N.M. Stat. § 55-4A-105

Current through 2024, ch. 69
Section 55-4A-105 - Other definitions
(a) In this article:
(1) "authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank; if a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account;
(2) "bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union and trust company; a branch or separate office of a bank is a separate bank for purposes of this article;
(3) "customer" means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders;
(4) "funds-transfer business day" of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing and transmittal of payment orders and cancellations and amendments of payment orders;
(5) "funds-transfer system" means a wire transfer network, automated clearing house or other communication system of a clearing house or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed;
(6) [Reserved]; and
(7) "prove" with respect to a fact means to meet the burden of establishing the fact (Paragraph (8) of Subsection (b) of Section 55-1-201 NMSA 1978).
(b) Other definitions applying to this article and the sections in which they appear are:

"acceptance"

Section 55-4A-209 NMSA 1978;

"beneficiary"

Section 55-4A-103 NMSA 1978;

"beneficiary's bank"

Section 55-4A-103 NMSA 1978;

"executed"

Section 55-4A-301 NMSA 1978;

"execution date"

Section 55-4A-301 NMSA 1978;

"funds transfer"

Section 55-4A-104 NMSA 1978;

"funds-transfer system rule"

Section 55-4A-501 NMSA 1978;

"intermediary bank"

Section 55-4A-104 NMSA 1978;

"originator"

Section 55-4A-104 NMSA 1978;

"originator's bank"

Section 55-4A-104 NMSA 1978;

"payment by beneficiary's bank to beneficiary"

Section 55-4A-405 NMSA 1978;

"payment by originator to beneficiary"

Section 55-4A-406 NMSA 1978;

"payment by sender to receiving bank"

Section 55-4A-403 NMSA 1978;

"payment date"

Section 55-4A-401 NMSA 1978;

"payment order"

Section 55-4A-103 NMSA 1978;

"receiving bank"

Section 55-4A-103 NMSA 1978;

"security procedure"

Section 55-4A-201 NMSA 1978; and

"sender"

Section 55-4A-103 NMSA 1978.

(c) The following definitions in Chapter 55, Article 4 NMSA 1978 apply to this article:

"clearing house"

Section 55-4-104 NMSA 1978;

"item"

Section 55-4-104 NMSA 1978; and

"suspends payments"

Section 55-4-104 NMSA 1978.

(d) In addition, Chapter 55, Article 1 NMSA 1978 contains general definitions and principles of construction and interpretation applicable throughout this article.

NMS § 55-4A-105

1978 Comp., § 55-4A-105, enacted by Laws 1992, ch. 114, § 201; 2005, ch. 144, § 48; 2009, ch. 234, § 17.