N.M. Stat. § 55-5-107
Confirmer, nominated person and adviser.
(a) A confirmer is directly obligated on a letter of credit and has the rights and
obligations of an issuer to the extent of its confirmation. The confirmer also has rights
against and obligations to the issuer as if the issuer were an applicant and the confirmer
had issued the letter of credit at the request and for the account of the issuer.
(b) A nominated person who is not a confirmer is not obligated to honor or otherwise
give value for a presentation.
(c) A person requested to advise may decline to act as an adviser. An adviser that is
not a confirmer is not obligated to honor or give value for a presentation. An adviser
undertakes to the issuer and to the beneficiary accurately to advise the terms of the
letter of credit, confirmation, amendment or advice received by that person and
undertakes to the beneficiary to check the apparent authenticity of the request to
advise. Even if the advice is inaccurate, the letter of credit, confirmation or amendment
is enforceable as issued.
(d) A person who notifies a transferee beneficiary of the terms of a letter of credit,
confirmation, amendment or advice has the rights and obligations of an adviser under
Subsection (c) of this section. The terms in the notice to the transferee beneficiary may
differ from the terms in any notice to the transferor beneficiary to the extent permitted by
the letter of credit, confirmation, amendment or advice received by the person who so
notifies.