reglab/statecodes huggingface dataset:
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:4-403 - Capital Debentures.

383-A:4-403 Capital Debentures. –
For the purpose of strengthening its financial condition, subject to the approval of its board of directors, a state bank may receive contributions to its capital funds and in consideration for those funds may issue capital debentures to any person. The board of directors may not issue the capital debentures unless (i) it files an application for approval of the issuance of the capital debenture under RSA 383-A:6-602 specifying the principal amount of capital debentures which it proposes to issue, the terms and conditions of the debentures including interest rate and retirement provisions, the name of any bank or other persons proposing to purchase capital debentures, the principal amount of debentures which it proposes to purchase, and its reasons for issuing those debentures, and (ii) is permitted to issue the debentures by the commissioner. Capital debenture shall be considered legal investments for any person named in the plan. Capital debentures may be retired only from earnings unless otherwise authorized by the commissioner.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:4-404 - Redemption of Shares.

383-A:4-404 Redemption of Shares. –
A state bank may redeem shares of its capital stock if (i) the redemption is conducted in accordance with the provisions of its organizational documents, (ii) the remaining capital exceeds the minimum capital required by this chapter, and (iii) the board of directors determines that the redemption will not jeopardize the safe and the sound operation of the state bank based on a diligent review of all applicable facts and circumstances then known to them. The board of directors shall not make a proposed redemption unless it gives notice of the proposed redemption to the commissioner as provided in RSA 383-A:6-602.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:6, eff. Sept. 8, 2017.
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:4-405 - Fidelity Bond.

383-A:4-405 Fidelity Bond. –
(a) A state bank or credit union shall maintain a fidelity bond that provides protection against losses from (i) any dishonest or criminal act of any person, including any of its directors, officers, employees, and agents, and (ii) any act such as robbery, burglary, or forgery by a person not associated with the bank or credit union.
(b) Except as provided in (c), the fidelity bond shall be issued by:
(1) An insurer licensed under the laws of the state; or
(2) A foreign surplus lines insurer authorized to sell insurance in this state and licensed by any state, district, or territory of the United States.
(c) The issuer of a fidelity bond may be a person other than as described in (b)(1) and (2) if, under the terms of the policy, the issuer unconditionally consents to:
(1) The resolution of any claim or dispute involving the policy by a court located in this state; and
(2) The personal jurisdiction of the courts located in this state in connection with any matter involving the policy.
(d) The board of directors shall review the fidelity bond annually, or more often as circumstances require, to evaluate the adequacy of the amount of coverage.
(e) A state bank or credit union shall give notice to the commissioner in accordance with RSA 383-A:6-602 if the coverage under the fidelity bond is decreased by 25 percent or more in any 12-month period.
(f) From time to time, the commissioner may reduce or increase the amount of the fidelity bond that a state bank or credit union is required to maintain. At no time shall the amount fall below the minimum required by the commissioner.
(g) The policy shall require that the fidelity bond insurer provide 10 days' notice to the commissioner before cancellation or nonrenewal of the fidelity bond shall take effect.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2019, 169:5, eff. Sept. 8, 2019.
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:4-406 - Errors and Omissions Liability Insurance.

383-A:4-406 Errors and Omissions Liability Insurance. –
(a) A state bank or credit union shall maintain a liability policy that insures against losses that any of its customers incurs by reason of the errors and omissions of the state bank or credit union or any of its directors, officers, employees, and agents.
(b) Except as provided in subsection (c), the errors and omissions liability policy shall be issued by:
(1) An insurer licensed under the laws of this state; or
(2) A foreign surplus lines insurer authorized to sell insurance in this state and licensed by any state, district, or territory of the United States.
(c) The issuer of the errors and omissions liability policy may be a person other than as described in (b) if, under the terms of the policy, the issuer unconditionally consents to:
(1) The resolution of any claim or dispute involving the policy by a court located in this state; and
(2) The personal jurisdiction of the courts located in this state in connection with any matter involving the policy.
(d) The board of directors shall review the errors and omissions liability policy annually, or as circumstances require, to evaluate the adequacy of the amount of coverage.
(e) A state bank or credit union shall give notice to the commissioner in accordance with RSA 383-A:6-602 if coverage under the errors and omissions liability policy is decreased by 25 percent or more in any 12-month period.
(f) From time to time, the commissioner may reduce or increase the amount of errors and omissions liability insurance coverage that a state bank or credit union is required to maintain. At no time shall the amount of insurance fall below the minimum required by the commissioner.
(g) The policy shall require that the errors and omissions liability insurer provide 10 days' notice to the commissioner before cancellation or nonrenewal of the errors and omissions liability shall take effect.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2019, 169:5, eff. Sept. 8, 2019.
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:5-501 - Management and Operations.

383-A:5-501 Management and Operations. –
This article sets forth general provisions that apply to state banks and credit unions as specified and is supplemented by other provisions in the Banking Acts and the Credit Union Act. The commissioner shall have the power to adopt rules relating to the forms and procedures related to filings required under this article.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-502 - Board of Directors.

383-A:5-502 Board of Directors. –
Each state bank and credit union shall have a board of directors elected or appointed in accordance with its organizational documents. No director shall serve on a board until he or she accepts his or her election or appointment in writing, which acceptance shall be maintained in the records of the state bank or credit union.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-503 - Notice of Election.

383-A:5-503 Notice of Election. –
Within 30 days after the acceptance by a director of a state bank or credit union of his or her election or appointment, the state bank or credit union shall notify the commissioner of the name and residence address of the director who was elected or appointed.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-504 - Officers.

383-A:5-504 Officers. –
The board of directors of a state bank or credit union shall elect or appoint a president, a treasurer, a secretary, and the other officers as prescribed in its organizational documents. The officers shall be elected or appointed no less frequently than once every 3 years and shall hold office subject to the pleasure of the board of directors.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-506 - Committees.

383-A:5-506 Committees. –
(a) Subject to its oversight and any limitation set forth in the organizational documents, the board of directors of a state bank may create one or more committees, delegate to each committee any powers and duties that the board of directors deems appropriate, and appoint one or more directors, officers, and other natural persons to serve on each committee.
(b) Each member of a committee shall be subject to the same standards of conduct to which a director is subject under RSA 383-A:5-505(b).
(c) Each committee shall keep minutes of its activities and shall report to the board of directors as frequently as the board of directors requires.
(d) The creation of, delegation of power or duties to, or action by a committee does not alone constitute a director's compliance with the standards of conduct described in RSA 383-A:5-505(b).
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-507 - Meetings; Records.

383-A:5-507 Meetings;  Records. –
(a) The board of directors of a state bank or credit union shall meet on a regular basis as often as necessary but not less than the minimum number of meetings required by applicable law.
(b) Minutes of each meeting shall be kept, showing the names of the directors who are present and describe the activities, matters discussed, and votes taken at the meeting.
(c) The attendance of a majority of the board of directors shall be required for a quorum to conduct business.
(d) The board of directors shall adopt a policy providing standards for determining the number of absences by directors from meetings of the board or the committees which could result in the removal of a director from office.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-508 - Action Without Meeting.

383-A:5-508 Action Without Meeting. –
Unless the organizational documents of a state bank or credit union provide otherwise, any action to be taken at a meeting of the board of directors or committee may be taken without a meeting under and consistent with any provision of the applicable Organizations Act permitting the action.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-509 - Annual Audits; Reports.

383-A:5-509 Annual Audits;  Reports. –
(a) The board of directors of a state bank or credit union shall engage a certified public accountant, at least annually, to serve as its auditor and to perform an annual audit. Each state bank or credit union shall give notice to the commissioner of its engagement of an auditor at the time of its engagement and shall require its auditor to confirm the engagement to the commissioner within 30 days of the engagement. Each state bank or credit union shall give notice to the commissioner of the termination of the engagement of an auditor at the time of the termination and shall require the auditor to confirm the termination to the commissioner within 30 days of the termination.
(b) Any auditor engaged under subsection (a) shall examine the books, accounts, and operating systems of the state bank or credit union in such a manner as in his or her judgment will result in an audit that is in agreement with generally accepted accounting standards.
(c) Each state bank or credit union shall direct its auditor to provide, and the auditor shall provide, the commissioner with a copy of its audit report, within 60 days after each is made available to the state bank or credit union. All reports, memoranda, and correspondence shall be confidential in accordance with RSA 383:10-b.
(d) In the course of his or her regular official examination of the state bank or credit union and at such other times that he or she considers advisable, the commissioner shall review and analyze the work and reports of the accountants and auditors. The auditors shall provide the commissioner with the work and reports as the commissioner may reasonably request provided the request is limited to matters that relate to the safety and soundness of the state bank or credit union. If the commissioner determines that any audit is inadequate or substantially violates the provisions of this section, then the commissioner shall report his or her findings with instructions to the board of directors, who, within 30 days after receiving that report, shall cause the state bank or credit union to comply with the report and instructions.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:1, eff. Sept. 8, 2017. 2019, 168:10, eff. July 10, 2019.
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:5-511 - Copies of Reports and Notices.

383-A:5-511 Copies of Reports and Notices. –
(a) A state bank or credit union shall provide the commissioner with a copy of all reports filed with any other regulatory authority at the time the report is filed.
(b) A state bank or credit union shall file with the commissioner notice of the filing of reports required by the Federal Reserve Board's Regulation H, 12 C.F.R. section 208.62, of the Federal Deposit Insurance Corporation's regulations, 12 C.F.R. section 353.1 et seq., the Department of the Treasury, Financial Crimes Enforcement Network's regulations, 31 C.F.R. chapter X, and the National Credit Union Administration's regulations, 12 C.F.R. section 748, as may be amended from time to time. The notice shall be filed with the commissioner at the same time such reports are filed with the state bank's federal regulators. A state bank or credit union, and any director, officer, employee, or agent of the state bank or credit union, that files a notice shall be protected from liability for any disclosure contained in the notice.
(c) All notices filed with the commissioner under this section shall be confidential and shall not be subject to subpoena or to the requirements of RSA 91-A, except that the commissioner shall provide copies of such notices upon request of the criminal bureau to the New Hampshire department of justice.
(d) The commissioner may adopt rules to describe the contents of notices filed under this subsection.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:5-512 - Service Entities.

383-A:5-512 Service Entities. –
(a) The purpose of this section is to maintain competitive equality between federally chartered and state-chartered institutions while providing for the safe and sound operation of state-chartered institutions.
(b) Subject to any limitations set forth in the Depository Bank Act (RSA 383-B) and the Credit Union Act (RSA 383-E), a depository bank or credit union may engage with a service entity to the same extent it is permissible for a federal credit union, national bank, or federal savings bank or its subsidiaries to do so under federal law.
(c) For the purposes of this section, to engage with a service entity means to establish, acquire, make loans to, contract with, or invest in the equity interest, obligations, or other securities of a service entity, or to otherwise participate in or utilize the service of such service entity, whether individually or together with other depository banks, credit unions, or other financial institutions.
(d) A depository bank or credit union shall maintain, or shall contract with the service entity to maintain, sufficient records related to the depository bank's or credit union's engagement with the service entity to enable the commissioner to determine whether the depository bank or credit union is in compliance with the provisions of this chapter and any limitations set forth in the Depository Bank Act (RSA 383-B), and the Credit Union Act (RSA 383-E).
(e) If any proposed engagement with a service entity is not expressly enumerated as a permissible engagement under federal law, but falls within the intent of federal law, the commissioner may authorize the proposed engagement by rule or order, provided such engagement is consistent with the purpose of this section, supports the general business needs of the depository bank or credit union, promotes the interests of its customers, and will not jeopardize the safe and sound operation of the depository bank or credit union.
Source.
2019, 115:3, eff. Aug. 20, 2019.
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:6-601 - Notices and Applications.

383-A:6-601 Notices and Applications. –
This article applies to all persons who are (i) seeking to engage in an act or transaction under the Banking Acts or Credit Union Act that requires the prior review and approval by the commissioner, or (ii) required to provide notice to the commissioner under the Banking Acts or the Credit Union Act. The commissioner shall have the power to adopt rules relating to the forms and procedures related to filings required under this article.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:17, eff. Sept. 8, 2017.
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:6-602 - Filing Procedure.

383-A:6-602 Filing Procedure. –
(a) A person seeking to engage in any act or transaction under the Banking Acts or the Credit Union Act, that requires the prior review of the commissioner shall submit a written application, as appropriate, with the commissioner.
(b) A person required to provide notice to the commissioner under the Banking Acts or the Credit Union Act shall submit a written notice to the commissioner in such form as the commissioner may prescribe.
(c) For purposes of this article, "filer" means the person filing the notice or application. The filer shall provide such relevant information as the commissioner may require with respect to the act or transaction under law or rules adopted by the commissioner.
(d) The filer shall pay an administrative fee in accordance with RSA 383-A:6-609. No notice or application shall be considered by the commissioner until payment of the enumerated fee has been received.
(e) The filer shall provide to the commissioner a copy of any application or notice filed with any other regulatory authority relating to the act or transaction at the time the application or notice is made.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:17, eff. Sept. 8, 2017.
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:6-603 - Substantial Completeness of Filing.

383-A:6-603 Substantial Completeness of Filing. –
(a) The commissioner shall examine each application filed under RSA 383-A:6-602 to determine whether it complies with applicable filing requirements, including payment of any required fee. No later than 30 days after receipt of the filing by the commissioner, the application shall be deemed substantially complete unless the commissioner notifies the filer within the 30-day period that it is not substantially complete or requests the person to submit additional information.
(b) The filer may re-file the application with required modifications or submissions. If the re-filing is made within 90 days after receipt of commissioner's notice, then the initial filing fee shall cover the re-filing, and no additional filing fee shall be required to be paid. If the re-filing is made after the expiration of the 90-day period, then a new fee must be paid. The commissioner shall then determine whether the re-filed application is substantially complete within 30 days after receipt of the re-filing and shall so notify the person.
(c) An application deemed substantially complete under this section shall be subject to final determination by the commissioner under RSA 383-A:6-604.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:17, eff. Sept. 8, 2017.
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:6-604 - Determination.

383-A:6-604 Determination. –
(a) Within 10 business days after receipt of a notice, the commissioner shall issue a written acknowledgment of receipt of the notice to the filer.
(b) Within 60 days after the application is deemed substantially complete under RSA 383-A:6-603, the commissioner shall issue:
(1) A decision approving or denying the application, in whole or in part, including any conditions of approval the commissioner deems necessary or advisable; or
(2) A notice that further investigation or examination is required, including the possibility of soliciting public comment by hearing or otherwise.
(c) Upon completion of any further investigation or examination under subsection (b)(2), the commissioner shall issue a decision approving or denying the application, in whole or in part, including any conditions of approval the commissioner deems necessary or advisable.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:18, eff. Sept. 8, 2017.
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:6-605 - Repealed by 2017, 209:22, eff. Sept. 8, 2017.

383-A:6-605 Repealed by 2017, 209:22, eff. Sept. 8, 2017. –
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:6-606 - Additional Information.

383-A:6-606 Additional Information. –
At any time after any notice or application is determined to be substantially complete under RSA 383-A:6-603 and before the issuance of a final determination by the commissioner under RSA 383-A:6-604(b) or RSA 383-A:6-604(c), the commissioner may request the filer to provide additional information and may deny any notice or application for failure of the person to timely provide the requested information.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:20, eff. Sept. 8, 2017.
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:6-607 - Time Limits.

383-A:6-607 Time Limits. –
If the time limits prescribed by this article conflict with specific time limits provided for by other provisions of RSA 383-A, RSA 383-B, RSA 383-C, RSA 383-D, or RSA 383-E, then the specific time limits provided for by the other provisions shall control.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:6-608 - Appeal.

383-A:6-608 Appeal. –
The commissioner's final determination under RSA 383-A:6-604 may be appealed under RSA 541.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:21, eff. Sept. 8, 2017.
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:6-609 - Fee Schedule.

383-A:6-609 Fee Schedule. –
(a) The commissioner shall charge a filing fee to each person for services rendered by the department in reviewing a notice or application. Sums collected under this section shall be payable to the state treasurer as restricted revenue and credited, in accordance with the banking division's accounting unit designation, to the appropriation for the commissioner. Charges for services shall be billed as follows:
(1) Fee for new state bank or credit union charter: $15,000
(2) Fee for domestication of foreign trust company: $7,500
(3) Fee for charter conversion, combination, acquisition, change in control, share exchange, reorganization, or approval of trust powers: $2,500
(4) Fee for the dissolution of a trust company: $2,000
(5) Fee for a reduction in a depository bank's capital, change in business plan or change in required capital of a trust company, amendment to a state bank's organizational instrument, amendment of a credit union's bylaws, or formation of a subsidiary entity that requires approval of the commissioner: $500
(6) Fee for a new branch, loan production office and trust company office: $500
(7) Fee for a relocation or termination of a branch, loan production office or trust company office: $100
(8) Fee to issue a certificate of existence: $50
(9) Fee for a reservation or approval of a name or trade name: $50
(b) If at any time the commissioner determines that the cost to complete the investigation or examination of the notice or application has or will exceed the fee set forth in subparagraphs (a)(1)-(9), the commissioner shall cease further review, notify the filer of this determination and advise that the filer may withdraw the notice or application. If the filer elects to withdraw the notice or application pursuant to this paragraph, the commissioner shall refund the filing fee, minus such costs of investigation or examination that been incurred during the Department's review. If the filer informs the commissioner it does not elect to withdraw the notice or application, the commissioner shall continue the review of the notice or application and the filer shall pay the additional investigation or examination costs. The cost of the investigation or examination shall be determined in accordance with the per diem examination charge established in RSA 383:11, I provided, however, that the requirement that no entity shall be charged or pay less than one full day shall not apply.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2021, 194:20, eff. Oct. 9, 2021.
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:7-702 - Unauthorized and Deceptive Use.

383-A:7-702 Unauthorized and Deceptive Use. –
(a) Without the prior authorization of a bank or credit union, no person shall:
(1) Use the full or abbreviated name, trade name, service mark, or trademark of any bank or credit union in any written, electronic, or oral advertisement or solicitation for products and services;
(2) Make reference to a loan number or other specific loan information on the outside of an envelope, visible through an envelope window, on a postcard, or in electronic communication in connection with any written or electronic solicitation; or
(3) Include a loan number or other specific loan information, other than a loan amount, relative to a specifically identified consumer that is publicly available:
(A) In any written or electronic solicitation, unless the advertisement or solicitation clearly and conspicuously states on the front page or introduction in bold-faced type that is the same font size as is predominantly used in the advertisement or solicitation disclosing that the person is not sponsored by or affiliated with, and that the solicitation is not authorized by, the bank or credit union and that the information was retrieved from public records; or
(B) In an oral solicitation unless the same disclosure is made at the beginning of the solicitation.
(b) The person shall furnish a copy of the authorization on request by the commissioner.
(c) The use of a bank or credit union's full or abbreviated name, trade name, service mark, or trademark in a comparative advertisement or solicitation by another person, which is limited solely to comparing the relative attributes of similar products or services offered by the bank or credit union and the person, shall be permitted under this section and shall not require prior authorization of the bank or credit union, provided that the full or abbreviated name, trade name, trademark, or service mark of the bank or credit union is not visible to the addressee:
(1) In the case of a letter or other form of written communication, before opening the document containing the comparison or the envelope in which it is sent or delivered;
(2) In the case of a postcard, on its face; or
(3) In the case of an electronic transmission, within its subject line.
(d) For the purpose of this section, the term bank or credit union shall include a mortgage lender as defined in RSA 397 and an affiliate or subsidiary thereof having a business location in this state.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:7-703 - Enforcement.

383-A:7-703 Enforcement. –
In addition to the commissioner's authority under RSA 383-A:9, the insurance commissioner may issue a cease and desist order, as provided in RSA 400-A:10, against any person which engages in any act or conduct in violation of RSA 383-A:7-702 involving a state bank or credit union under the jurisdiction of the insurance commissioner and may bring legal action to enforce the order.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:7-704 - Jurisdiction.

383-A:7-704 Jurisdiction. –
Any person that engages in any act or conduct in violation of this article shall be subject to the jurisdiction of this state. Nothing in RSA 383-A:7-702 or RSA 383-A:7-703 shall limit the authority of the New Hampshire secretary of state to enforce the laws under his or her jurisdiction relating to trade names, trademarks, or service marks.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:8-802 - Waiver.

383-A:8-802 Waiver. –
The commissioner may waive any provision of this article for good cause shown.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:9-901 - Purpose.

383-A:9-901 Purpose. –
This article sets forth enforcement and administrative authority of the commissioner under this chapter. The commissioner shall have the power to adopt rules relating to the forms and procedures related to proceedings under this article.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:9-902 - Removal of Director or Officer by Commissioner.

383-A:9-902 Removal of Director or Officer by Commissioner. –
(a) If, in the opinion of the commissioner, any director or officer of a state bank or credit union has continued to violate any law relative to the state bank or credit union or has continued unsafe or unsound practices in conducting the business of the state bank or credit union after having been warned by the commissioner to discontinue the violations of law or the unsafe or unsound practices, then the commissioner may cause notice to be served upon the director or officer to show cause why the director or officer should not be removed from office.
(b) A copy of the show cause notice shall be sent by certified mail to the director or officer subject to removal and to each other director and officer of the state bank or credit union affected.
(c) If, after granting the director or officer a reasonable opportunity to be heard, the commissioner finds that the director or officer has continued to violate the law or has continued unsafe or unsound practices after having been warned, then the commissioner may order that the director or officer be removed from office.
(d) A person who, under subsection (c), has been removed from office as director or officer of a state bank or credit union shall not participate in any manner in the management or operation of any state bank or credit union without the prior consent of the commissioner.
(e) A person who, under subsection (c), has been removed from office as director or officer of a state bank or credit union may appeal a removal order under RSA 541. If appealed, the order of removal shall continue in effect, subject to a decision of a court of last resort upholding or reversing the order.
Source.
2015, 272:16, eff. Oct. 1, 2015.
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:9-904 - Consumer Complaints.

383-A:9-904 Consumer Complaints. –
I. Consumer complaints naming state banks or credit unions, which are filed in writing, shall be forwarded via electronic mail or certified mail to the state bank or credit union for response within 10 days of receipt by the department. Not later than 30 days following receipt of such complaint, the state bank or credit union shall conduct an investigation of the complaint and either:
(a) Make appropriate corrections in the account of the consumer and transmit to the consumer and the department written notification of such corrections, including documentary evidence of any corrections; or
(b) Transmit a written explanation or clarification to the consumer and the department which sets forth the reasons why the state bank or credit union believes its actions are correct, including copies of documentary evidence supporting the explanation or clarification.
II. State banks or credit unions which are unable to comply with the time frames prescribed in this section because of extenuating circumstances may make a written request to the commissioner for a waiver of such time frames. Requests for waivers shall be either granted or denied within 5 days of receipt by the department. Waivers shall not be granted or considered unless the request for waiver:
(a) Is received by the department within 20 days following the state bank's or credit union's receipt of the complaint;
(b) Specifies the reason for the request; and
(c) Specifies a date certain by which the state bank or credit union shall comply with the provisions of this section.
Source.
2018, 207:1, eff. Aug. 7, 2018. 2021, 194:24, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:1-101 - Short Title.

383-B:1-101 Short Title. –
This chapter shall be known and cited as the "Depository Bank Act."
Source.
2015, 272:16, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:1-102 - Scope.

383-B:1-102 Scope. –
This chapter applies to depository banks, national banks, federal savings banks or foreign banks. This chapter also applies to bank holding companies. In addition, RSA 383-A applies to the banks and bank holding companies covered by this chapter.
Source.
2015, 272:16, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:1-103 - Reservation of Power to Amend or Repeal.

383-B:1-103 Reservation of Power to Amend or Repeal. –
The general court has power to amend or repeal all or part of this chapter at any time and all persons subject to this chapter are governed by the amendment or repeal.
Source.
2015, 272:16, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:1-104 - Commissioner.

383-B:1-104 Commissioner. –
The commissioner shall have the powers necessary or incidental to performing all of the commissioner's duties under this chapter, including the power to adopt rules as provided in this chapter in accordance with RSA 541-A. All rules previously adopted by the commissioner relating to the subject matter of this chapter shall be subject to RSA 541-A:17.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2019, 169:8, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:3-302 - Management.

383-B:3-302 Management. –
(a) A depository bank shall have a board of not less than 5 directors, of which a majority shall be residents of New Hampshire.
(b) The board of directors of a depository bank shall meet on a regular basis as often as necessary but not less than 9 times per year, unless the commissioner shall issue an order requiring the board to meet more frequently based on a finding that the safety and soundness of the depository bank is likely to be impaired if meetings are not held more frequently.
Source.
2015, 272:16, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:4-401 - Deposit Accounts.

383-B:4-401 Deposit Accounts. –
This article sets forth the rights and duties of persons with respect to certain deposit accounts.
Source.
2015, 272:16. 2016, 230:11, eff. Aug. 8, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:4-402 - Powers of Attorney.

383-B:4-402 Powers of Attorney. –
A depository bank doing business in this state may continue to recognize the power of an attorney-in-fact authorized in writing to make withdrawals either in whole or in part from the account of a depositor, whether a minor or adult, until it receives written notice or is on actual notice of the revocation of his or her authority. No depository bank shall be liable for damages, penalties, or tax by reason of any payment made under this section.
Source.
2016, 230:11, eff. Aug. 8, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:4-403 - Assignments.

383-B:4-403 Assignments. –
(a) No assignment of a deposit which is evidenced by a passbook or certificate of deposit shall be a valid transfer of the deposit unless the passbook or certificate of deposit is delivered to the assignee accompanied by a written assignment or order for transfer.
(b) No assignment of a deposit, however evidenced, shall be effective to charge the depository bank in which the deposit is maintained with a duty of payment to the assignee prior to service by the assignee on the depository bank of written notice of the assignment. No depository bank shall be liable to an assignee of a deposit maintained in that bank for any payment of the deposit or portion thereof or dividend or interest thereon made to the depositor prior to service on the depository bank by the assignee of the written notice of the assignment; except that the exemption from liability shall not apply in the case of a payment to a depositor, with respect to a deposit evidenced by a passbook, which is made without production of the passbook if the bylaws of the depository bank require production of the passbook as a condition to payment.
Source.
2016, 230:11, eff. Aug. 8, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:4-405 - Joint Accounts.

383-B:4-405 Joint Accounts. –
A person or persons may establish a deposit account at a state or foreign depository bank doing business in this state pursuant to a written agreement. The written agreement shall govern the rights of any person who is named as an owner of the account. In the absence of a written agreement, if 2 or more persons are named on a deposit account as owners, the account shall be payable to any owner, and in the event of death, to the survivor or survivors of them. The survivors shall be entitled to ownership of the account whether or not (i) the funds deposited were the property of only one or some of the owners, (ii) at the time of the making of such deposits there was any intention on the part of the owners making such deposit to vest the other owner or owners with a present interest therein, (iii) only one of the owners during their several lives had the right to withdraw such deposit, or (iv) there was any delivery of any bank book, account book, savings account book, certificate of deposit, or other evidence of such an account, by the owner or owners making such deposit to the other owner or owners. The receipt by an owner of the account of any payment from the account made by the depository bank on the owner's request shall discharge the depository bank from any liability for any payment so made. Nothing in this paragraph shall be construed to prohibit an owner making a deposit or deposits from withdrawing the deposit during his or her lifetime, nor shall the existence of the right to withdraw the deposit during his or her lifetime defeat the rights provided herein for the owner or his or her survivors.
Source.
2016, 230:11, eff. Aug. 8, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:4-406 - Minor Accounts.

383-B:4-406 Minor Accounts. –
Depository banks may pay to a minor deposits to his or her credit as if he or she were of age, and the receipt by the minor shall discharge the depository bank of any liability for any payment so made. A minor shall have the power of a person of lawful age to pledge a deposit account that is owned or co-owned by the minor in order to secure a collateral obligation not exceeding the amount of the account.
Source.
2016, 230:11, eff. Aug. 8, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:4-407 - Foreign Banks.

383-B:4-407 Foreign Banks. –
The provisions of this section shall also apply to deposits maintained in this state by foreign banks.
Source.
2016, 230:11, eff. Aug. 8, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:6-601 - Mutual Banks and Mutual Holding Companies.

383-B:6-601 Mutual Banks and Mutual Holding Companies. –
This article sets forth the special requirements for mutual banks and mutual holding companies in this state.
Source.
2015, 272:16, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:6-602 - Capital Debentures; Special Deposits.

383-B:6-602 Capital Debentures;  Special Deposits. –
The initial capital required to organize a mutual bank shall be in the form of capital debentures or special deposits. The commissioner shall first approve the maturity, interest rate, and repayment provisions of each debenture or special deposit. No retirement of capital debentures or special deposits, in whole or in part, shall be permitted which would leave its capital less than the minimum amount required by the commissioner. The total amount of the capital debentures or special deposits of a mutual bank held by any other bank shall not at any time exceed 10 percent of the total amount of capital debentures or special deposits issued by the mutual bank. The capital debentures shall be transferable only on the books of the mutual bank and shall be subordinate to all general deposits and to all other debts, claims and obligations of the mutual bank. The issuance of capital debentures and special deposits, including increases therein, shall be governed by RSA 383-A:4-403.
Source.
2015, 272:16, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383-B - Depository Bank Act › Section 383-B:6-603 - Authority to Invest in Other Mutual Banks and Mutual Holding Companies.

383-B:6-603 Authority to Invest in Other Mutual Banks and Mutual Holding Companies. –
Notwithstanding any other law to the contrary, a mutual bank and mutual holding company may invest an amount not to exceed 25 percent of its capital and surplus in the capital debentures, bonds, special deposits, or other debt securities of any other mutual bank or mutual holding company located in this state or in any other state, whether the other bank is in organization or in existence. For purposes of this section, if the investment constitutes more than 50 percent of the capital and surplus of the mutual bank or mutual holding company issuing the capital debentures, bonds, special deposits or other debt securities, the banks involved in the investment transaction shall be deemed affiliates and may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans and other obligations as an agent for each other in the same manner as bank subsidiaries of a bank holding company may do so under subsection (r) of the Federal Deposit Insurance Act, 12 U.S.C. section 1828. The banks shall not be considered branches of each other nor shall the bank making the investment be considered a bank holding company.
Source.
2015, 272:16, eff. Oct. 1, 2015.