation by paying in accordance with the
notification and may not discharge the obligation by paying a person that formerly had
control.
(d) Subject to Subsection (h) of this section, notification is ineffective pursuant to
Subsection (b) of this section:
(1)
unless, before the notification is sent, the account debtor and the person
that, at that time, had control of the controllable electronic record that evidences the
controllable account or controllable payment intangible agree in a signed record to a
commercially reasonable method by which a person may furnish reasonable proof that
control has been transferred;
(2)
to the extent an agreement between the account debtor and seller of a
payment intangible limits the account debtor's duty to pay a person other than the seller
and the limitation is effective under law other than Sections 55-12-101 through 55-12-
106 NMSA 1978; or
(3)
at the option of the account debtor, if the notification notifies the account
debtor to:
(A) divide a payment;
(B) make less than the full amount of an installment or other periodic
payment; or
(C) pay any part of a payment by more than one method or to more than one
person.
(e) Subject to Subsection (h) of this section, if requested by the account debtor, the
person giving the notification pursuant to Subsection (b) of this section seasonably shall
furnish reasonable proof, using the method in the agreement referred to in Paragraph
(1) of Subsection (d) of this section, that control of the controllable electronic record has
been transferred. Unless the person complies with the request, the account debtor may
discharge its obligation by paying a person that formerly had control, even if the account
debtor has received a notification pursuant to Subsection (b) of this section.
(f) A person furnishes reasonable proof pursuant to Subsection (e) of this section
that control has been transferred if the person demonstrates, using the method in the
agreement referred to in Paragraph (1) of Subsection (d) of this section, that the
transferee has the power to:
(1)
avail itself of substantially all the benefit from the controllable electronic
record;
(2)
prevent others from availing themselves of substantially all the benefit
from the controllable electronic record; and
(3)
transfer the powers specified in Paragraphs (1) and (2) of this subsection
to another person.
(g) Subject to Subsection (h) of this section, an account debtor may not waive or
vary its rights pursuant to Paragraph (1) of Subsection (d) and Subsection (e) of this
section or its option pursuant to Paragraph (3) of Subsection (d) of this section.
(h) This section is subject to law other than Sections 55-12-101 through 55-12-106
NMSA 1978 that establishes a different rule for an account debtor who is an individual
and who incurred the obligation primarily for personal, family or household purposes.