New Mexico Statutes Chapter 58. Financial Institutions and Regulations § 58-1-2.1. Prohibition

No bank holding company may own an institution which is an “insured bank” as defined in Section 3(h) of the Federal Deposit Insurance Act  1 or is eligible to make application to become an insured bank pursuant to Section 5 of the Federal Deposit Insurance Act  2 and accepts deposits that the depositor may withdraw by check or similar means for payment to third parties or is engaged in the business of making commercial loans but does not both accept such deposits and make commercial loans.