A. The directors of a state bank shall direct and require good and sufficient fidelity bonds on all active officers and employees, whether or not they draw salary or compensation, which bonds shall provide for indemnity to such bank on account of any losses sustained by it as the result of any dishonest, fraudulent or criminal act or ommission [omission] committed or omitted by them acting independently or in collusion or combination with any person or persons. Such bonds may be in individual, schedule or blanket form, and the premiums therefor shall be paid by the bank.

B. The said directors shall also direct and require suitable insurance protection to the bank against burglary, robbery, theft and other similar insurable hazards to which the bank may be exposed in the operations of its business on the premises or elsewhere.

C. The directors shall be responsible for prescribing at least once in each year the amount or penal sum of the bonds or policies and the sureties or underwriters thereon, after giving due and careful consideration to all known elements and factors constituting such risk or hazard. This action shall be recorded in the minutes of the board of directors and thereafter be reported to the commissioner [director of the financial institutions division of the regulation and licensing department] and be subject to his approval.

History: 1953 Comp., § 48-22-55, enacted by Laws 1963, ch. 305, § 55.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For surety companies, see Chapter 46, Article 6 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks § 82.

Insurance of banks against forgeries, 52 A.L.R. 1379.

Insurance of bank against larceny and false pretenses, 15 A.L.R.2d 1006.

Defalcations by executive officer or employee, liability of directors for, 25 A.L.R.3d 941.

Construction and effect of arrangement under which insurance premiums are paid automatically via insurer's draft on insured's bank account, 45 A.L.R.3d 1349.

9 C.J.S. Banks and Banking § 102.