N.M. Stat. § 58-17-11
Deposit or bond of endowed care cemeteries.
If a cemetery authority is duly organized and desires to accept care funds authorized
by the Endowed Care Cemetery Act, it shall make an initial deposit to the care fund of
twenty-five thousand dollars ($25,000). In lieu of the initial deposit, the cemetery
authority may furnish a surety bond issued by a bonding company or insurance
company authorized to do business in this state in the face amount of thirty-five
thousand dollars ($35,000), and the bond shall run to the trustee for the benefit of the
care funds held by the trustee. This bond shall be for the purpose of guaranteeing an
accumulation of twenty-five thousand dollars ($25,000) in the care fund and also for the
purpose of assuring that the cemetery authority shall provide annual endowed care in
an amount equal to the annual reasonable return on a secured cash investment of
twenty-five thousand dollars ($25,000) until that amount is accumulated in the care
funds, and these shall be the conditions of the surety bond; provided, however, the
liability of the principal and surety on the bond shall in no event exceed thirty-five
thousand dollars ($35,000). Provided further that whenever a cemetery authority which
has made an initial deposit to the care fund demonstrates to the satisfaction of the
director that more than twenty-five thousand dollars ($25,000) has been accumulated in
the care fund, the cemetery authority may petition the director for an order allowing the
cemetery authority to begin to withdraw its deposit from the care fund, so long as at
least twenty-five thousand dollars ($25,000) always remains in the care fund.