N.M. Stat. § 6-10-23
Safekeeping of pledged securities; acceptance, release
and substitution.
A. Whenever securities pledged by a depository bank or savings and loan
association to secure public money are delivered to a custodial bank for safekeeping,
the custodial bank is authorized to comply with the written instructions given by the
depository bank or savings and loan association and the treasurer of the state, county,
municipality, school district, public institution or board involved in accepting the
securities for safekeeping, in releasing and delivering all or any portion of such pledged
securities held in safekeeping and in permitting substitutions of other approved
securities for those previously held in safekeeping. It is not necessary for the custodial
bank to obtain instructions from or approval thereof by the board of finance having
control of the public money involved in the particular transaction.
B. In other cases where a depository bank or savings and loan association is
entitled to a withdrawal and return to it of securities which have been deposited to
secure deposits of public money, the securities may be withdrawn or substitution of
other approved securities effected upon the written instructions executed by the
depository bank or savings and loan association and by the treasurer of the state,
county, municipality, school district, public institution or board involved. It is not
necessary for the instructions to be executed by the board of finance having control of
the public money involved in the particular transaction.
C. The written instructions specified in Subsections A and B of this section may be
contained in the written agreement between the depository bank or savings and loan
association and the custodial bank provided for in Section 6-10-21 NMSA 1978.