N.M. Stat. § 58-13D-5
Delaying disbursements or transactions.
A. A broker-dealer or investment adviser may delay a disbursement or transaction
from an account of an eligible adult or an account on which an eligible adult is a
beneficiary if:
(1)
the broker-dealer, investment adviser or qualified individual reasonably
believes, after initiating an internal review of the requested disbursement or transaction
and the suspected financial exploitation, that the requested disbursement or transaction
may result in financial exploitation of an eligible adult; and
(2)
the broker-dealer or investment adviser:
(a) immediately, but in no event more than two business days after the
requested disbursement or transaction, provides written notification of the delay and the
reason for the delay to all parties authorized to transact business on the account, unless
any such party is reasonably believed to have engaged in suspected or attempted
financial exploitation of the eligible adult;
(b) immediately, but in no event more than two business days after the
requested disbursement or transaction, notifies the agencies; and
(c) provides, upon a request by the securities division of the regulation and
licensing department, a status report of the internal review required pursuant to
Paragraph (1) of this subsection.
B. Any delay of a disbursement or transaction as authorized by this section will
expire upon the sooner of:
(1)
a determination by the broker-dealer or investment adviser that the
disbursement or transaction will not result in financial exploitation of the eligible adult; or
(2)
fifteen business days after the date on which the broker-dealer or
investment adviser first delayed disbursement or transaction, unless either of the
agencies requests that the broker-dealer or investment adviser extend the delay, in
which case the delay shall expire no more than twenty-five business days after the date
on which the broker-dealer or investment adviser first delayed disbursement or
transaction unless otherwise terminated or extended by either of the agencies or an
order of a court of competent jurisdiction.
C. A court of competent jurisdiction may enter an order extending the delay of the
disbursement or transaction or may order other protective relief based on the petition of
the director of the securities division of the regulation and licensing department, the
director of the adult protective services division of the aging and long-term services
department, the broker-dealer or investment adviser that initiated the delay under this
section, or other interested party.