N.M. Stat. § 58-16-7
POS terminal not considered a financial institution branch
office.
A POS terminal installed and operated pursuant to the Remote Financial Service
Unit Act is not a branch office of a financial institution and shall not be construed to be a
branch office of a financial institution under New Mexico law. If any court of competent
jurisdiction construes a POS terminal to be installed or installed under the authority of
the Remote Financial Service Unit Act to be a branch office of a financial institution, the
supervisory authority approving branch offices of financial institutions shall approve any
application for a POS terminal to be installed or installed under the authority of the
Remote Financial Service Unit Act without regard to capital requirements for a financial
institution branch office and without regard to the convenience and necessity for a
financial institution branch office or any other factors normally considered in granting or
denying a financial institution branch office application.