A. The director may, in the director's discretion, cooperate, coordinate, consult and, subject to Section 607 [58-13C-607 NMSA 1978] of the New Mexico Uniform Securities Act, share records and information with the securities regulator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the securities and exchange commission, the United States department of justice, the commodity futures trading commission, the federal trade commission, the securities investor protection corporation, a self-regulatory organization, a national or international organization of securities regulators, a federal or state banking and insurance regulator and a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states and foreign governments.

B. In cooperating, coordinating, consulting and sharing records and information pursuant to this section and in acting by rule, order or waiver pursuant to the New Mexico Uniform Securities Act, the director shall, in the director's discretion, take into consideration in carrying out the public interest the following general policies:

1. (1) maximizing effectiveness of regulation for the protection of investors;
2. (2) maximizing uniformity in federal and state regulatory standards; and

3. (3) minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection.

   C. The cooperation, coordination, consultation and sharing of records and information authorized by this section includes:

4. (1) establishing or employing one or more designees as a central depository for registration and notice filings pursuant to the New Mexico Uniform Securities Act and for records required or allowed to be maintained pursuant to that act;
5. (2) developing and maintaining uniform forms;
6. (3) conducting a joint examination or investigation;
7. (4) holding a joint administrative hearing;
8. (5) instituting and prosecuting a joint civil or administrative proceeding;
9. (6) sharing and exchanging personnel;
10. (7) coordinating registrations pursuant to Sections 301 [58-13C-301 NMSA 1978] and 401 [58-13C-401 NMSA 1978] through 404 [58-13C-404 NMSA 1978] of the New Mexico Uniform Securities Act and exemptions pursuant to Section 203 [58-13C-203 NMSA 1978] of that act;
11. (8) sharing and exchanging records, subject to Section 607 [58-13C-607 NMSA 1978] of the New Mexico Uniform Securities Act;
12. (9) formulating rules, statements of policy, guidelines, forms and interpretative opinions and releases;
13. (10) formulating common systems and procedures;
14. (11) notifying the public of proposed rules, forms, statements of policy and guidelines;
15. (12) attending conferences and other meetings among securities regulators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and
16. (13) developing and maintaining a uniform exemption from registration for small issuers and taking other steps to reduce the burden of raising investment capital by small businesses.

History: Laws 2009, ch. 82, § 608.

ANNOTATIONS

Effective dates. — Laws 2009, ch. 82, § 704 made the New Mexico Uniform Securities Act effective January 1, 2010.

Cross references. — For the federal commodity futures trading commission, see 7 U.S.C. § 4a.

For the federal securities and exchange commission, see 15 U.S.C. § 78d.

For the federal securities investor protection corporation, see 15 U.S.C. § 78ccc.