N.M. Stat. § 55-8-109
Warranties in indirect holding.
(a) A person who originates an entitlement order to a securities intermediary
warrants to the securities intermediary that:
(1)
the entitlement order is made by an appropriate person, or if the
entitlement order is by an agent, the agent has actual authority to act on behalf of the
appropriate person; and
(2)
there is no adverse claim to the security entitlement.
(b) A person who delivers a security certificate to a securities intermediary for credit
to a securities account or originates an instruction with respect to an uncertificated
security directing that the uncertificated security be credited to a securities account
makes to the securities intermediary the warranties specified in Section 8-108(a) or (b)
[55-8-108 (a) or (b) NMSA 1978].
(c) If a securities intermediary delivers a security certificate to its entitlement holder
or causes its entitlement holder to be registered as the owner of an uncertificated
security, the securities intermediary makes to the entitlement holder the warranties
specified in Section 55-8-108(a) or (b) NMSA 1978.