Section 58-24-5 - Powers of the authority.
58-24-5. Powers of the authority.
The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Industrial and Agricultural Finance Authority Act [58-24-1 NMSA 1978], including, but without limiting the generality of the foregoing, the power:
A. to sue and be sued;
B. to have a seal and alter the same at pleasure;
C. to appoint other officers, agents and employees, prescribe their duties and qualifications and fix their compensation;
D. to acquire, hold, improve, mortgage, lease and dispose of real and personal property for its public purposes;
E. to make loans and contract to make loans, and to purchase and contract to purchase loans;
F. to procure insurance against any loss in connection with its operations, including without limitation the repayment of any loan, in such amounts and from such insurers, including the federal government, as it may deem necessary or desirable, and to pay any premiums therefor;
G. subject to any agreement with bondholders;
(1) to renegotiate any loan or agreement;
(2) to waive any default or consent to the modification of the terms of any loan or agreement; and
(3) to commence, prosecute and enforce a judgment in any action or proceeding, including without limitation a foreclosure proceeding, to protect or enforce any right conferred upon it by law, loan agreement, contract or other agreement; and in connection with any such proceeding, to bid for and purchase the property or acquire or take possession thereof and, in such event, complete, administer, pay the principal of and interest on any obligations incurred in connection with such property and dispose of and otherwise deal with such property in such manner as the board may deem advisable to protect the authority's interests therein;
H. to make and execute contracts for the origination, administration, servicing or collection of any loan and pay the reasonable value of services rendered to the authority pursuant to such contracts;
I. to fix, revise from time to time, charge and collect fees and other charges in connection with the making of loans, the purchasing of loans, and any other services rendered by the authority;
J. subject to any agreement with bondholders, to sell any loan at public or private sale and at such price or prices and on such terms as the board shall determine;
K. to borrow money and to issue bonds and to provide for the rights of the holders thereof;
L. to arrange for insurance or guarantees of its bonds by the federal government or by any private insurer and to pay any premiums therefor;
M. subject to any agreement with bondholders, to invest money of the authority not required for immediate use, including proceeds from the sale of any bonds:
(1) in obligations of any municipality or the state or the United States;
(2) in obligations the principal and interest of which are guaranteed by the state or the United States;
(3) in obligations of any corporation wholly owned by the United States;
(4) in obligations of any corporation sponsored by the United States which are or may become eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system;
(5) in certificates of deposit or time deposits in banks whose deposits are insured by the federal deposit insurance corporation or in savings and loan associations whose deposits are insured by the federal savings and loan insurance corporation, secured in such manner, if any, as the authority shall determine;
(6) in contracts for the purchase and sale of obligations of the type specified in Paragraphs (1) through (5) of this subsection; or
(7) as otherwise provided in any trust indenture securing the issuance of the bonds;
N. subject to any agreement with bondholders, to purchase bonds or notes of the authority, which may thereupon be canceled;
O. to make surveys and to monitor on a continuing basis the adequacy of the supply of funds available in the private banking system in the state for industrial, commercial and agricultural loans;
P. to make and execute agreements, contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under the Industrial and Agricultural Finance Authority Act;
Q. to employ architects, engineers, attorneys, accountants, housing, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation;
R. to contract for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or from any other source, and to comply, subject to the provisions of the Industrial and Agricultural Finance Authority Act, with the terms and conditions thereof;
S. to maintain an office at such place or places in the state as it may determine;
T. subject to any agreement with bondholders, to make, alter or repeal such bylaws, rules and regulations with respect to its operations, properties and facilities as are necessary to carry out its functions and duties in the administration of the Industrial and Agricultural Finance Authority Act [58-24-1 NMSA 1978];
U. to waive, by such means as the authority deems appropriate, the exemption from federal income taxation of interest on the authority's bonds provided by the Internal Revenue Code of 1954 or any other federal statute providing a similar exemption; and
V. to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in the Industrial and Agricultural Finance Authority Act.