reglab/housing_qa huggingface dataset:
NH Rev Stat § 391:3 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 391 - Uniform Common Trust Fund Act|Section 391:3 - Taxability.

[RSA 391:3 repealed by 2021, 91:99, VIII, effective January 1, 2027.]|    391:3 Taxability. –||A common trust fund shall not constitute a taxable entity within the meaning of RSA 77. Each estate having a participating interest in a common trust fund shall include in its return its proportionate share of any taxable income of the classes described in RSA 77:4, received by such common trust fund, whether or not such income is distributed by the common trust fund.|||Source. 1953, 109:1, par. 3, eff. Apr. 17, 1953.|
NH Rev Stat § 391:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 391 - Uniform Common Trust Fund Act|Section 391:4 - Uniformity of Interpretation.

    391:4 Uniformity of Interpretation. –||This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.|||Source. 1953, 109:1, par. 4, eff. Apr. 17, 1953.|
NH Rev Stat § 391:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 391 - Uniform Common Trust Fund Act|Section 391:5 - Short Title.

    391:5 Short Title. –||This chapter may be cited as the Uniform Common Trust Fund Act.|||Source. 1953, 109:1, par. 5, eff. Apr. 17, 1953.|
NH Rev Stat § 391:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 391 - Uniform Common Trust Fund Act|Section 391:6 - Severability.

    391:6 Severability. –||If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.|||Source. 1953, 109:1, par. 6, eff. Apr. 17, 1953.|
NH Rev Stat § 391:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 391 - Uniform Common Trust Fund Act|Section 391:7 - Repeal.

    391:7 Repeal. –||All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed.|||Source. 1953, 109:2, eff. Apr. 17, 1953.|
NH Rev Stat § 391:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 391 - Uniform Common Trust Fund Act|Section 391:8 - Applicability.

    391:8 Applicability. –||This chapter shall take effect April 17, 1953, and shall apply to fiduciary relationships then in existence or thereafter established.|||Source. 1953, 109:3, eff. Apr. 17, 1953.|
NH Rev Stat § 395:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:1 - Petition.

    395:1 Petition. –||If any institution under the supervision of the bank commissioner shall refuse to permit an examination of its affairs by the commissioner, or to furnish the necessary facilities therefor, or shall violate its charter or any law of the state after having been notified in writing by the commissioner of such violation, or if at any time it appears to the commissioner that its business is being conducted in an unsafe or unauthorized manner, or that it is necessary for the public safety that it should not continue to transact business, the commissioner may represent the fact by petition to some justice of the superior court.|||Source. 1911, 68:2. 1915, 97:1. PL 268:1. RL 316:1.|
NH Rev Stat § 395:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:2 - Orders.

    395:2 Orders. –||The court may issue an injunction prohibiting, as far as may be thought necessary, the transaction of any business of said institution and the commissioner shall cause the same to be served. Any justice of the superior court, upon petition and notice to the commissioner, may dissolve, modify, continue or extend such injunction as equity may require. If in the opinion of said justice the public good requires he may direct the commissioner to take possession forthwith of the property and business of such institution, and he may retain possession thereof until it shall resume business, or until its affairs shall finally be liquidated as herein provided; and upon completing such liquidation the charter of such institution shall be vacated.|||Source. 1911, 68:2. 1915, 97:1. PL 268:2. RL 316:2.|
NH Rev Stat § 395:3 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:3 - Resuming Business.

    395:3 Resuming Business. –||Such institutions may, with the consent of the commissioner, resume business upon such conditions as the commissioner may approve.|||Source. 1911, 68:3. PL 268:3. RL 316:3.|
NH Rev Stat § 395:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:4 - Insolvency.

    395:4 Insolvency. –||Whenever it appears to the commissioner that any institution to which this chapter applies reflects negative equity capital, as determined by the most recent report of examination conducted by the banking department or a federal deposit insuring agency, the commissioner may represent the facts by ex parte petition to some justice of the superior court, or, at such time as the commissioner receives notice from a federal deposit insuring agency that such agency has commenced any proceeding to terminate the subject institution's deposit insurance, the commissioner shall represent the facts by ex parte petition to a justice of the superior court. In either such circumstance, said justice shall direct the commissioner to take possession of the property and business of such institution and retain possession thereof until it shall resume business, or until its affairs shall finally be liquidated as herein provided; and upon completion of such liquidation the charter of such institution shall be vacated.|||Source. 1911, 68:4. PL 268:4. RL 316:4. RSA 395:4. 1991, 251:3. 1992, 98:1, eff. Apr. 29, 1992.|
NH Rev Stat § 395:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:5 - Commissioner's Duties.

    395:5 Commissioner's Duties. –||Upon taking possession of the property and business of any institution to which this chapter applies, the commissioner shall have authority to collect money due the institution and to do such other acts as are necessary to conserve its assets and business. He shall collect all debts due and claims belonging to it, and, upon the order of the superior court, may sell or compound all bad or doubtful debts; and on like order may sell all or any part of the real and personal property of the institution on such terms as the court shall direct.|||Source. 1911, 68:5. PL 268:5. RL 316:5. RSA 395:5. 1967, 132:16, eff. July 18, 1967.|
NH Rev Stat § 395:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:6 - Inventory.

    395:6 Inventory. –||The commissioner shall make an inventory of the assets of the institution in duplicate, one to be filed in the office of the commissioner, and one in the office of the clerk of the superior court for the county in which the principal office of the institution is located.|||Source. 1911, 68:5. PL 268:6. RL 316:6.|
NH Rev Stat § 395:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:7 - Notice.

    395:7 Notice. –||The commissioner shall give notice of the fact that he has taken possession of the property and business of the institution to any and all banks, trust companies, associations and individuals holding or having possession of any assets of such institution.|||Source. 1911, 68:5. PL 268:7. RL 316:7.|
NH Rev Stat § 395:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:8 - Effect.

    395:8 Effect. –||No bank, trust company, association or individual, knowing that the commissioner has taken such possession, or having been notified thereof as aforesaid, shall have a lien or charge for any payment, advance or clearance thereafter made, or liability thereafter incurred, against any of the assets of the institution.|||Source. 1911, 68:5. PL 268:8. RL 316:8.|
NH Rev Stat § 395:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:9 - Commissioner's Authority.

    395:9 Commissioner's Authority. –||For the purpose of executing and performing the powers and duties hereby conferred upon him, the commissioner may, in the name of any such institution, prosecute and defend any legal proceedings, and may in the name of the institution execute, acknowledge and deliver any instruments necessary and proper to effectuate any sale of real or personal property or any compromise authorized by the court as herein provided; and any instrument executed pursuant to such authority shall be valid and effectual for all purposes to the same extent as though executed by the institution.|||Source. 1911, 68:6. PL 268:9. RL 316:9.|
NH Rev Stat § 395:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:10 - Appointment of Agents.

    395:10 Appointment of Agents. –||The commissioner may appoint agents to assist him to perform such duties connected with the business of such institutions as he may deem proper, and may procure such expert assistance and advice, or retain such of the officers or employees of such institution, as he may deem necessary; and the commissioner shall require from such agents or assistants such security for the faithful performance of their duty as he may deem proper.|||Source. 1911, 68:7. PL 268:10. RL 316:10.|
NH Rev Stat § 395:10-a (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:10-a - Authority to Appoint a Federal Regulatory Agency as Liquidating or Receiving Agent.

    395:10-a Authority to Appoint a Federal Regulatory Agency as Liquidating or Receiving Agent. –||Upon petition by the bank commissioner for the state to the superior court, the court may authorize the commissioner to appoint as liquidating or receiving agent of the bank commissioner a federal agency having authority to act in such capacity, subject to consent of such federal agency, allowing the federal agency so appointed to take possession of the assets, both legal and equitable, of a closed New Hampshire depository institution or any institution with respect to which the commissioner has filed a petition pursuant to RSA 395:4. As liquidating or receiving agent appointed by the bank commissioner with the permission of the court, the federal agency may assist the bank commissioner in the performance of his duties pursuant to this chapter, completing the final liquidation of such depository institution and vacation of its charter. The federal agency so appointed shall not be subject to the requirements of RSA 395:5. Upon such appointment, the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the National Credit Union Administration or any successor federal agency shall carry out its duties as receiver or liquidator pursuant to the applicable provisions of federal law.|||Source. 1973, 11:1. 1991, 251:1. 1992, 98:2, eff. Apr. 29, 1992.|
NH Rev Stat § 395:10-b (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:10-b - Emergency Waiver.

    395:10-b Emergency Waiver. –||The bank commissioner, upon the appointment of a federal agency as receiving or liquidating agent pursuant to RSA 395:10-a, shall have authority to issue an order waiving or suspending all laws, rules, practices and policies with respect to the authorization to commence or continue banking operations in the state of New Hampshire as he deems necessary and prudent. Such order shall take effect upon the appointment of the federal agency and shall continue in force until all actions necessary to liquidate the insolvent or closed New Hampshire depository institution are completed. Any waiver or suspension of any law, rule, practice or policy shall be limited to matters pertaining to the legally insolvent or closed New Hampshire depository institution for whom a liquidating or receiving agent has been appointed.|||Source. 1991, 251:2, eff. June 10, 1991.|
NH Rev Stat § 395:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:11 - No Extra Compensation to Commissioner.

    395:11 No Extra Compensation to Commissioner. –||The commissioner shall not receive any extra compensation for his services.|||Source. 1911, 68:10. PL 268:11. RL 316:11.|
NH Rev Stat § 395:12 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:12 - Agent's Compensation, Etc.

    395:12 Agent's Compensation, Etc. –||The compensation of any agents, counsel, employees and assistants, and all expenses of supervision and liquidation, shall be fixed by the commissioner, subject to the approval of the court, and on notice to such institution, and upon the certificate of the commissioner, shall be paid out of the funds of the institution in their hands.|||Source. 1911, 68:10. PL 268:12. RL 316:12.|
NH Rev Stat § 395:13 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:13 - Notice.

    395:13 Notice. –||The commissioner shall cause to be published weekly for 3 consecutive months, in such newspapers as he may direct, a notice calling on all persons who may have claims against such institution to present the same to the commissioner and to make legal proof thereof at a place and time not earlier than the last day of publication, to be therein specified. The commissioner shall mail a similar notice to all persons whose names appear as creditors upon the books of the institution so far as their addresses are known.|||Source. 1911, 68:8. PL 268:13. RL 316:13.|
NH Rev Stat § 395:14 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:14 - Rejection.

    395:14 Rejection. –||If the commissioner doubts the justice and validity of any claim he may reject the same and serve notice of such rejection upon the claimant either by mail or in person. An affidavit of service of such notice, which shall be prima facie evidence thereof, shall be filed with the commissioner.|||Source. 1911, 68:8. PL 268:14. RL 316:14.|
NH Rev Stat § 395:15 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:15 - Suit.

    395:15 Suit. –||An action upon the claim so rejected shall not be entertained unless brought within 6 months after such service.|||Source. 1911, 68:8. PL 268:15. RL 316:15.|
NH Rev Stat § 395:16 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:16 - Delayed Claims.

    395:16 Delayed Claims. –||Claims presented after the expiration of the time specified in the notice to creditors shall be entitled to share in the distribution only to the extent of the assets in the hands of the commissioner equitably applicable thereto.|||Source. 1911, 68:8. PL 268:16. RL 316:16.|
NH Rev Stat § 395:17 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:17 - Reports on Claims.

    395:17 Reports on Claims. –||Upon the expiration of the time fixed for the presentation of claims, the commissioner shall make in duplicate a full and complete list of the claims presented, including and specifying such claims as have been rejected by him. One of the said lists shall be filed in the office of the commissioner, and the other in the office of the clerk of court.|||Source. 1911, 68:9. PL 268:17. RL 316:17.|
NH Rev Stat § 395:18 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:18 - Additional List.

    395:18 Additional List. –||Thereafter the commissioner shall make and file in said offices, at least 15 days before every application to the court for leave to declare a dividend, a supplementary list of the claims presented since the last preceding list was filed, including and specifying such claims as have been rejected by him, and, in any event, he shall make and file the said list at least once in every year after the filing of the original list, so long as he shall remain in the possession of the property and business of the institution. Said inventory and lists shall be open to inspection at all reasonable times.|||Source. 1911, 68:9. PL 268:18. RL 316:18.|
NH Rev Stat § 395:19 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:19 - Payment of Secured Claims and Dividends.

    395:19 Payment of Secured Claims and Dividends. –||At any time after the expiration of the date fixed for the presentation of claims, upon application of the commissioner, the court may authorize:||I. Any person who holds a perfected security interest or a mortgage lien in assets of the insolvent or closed New Hampshire depository institution, which security interest or mortgage lien was granted to the person by such institution pursuant to a written contract or agreement as security for the payment of a debt or obligation deemed to be valid by the commissioner to:||(a) Dispose of or foreclose its mortgage lien on the collateral pursuant to applicable law;||(b) Satisfy such debt or obligation from the proceeds thereof;||(c) Pay the balance of the proceeds, if any, to the commissioner; and||(d) Provide a full account to the commissioner for all actions taken in connection with the disposition of or foreclosure of its mortgage lien on the collateral; and||II. The commissioner to declare out of the funds remaining in his hands, one or more dividends, such dividends to be paid to such persons, in such amounts, and upon such notice, as may be directed by the court. All dividends payable under this paragraph shall be paid in accordance with the priority established under RSA 395:30.|||Source. 1911, 68:11. PL 268:19. RL 316:19. RSA 395:19. 1991, 251:4, eff. June 10, 1991.|
NH Rev Stat § 395:20 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:20 - Payment of.

    395:20 Payment of. –||In the absence of an express written agreement to the contrary, any person paying to the depositor of a bank closed or in liquidation under this chapter or in any manner, a part or the whole of his deposit therein shall be subrogated to the rights of such depositor to receive dividends on account of the amount so paid.|||Source. 1937, 103:7. RL 316:20.|
NH Rev Stat § 395:21 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:21 - Objections to Claims.

    395:21 Objections to Claims. –||Objections to any claim not rejected by the commissioner may be made by any person interested by filing a copy of such objections with the commissioner, who shall present the same to the court at the time of the next application for permission to declare a dividend. The court to which such application is made shall thereupon notify the claimant and determine the validity of the claim. No dividend thereon shall be paid by the commissioner until the claimant shall have established his claim by judgment of the court.|||Source. 1911, 68:11. PL 268:20. RL 316:21.|
NH Rev Stat § 395:22 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:22 - to 395:25 Repealed by 1965, 214:2, eff. Jan. 1, 1966.

    395:22 to 395:25 Repealed by 1965, 214:2, eff. Jan. 1, 1966. –|
NH Rev Stat § 395:26 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:26 - Procedure.

    395:26 Procedure. –||Whenever any institution of whose property and business the commissioner takes possession as aforesaid deems itself aggrieved thereby, it may at any time within 10 days thereafter apply to the court to discontinue further proceedings; and the court, after notice to the commissioner and hearing, may dismiss such application or direct the commissioner to surrender the said business and property to the institution.|||Source. 1911, 68:14. PL 268:25. RL 316:26.|
NH Rev Stat § 395:27 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:27 - By Commissioner.

    395:27 By Commissioner. –||Whenever it appears to the commissioner advisable, or upon the petition of the trustees or directors of the institution, he may, with the approval of a justice of the superior court, reduce pro rata the deposit account of each depositor therein, whenever the value of its assets is less than the total amount of its deposits.|||Source. 1911, 68:16. PL 268:26. RL 316:27.|
NH Rev Stat § 395:28 (2021)
2021 New Hampshire Revised Statutes|Title XXXV - Banks and Banking; Loan Associations; Credit Unions|Title 395 - Liquidation Under Supervision of the Bank Commissioner|Section 395:28 - Sharing Assets.

    395:28 Sharing Assets. –||If the bank shall realize from the assets a greater sum than was so fixed upon the court shall order such excess to be equitably divided among the depositors whose accounts have been reduced, but to the extent of such reduction only.|||Source. 1911, 68:16. PL 268:27. RL 316:28.|