N.M. Stat. § 58-17-5
Loans by cemeteries.
Except upon written approval of the director, no loan or investment of care funds
accepted by a cemetery authority shall be made:
A. to any officer, director or trustee of the cemetery authority or to any person in
which any officer, director or trustee of the cemetery authority has a controlling interest;
B. on or in real estate or in a note, bond, mortgage or deed of trust in which any
officer, director or trustee of the cemetery authority has any financial interest; or
C. on or in any unproductive real estate or real estate outside this state or
permanent improvements of the cemetery or any of its facilities unless specifically
authorized by the instrument by which the principal fund was created. No commission or
brokerage fee for the purchase or sale of property shall be paid in excess of that usual
and customary at the time and in the locality where the purchase or sale is made, and
all commissions and brokerage fees shall be fully reported in the next annual statement
of the cemetery authority or trustee.