A. A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of Sections 45-6-201 through 45-6-227 NMSA 1978 applicable to an account of that type:
UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM PARTIES (Name One or More Parties):
__________________________________ __________________________________
OWNERSHIP (Select One And Initial):
____ ____ ____
SINGLE-PARTY ACCOUNT MULTIPLE-PARTY ACCOUNT Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH (Select One And Initial):
____ ____
SINGLE-PARTY ACCOUNT At death of party, ownership passes as part of party's estate. SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH)
DESIGNATION (Name One or More Beneficiaries): __________________________________ __________________________________ At death of party ownership passes to POD beneficiaries and is not part of party's estate.
____
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP At death of party, ownership passes to surviving parties.
____
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION (Name One or More Beneficiaries): __________________________________ __________________________________ At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.
____
MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP At death of party, deceased party's ownership passes as part of deceased party's estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION (Optional)
Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries. (To Add Agency Designation To Account, Name One or More Agents):
__________________________________ __________________________________ (Select One and Initial):
____ AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES ____ AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES.
B. A contract of deposit that does not contain provisions in substantially the form provided in Subsection A of this section is governed by the provisions of Sections 45-6-201 through 45-6-227 NMSA 1978 applicable to the type of account that most nearly conforms to the depositor's intent.
History: 1978 Comp., § 45-6-204, enacted by Laws 1992, ch. 66, § 21.
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