N.M. Stat. » Chapter 58 — Financial Institutions and Regulations
New Mexico Statutes

N.M. Stat. § 58-13B-2 (2026)

Repealed

✓ current as of May 2026
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History: Laws 1986, ch. 7, § 2; 1993, ch. 280, § 79; 1997, ch. 156, § 1; 1999, ch. 30, § 1; repealed by Laws 2009, ch. 82, § 703.

ANNOTATIONS

Repeals. — Laws 2009, ch. 82, § 703 repealed 58-13B-1 NMSA 1978, as enacted by Laws 1986, ch. 7, § 2, relating to definitions of the New Mexico Securities Act of 1986, effective January 1, 2010. For provisions of the former section, see the 2009 NMSA 1978 on NMOneSource.com. For present comparable provisions, see the New Mexico Uniform Securities Act, 58-13C-101 to 58-13C-701 NMSA 1978.

Notes of Decisions
Cited in 11 cases, 1993–2016 · leading case: State v. Ramos, 860 P.2d 765 (N.M. Ct. App. 1993).
Sort: Relevance Newest Treatment
State v. Ramos, 860 P.2d 765 (N.M. Ct. App. 1993). · cites it 16× “Constitutionality of Securities Act Defendant contends that Section 58-13B-2(V) of the Securities Act violates both the state and United States Constitutions because of overbreadth, and that Sections 58-13B-2(V) and 58-13B-30 are unconstitutionally vague.”
Genesee Cnty. Employees' Ret. Sys. v. Thornburg Mortg. Sec. Trust, 825 F. Supp. 2d 1082 (D.N.M. 2011). · cites it 4× “Likewise, section 58-13B-2 defines many of the terms in section 58-13B-54, such as offer to sell and offer to purchase, which indicates that section 58-13B-54 does not provide a general definition of these terms that would alter or limit those terms throughout the statute.”
State v. Collins, 166 P.3d 480 (N.M. Ct. App. 2007). · cites it 2× “{30} Defendant cites no authority in support of his assertion that promissory notes are not securities.”
State v. Rivera, 223 P.3d 951 (N.M. Ct. App. 2009). · cites it 2× “We note, too, that Section 58-13B-2(J) states that the terms “fraud,” “deceit,” and “defraud” are “not limited to common-law fraud or deceit[.”
State v. Hornbeck, 178 P.3d 847 (N.M. Ct. App. 2008). · cites it 2× “2d at 1385 ; see also NMSA 1978, § 58-13B-2(X) (1999) (providing that unless the context shows otherwise, a note is a security).”
Rauscher, Pierce, Refsnes, Inc. v. Taxation & Revenue Dep't, 46 P.3d 687 (N.M. 2002). · cites it 2× “” Rauscher contends that “[u]nder the common, ordinary meaning of ‘broker,’ [it] was not acting as an agent or broker in the transactions.”
State v. Soutar, 2012 NMCA 24 (N.M. Ct. App. 2012). · cites it 2× “]” Section 58-13B-2(X). There is no dispute that Defendant sold interests in a limited liability company.”
State v. Maxwell, 2016 NMCA 082 (N.M. Ct. App. 2016). “See § 58-13B-2(X) (defining “security” to include “a note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; any limited partnership interest; any interest in a limited liability company;…”
State v. Danek, 878 P.2d 326 (N.M. 1994). · cites it 2× “The UJI committee’s use of “primarily” instead of “solely” in the definition of “investment contract” as a security is consistent with the legislative intent expressed in NMSA 1978, Section 58-13B-2(V) (Repl.Pamp.1991) (prefacing the definition of “security” under the New Mexico…”
Rauscher, Pierce, Refsnes, Inc. v. Taxation & Revenue Dep't, 9 P.3d 648 (N.M. Ct. App. 2000). · cites it 4× “” The New Mexico Securities Act of 1986, NMSA 1978, § 58-13B-2(B) (1999), under which Taxpayer is registered to do business in New Mexico, does not provide separate definitions for broker and dealer.”
State v. Maxwell (N.M. Ct. App. 2016). “See § 58-13B-2(X) (defining “security” to include “a 12 note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of 13 interest or participation in any profit-sharing agreement; any limited partnership 14 interest; any interest in a limited liability…”
N.M. Stat. § 58-13B-2(B): 2 cases
Rauscher, Pierce, Refsnes, Inc. v. Taxation & Revenue Dep't, 46 P.3d 687 (N.M. 2002). “” Rauscher contends that “[u]nder the common, ordinary meaning of ‘broker,’ [it] was not acting as an agent or broker in the transactions.”
Rauscher, Pierce, Refsnes, Inc. v. Taxation & Revenue Dep't, 9 P.3d 648 (N.M. Ct. App. 2000). “” The New Mexico Securities Act of 1986, NMSA 1978, § 58-13B-2(B) (1999), under which Taxpayer is registered to do business in New Mexico, does not provide separate definitions for broker and dealer.”
N.M. Stat. § 58-13B-2(J): 1 case
State v. Rivera, 223 P.3d 951 (N.M. Ct. App. 2009). “We note, too, that Section 58-13B-2(J) states that the terms “fraud,” “deceit,” and “defraud” are “not limited to common-law fraud or deceit[.”
N.M. Stat. § 58-13B-2(T): 1 case
Genesee Cnty. Employees' Ret. Sys. v. Thornburg Mortg. Sec. Trust, 825 F. Supp. 2d 1082 (D.N.M. 2011). “Likewise, section 58-13B-2 defines many of the terms in section 58-13B-54, such as offer to sell and offer to purchase, which indicates that section 58-13B-54 does not provide a general definition of these terms that would alter or limit those terms throughout the statute.”
N.M. Stat. § 58-13B-2(V): 2 cases
State v. Ramos, 860 P.2d 765 (N.M. Ct. App. 1993). “Constitutionality of Securities Act Defendant contends that Section 58-13B-2(V) of the Securities Act violates both the state and United States Constitutions because of overbreadth, and that Sections 58-13B-2(V) and 58-13B-30 are unconstitutionally vague.”
State v. Danek, 878 P.2d 326 (N.M. 1994). “The UJI committee’s use of “primarily” instead of “solely” in the definition of “investment contract” as a security is consistent with the legislative intent expressed in NMSA 1978, Section 58-13B-2(V) (Repl.Pamp.1991) (prefacing the definition of “security” under the New Mexico…”
N.M. Stat. § 58-13B-2(X): 5 cases
State v. Collins, 166 P.3d 480 (N.M. Ct. App. 2007). “{30} Defendant cites no authority in support of his assertion that promissory notes are not securities.”
State v. Hornbeck, 178 P.3d 847 (N.M. Ct. App. 2008). “2d at 1385 ; see also NMSA 1978, § 58-13B-2(X) (1999) (providing that unless the context shows otherwise, a note is a security).”
State v. Soutar, 2012 NMCA 24 (N.M. Ct. App. 2012). “]” Section 58-13B-2(X). There is no dispute that Defendant sold interests in a limited liability company.”
State v. Maxwell, 2016 NMCA 082 (N.M. Ct. App. 2016). “See § 58-13B-2(X) (defining “security” to include “a note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; any limited partnership interest; any interest in a limited liability company;…”
State v. Maxwell (N.M. Ct. App. 2016). “See § 58-13B-2(X) (defining “security” to include “a 12 note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of 13 interest or participation in any profit-sharing agreement; any limited partnership 14 interest; any interest in a limited liability…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.