N.M. Stat. § 55-4A-403
Payment by sender to receiving bank.
(a) Payment of the sender's obligation under Section 55-4A-402 NMSA 1978 to pay
the receiving bank occurs as follows:
(1)
if the sender is a bank, payment occurs when the receiving bank receives
final settlement of the obligation through a federal reserve bank or through a funds-
transfer system;
(2)
if the sender is a bank and the sender (i) credited an account of the
receiving bank with the sender, or (ii) caused an account of the receiving bank in
another bank to be credited, payment occurs when the credit is withdrawn or, if not
withdrawn, at midnight of the day on which the credit is withdrawable and the receiving
bank learns of that fact; and
(3)
if the receiving bank debits an account of the sender with the receiving
bank, payment occurs when the debit is made to the extent the debit is covered by a
withdrawable credit balance in the account.
(b) If the sender and receiving bank are members of a funds-transfer system that
nets obligations multilaterally among participants, the receiving bank receives final
settlement when settlement is complete in accordance with the rules of the system. The
obligation of the sender to pay the amount of a payment order transmitted through the
funds-transfer system may be satisfied, to the extent permitted by the rules of the
system, by setting off and applying against the sender's obligation the right of the
sender to receive payment from the receiving bank of the amount of any other payment
order transmitted to the sender by the receiving bank through the funds-transfer system.
The aggregate balance of obligations owed by each sender to each receiving bank in
the funds-transfer system may be satisfied, to the extent permitted by the rules of the
system, by setting off and applying against the balance the aggregate balance of
obligations owed to the sender by other members of the system. The aggregate balance
is determined after the right of setoff stated in the second sentence of this subsection
has been exercised.
(c) If two banks transmit payment orders to each other under an agreement that
settlement of the obligations of each bank to the other under Section 55-4A-402 NMSA
1978 will be made at the end of the day or other period, the total amount owed with
respect to all orders transmitted by one bank shall be set off against the total amount
owed with respect to all orders transmitted by the other bank. To the extent of the setoff,
each bank has made payment to the other.
(d) In a case not covered by Subsection (a), the time when payment of the sender's
obligation under Section 55-4A-402(b) or 55-4A-402(c) NMSA 1978 occurs is governed
by applicable principles of law that determine when an obligation is satisfied.