2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-A - Bank and Credit Union Regulatory and Enforcement › Section 383-A:2-201 - Definitions.

383-A:2-201 Definitions. –
(a) For purposes of RSA 383, RSA 383-A, RSA 383-B, RSA 383-C, RSA 383-D, and RSA 383-E, the following definitions shall apply:
(1) "Affiliate" shall have the same meaning as in 12 U.S.C. section 371c(b)(1), as amended from time to time.
(2) "Association member" means a person who has a right to vote in a savings association. The rights of association members are set forth in RSA 383-B:6-605(b).
(3) "Bank" means a state bank, national bank, federal savings bank, or foreign state bank.
(4) "Bank holding company" means an entity which is a bank holding company under the Federal Bank Holding Company Act of 1956, or a federal savings and loan company under the Federal Home Owners' Loan Act, as may be amended from time to time.
(5) "Banking Acts" means the Bank and Credit Union Act (RSA 383-A), the Depository Bank Act (RSA 383-B), the Trust Company Act (RSA 383-C), and the Family Trust Company Act (RSA 383-D).
(6) "Banking business" means a banking business as described in article 3 of RSA 383-B.
(7) "Board of directors" means the board of directors or trustees of a corporation or the board of managers of a limited liability company.
(8) "Bond" means debt obligation issued under indenture or deed of trust.
(9) "Capital debenture" means an unsecured debt obligation issued by any bank to provide capital.
(10) "Combination" means a merger or consolidation by and between entities or a purchase and assumption of substantially all of the assets and liabilities by one entity of another entity.
(11) "Commissioner" means the New Hampshire bank commissioner.
(12) "Corporate security" means a debt security, preferred stock, or common stock of a publicly held corporation, except a government corporation, existing under the laws of the United States or any state thereof.
(13) "Corporation Act" means RSA 293-A or any replacement or successor New Hampshire statutes.
(14) "Corporator" means an incorporator of a mutual savings bank or mutual holding company, any person chosen as a successor to an incorporator, and any person who is elected by the other corporators of a mutual savings bank or mutual holding company to serve as a corporator of the mutual savings bank or mutual holding company in accordance with its organizational documents. The rights and duties of corporators are set forth in RSA 383-B:6-605(a).
(15) "Credit union" means (i) an entity that is organized under RSA 383-E, or (ii) an entity that was organized under the prior laws of this state and was authorized to operate as a credit union. If the term is modified by the words "federal" or "foreign," then the modification is intended to clarify distinctions between New Hampshire-chartered credit unions and credit unions chartered by federal or other state regulatory authorities.
(16) "Debt security" means a bond, note, debenture, or other debt obligation.
(17) "Department" means the New Hampshire banking department.
(18) "Deposit" means a deposit defined under 12 U.S.C. section 1813(l).
(19) "Deposit account" means an account owned by a depositor.
(20) "Depositor" means any person who makes a deposit.
(21) "Depository bank" means (i) an entity that is organized under the laws of this state and is authorized to engage in a banking business under RSA 383-B, or (ii) any type of entity that was organized under the prior laws of this state as a trust company, mutual bank, guaranty savings bank, or other banking entity and was authorized to accept deposits and make loans.
(22) "Director" means a member of a board of directors.
(23) "Entity" means a person other than a natural person.
(24) "Exchange" means the New York Stock Exchange, NASDAQ, the Over-The Counter Market (as quoted on the OTC Bulletin Board), or any other exchange approved by the commissioner on which securities are listed and traded.
(25) "Executive officer" means a president, executive vice president, senior vice president, treasurer, or any other officer with discretion or ability to set policy or manage or direct affairs of a bank.
(26) "Family trust company" means (i) a trust company that is organized under the laws of this state and authorized to engage in trust business under RSA 383-D, or (ii) any entity that was organized as a family trust company under the prior laws of this state.
(27) "Federal savings bank" means any savings bank or savings association organized under federal law.
(27-a) "Financial institution" means any state bank or credit union and any similar institution organized under the provisions of federal law.
(28) "Foreign state bank" means a bank chartered by a state other than New Hampshire which is authorized to accept deposits.
(29) "Include" or "including" means to comprise or comprehend any item listed following the use of the term and any other item that is reasonably implied from the context of its use. The term is intended to be expansive rather than restrictive.
(30) "Investment grade debt security" means a debt security that is issued by an issuer which has an adequate capacity to meet financial commitments for the life of the security. An issuer has adequate capacity to meet its financial commitments if the risk of default is low and the full and timely repayment of principal and interest is expected.
(31) "Investor-owned bank" means a bank other than a mutual bank.
(32) "LLC Act" means RSA 304-C or any replacement or successor New Hampshire statutes.
(33) "Mutual bank" means a mutual savings bank or savings association.
(34) "Mutual holding company" means (i) an entity that is organized under the laws of this state to become, or continues in mutual form as, the majority shareholder of a mutual bank following its reorganization into a bank holding company structure, or (ii) an entity that was organized as a mutual holding company under the prior laws of this state.
(35) "Mutual savings bank" means (i) a depository bank that is organized under the laws of this state, is owned by its depositors and has corporators who elect directors and vote on corporate matters as provided in RSA 383-B:6-605(a), or (ii) a depository bank that was organized as a mutual savings bank under the prior laws of this state.
(36) "National bank" means any national bank or banking association organized under the National Bank Act, as may be amended from time to time.
(37) "New Hampshire bank holding company" means a bank holding company that owns or controls one or more depository banks with respect to which the largest amount of total deposits of these banks is located in New Hampshire.
(37-a) "New Hampshire Benefit Corporation Act" means RSA 293-C or any replacement or successor New Hampshire statutes.
(38) "Note" means a debt obligation issued under terms and conditions specified in the note instrument.
(39) "NRSRO" means a nationally recognized statistical rating organization designated by the U.S. Securities and Exchange Commission. Ratings of any NRSRO relied upon under this chapter shall be expressed in accordance with standard rating categories.
(40) "Obligation" means a debt security issued or assumed by an obligor and unconditionally guaranteed as to the payment of principal and interest by the obligor.
(41) "Organizations Act" means the Corporation Act and the New Hampshire Benefit Corporation Act, if applicable, or the LLC Act; and "Organizations Acts" means the Corporation Act and the New Hampshire Benefit Corporation Act, if applicable, and the LLC Act.
(42) "Organizational instrument" means the articles of incorporation or articles of agreement of a bank organized as a corporation, the certificate of formation of a bank organized as a limited liability company, or the bylaws of a credit union.
(43) "Organizational documents" means the organizational instrument, the bylaws of a corporation, the operating agreement of a limited liability company, the bylaws of a credit union, and other documents governing the organization of a bank or a credit union or the conduct of its business.
(44) "Organizer" means a person or persons who organize a bank under article 3 of this chapter or a credit union under RSA 383-E.
(45) "Person" means a natural person or entity.
(46) "Public obligation" means a debt security of the United States of America, any state, any state entity, any sovereign nation, or any governmental unit of a sovereign nation.
(47) "Regulatory authority" means a state or federal governmental agency, department or body, other than the commissioner and the department, having supervisory authority over banks or credit unions or regulatory authority over their banking or credit union activities. The term may be modified by the words "federal" or "foreign" to clarify its meaning.
(48) "Savings association" means (i) a depository bank that is organized under the laws of this state, is owned by its depositors and has association members who elect directors and vote on corporate matters as provided in RSA 383-B:6-605(b), or (ii) a depository bank that was organized as a cooperative bank, building and loan association, or savings and loan association under the prior laws of this state.
(48-a) "Service entity" means a corporation, limited liability company, limited partnership, or other legal entity which primarily provides activities or services to or in support of the routine operations of depository banks and credit unions. "Service entity" includes "service organization" and "service corporation."
(49) "State bank" means a depository bank, a trust company, or family trust company.
(50) "State entity" means any governmental unit of a state, such as a county, city, town, district, village district, school district or precinct and shall be included in the definition of "entity."
(51) "Trust business" means a trust business as described in article 3 of RSA 383-C.
(52) "Trust company" means (i) an entity organized under the laws of this state that is authorized to engage in a trust business under RSA 383-C, but is not authorized to accept deposits, or (ii) any entity that was organized as a trust company under the prior laws of this state but was not authorized to accept deposits.
(53) "Unit investment trust" means a fund created under a trust agreement which is registered as a unit investment trust under the Investment Company Act of 1940, as amended from time to time.
(54) "Years" means calendar years, fiscal years or nearer periods of 12 months next preceding a referenced date.
(b) Whenever a federal law or rule is referenced by incorporation in the Bank and Credit Union Act, the Depository Bank Act, the Trust Company Act, the Family Trust Company Act, or the Credit Union Act, the reference is to the law or rule as may be amended from time to time.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2019, 115:1, 2, eff. Aug. 20, 2019; 169:1, eff. July 10, 2019. 2021, 51:8, 9, eff. July 24, 2021.