reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:30 - Examination; Payment of Fees.

384-F:30 Examination;  Payment of Fees. –
I. A New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office shall be subject to examination by the commissioner at such intervals and in such a manner as he or she shall establish by rule or order.
II. In conducting an examination pursuant to this section, the commissioner shall:
(a) Have full access to the offices, books, accounts, and records of each office located in this state as well as all of the books, accounts, and records maintained in this state of any office not located in this state of such foreign bank; and
(b) Have authority to require the attendance of and to examine under oath all persons whose testimony may be required relative to the activities of such office.
III. A foreign bank which is licensed to establish and maintain a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office shall be assessed an examination fee for the expenses incurred by the commissioner in making an examination of such office. The amount of the examination fee and the procedure for payment shall be the same as that prescribed for the cost of examinations under RSA 383:11.
IV. A foreign bank which is licensed to establish and maintain a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office shall be subject to all other fees and expenses to the same extent and in like amounts as such fees and expenses are payable by a New Hampshire bank or out-of-state bank under applicable New Hampshire law.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:32 - Reports.

384-F:32 Reports. –
I. Each foreign bank which is licensed to establish and maintain a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office shall file with the commissioner such reports as and when the commissioner may require by rules, adopted pursuant to RSA 541-A, or order.
II. Each report filed with the commissioner under this chapter or under any rule adopted or order issued under this chapter shall be in such form and contain such information, shall be signed in such manner, and shall be verified in such manner, as the commissioner may require by rules, adopted under RSA 541-A, or order.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:33 - Confidentiality of Examination Reports.

384-F:33 Confidentiality of Examination Reports. –
The confidentiality provisions of RSA 383:10-b shall apply to reports of examinations under this chapter.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:34 - Books, Accounts, and Records.

384-F:34 Books, Accounts, and Records. –
Each foreign bank which is licensed to establish and maintain a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office shall maintain or make available at any such office appropriate books, accounts, and records reflecting all transactions effected by or on behalf of such office and all actions taken in this state by employees of the foreign banking corporation located in this state to effect transactions on behalf of any office of such foreign bank located outside this state.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:35 - Separate Assets.

384-F:35 Separate Assets. –
I. Each foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency in this state shall keep the assets of its business in this state separate and apart from the assets of its business outside this state.
II. The creditors of a foreign bank arising out of transactions with, and recorded on the books of, its New Hampshire state branch or New Hampshire state agency shall be entitled to absolute preference and priority over the creditors of such foreign bank's offices located outside this state with respect to the assets of such foreign bank in this state.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:36 - Disclosure of Lack of Deposit Insurance.

384-F:36 Disclosure of Lack of Deposit Insurance. –
Each foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency shall, in a manner established by the commissioner by rules, adopted pursuant to RSA 541-A, or order, give notice that deposits and credit balances in such office are not insured by the Federal Deposit Insurance Corporation.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:37 - Limitations on Payment of Interest on Deposits.

384-F:37 Limitations on Payment of Interest on Deposits. –
A foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency shall be subject to the same limitations with respect to the payment of interest on deposits as a state bank which is a member of the Federal Reserve System.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:38 - Pledge of Assets.

384-F:38 Pledge of Assets. –
I. Each foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency shall keep on deposit, in accordance with such rules or orders as the commissioner shall adopt, with such unaffiliated New Hampshire banks as such foreign bank may designate and the commissioner may approve, interest-bearing stocks and bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States, or of this state, or of a city, county, town, village, school district, or instrumentality of this state or guaranteed by this state, or dollar deposits, or obligations of the International Bank for Reconstruction and Development, or obligations issued by the InterAmerican Development Bank, or obligations of the Asian Development Bank, or obligations issued by the African Development Bank, or such other assets as the commissioner shall by rule or order permit, to an aggregate amount to be determined by the commissioner, based upon principal amount or market value, whichever is lower, in the case of the above-described securities, and subject to such limitations as he or she shall prescribe.
II. The commissioner may from time to time require that the assets deposited pursuant to this section may be maintained by the foreign bank in such amount, in such form and subject to such conditions as he or she shall deem necessary or desirable for the maintenance of a sound financial condition, the protection of depositors, and the public interest, and to maintain public confidence in the business of such New Hampshire state branch or New Hampshire state agency. The commissioner may give credit to reserves required to be maintained with a federal reserve bank in or outside this state pursuant to federal law, in accordance with such rules as the commissioner may adopt pursuant to RSA 541-A.
III. So long as it shall continue business in the ordinary course, such foreign bank shall be permitted to collect interest on the securities deposited under this section and from time to time exchange, examine, and compare such securities under such conditions as the commissioner may require.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:40 - Voluntary Closure of Branch, Agency, or Representative Office; Application.

384-F:40 Voluntary Closure of Branch, Agency, or Representative Office;  Application. –
I. No foreign bank which is licensed to establish and maintain a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office shall close such branch, agency, or office without filing an application with and obtaining the prior approval of the commissioner. An application by a foreign bank under this section shall be in such form and include such information as the commissioner shall establish by rules adopted pursuant to RSA 541-A or by order.
II. If the commissioner finds, with respect to an application by a foreign bank under this section, that the closing of such branch, agency, or office will not be substantially detrimental to the public convenience and advantage, the commissioner shall approve such application and may impose such conditions precedent and subsequent to such approval as the commissioner may deem prudent or necessary. If the commissioner finds otherwise, he or she shall deny the application.
III. Whenever an application by a foreign bank under this section has been approved and all conditions precedent to such closing have been fulfilled, such foreign bank may close such branch, agency, or office and shall promptly thereafter surrender to the commissioner the license which authorized the foreign bank to maintain the office.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:41 - Suspension or Revocation of License; Factors.

384-F:41 Suspension or Revocation of License;  Factors. –
If, after notice and a hearing, the commissioner finds any of the following with respect to a foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency, he or she may issue an order suspending or revoking the license of such foreign bank:
I. That the foreign bank has violated any provision of this chapter or of any rule or order issued under this chapter or any provision of any other applicable law, rule, regulation, or order.
II. That the foreign bank is transacting activities in this state in an unsafe or unsound manner or, in any case, is transacting activities elsewhere in an unsafe or unsound manner.
III. That the foreign bank or any one or more of its New Hampshire state branches or New Hampshire state agencies is in an unsafe or unsound condition.
IV. That the foreign bank has ceased to operate any of its offices in this state without the prior approval of the commissioner in accordance with this chapter.
V. That the foreign bank is insolvent in that it has ceased to pay its debts in the ordinary course of business, it cannot pay its debts as they become due, or its liabilities exceed its assets.
VI. That the foreign bank has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted in writing its inability to pay its debts as they become due.
VII. That the foreign bank has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under any foreign or domestic bankruptcy, reorganization, insolvency, or moratorium law, or that any person has applied for any such relief under such law against the foreign bank and the foreign bank has by any affirmative act approved of or consented to such action or such relief has been granted.
VIII. That a receiver, liquidator, or conservator has been appointed for the foreign bank or that any proceeding for such an appointment or any similar proceeding has been initiated in the country of the foreign bank's organization.
IX. That the existence of the foreign bank or the authority of the foreign bank to transact banking business under the laws of the country of the foreign bank's organization has been suspended or terminated.
X. That any fact or condition exists which, if it had existed at the time when the foreign bank applied for its license to transact business in this state, would have been grounds for denying such application.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:42 - Immediate Suspension or Revocation.

384-F:42 Immediate Suspension or Revocation. –
If the commissioner finds that any of the factors set forth in RSA 384-F:41 are true with respect to any foreign bank which is licensed to maintain a New Hampshire state branch or New Hampshire state agency and that it is necessary for the protection of the interests of creditors of the foreign bank's business in this state or, in any case, for the protection of the public interest that the commissioner immediately suspend or revoke the license of the foreign bank, the commissioner may issue, without notice and hearing, an order suspending or revoking the license of the foreign bank for a period of up to 90 days, pending investigation or hearing.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:44 - Purposes.

384-F:44 Purposes. –
This subdivision is intended generally to ensure that interstate New Hampshire state branches of out-of-state foreign banks may be established and operated in this state:
I. To the extent consistent with the provisions of section 5 of the federal International Banking Act; and
II. Under terms and conditions that are generally comparable to and no less favorable than those applicable to the establishment of interstate federal branches in this state by out-of-state foreign banks.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-F - The New Hampshire International Banking Act › Section 384-F:45 - Establishment of Interstate Branches in This State by Out-of-State Foreign Banks.

384-F:45 Establishment of Interstate Branches in This State by Out-of-State Foreign Banks. –
I. Except as provided in paragraph II of this section, an out-of-state foreign bank may establish an interstate New Hampshire state branch in the same manner (including by merger or other transactions under section 44 of the Federal Deposit Insurance Act, and comparable provisions of the laws of this state, with New Hampshire banks or other institutions) as, and subject generally to the same criteria, standards, conditions, requirements, and procedures applicable to the establishment of interstate branches in this state by, an out-of-state bank having the same home state in the United States, notwithstanding any provision of the laws or rules of this state to the contrary.
II. Notwithstanding the provisions of paragraph I, the commissioner:
(a) Shall apply to the establishment of an initial interstate New Hampshire state branch, and subsequent intrastate New Hampshire branches, of any out-of-state foreign bank the same criteria, standards, conditions, requirements, and procedures applicable under RSA 384-F:8-43 or rules adopted thereunder to the establishment of an initial New Hampshire state branch, and of subsequent intrastate New Hampshire branches, respectively;
(b) May apply any other criterion, standard, condition, requirement, or provision of the laws or rules of this state that is determined by the commissioner to be substantially equivalent to or consistent with a criterion, standard, condition, requirement, or provision of federal law or regulation generally applicable to the establishment of branches in the United States by foreign banks or specifically applicable to the establishment of a branch in the United States by the applicant foreign bank;
(c) May by rule or order allow an out-of-state foreign bank to acquire or merge with another foreign bank maintaining a New Hampshire branch or agency and thereafter continue such operations as its own.
Source.
1997, 236:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:1 - Definitions.

384-G:1 Definitions. –
In this chapter:
I. "Bank" means a bank as defined in RSA 383-A:2-201(a)(3).
II. "Bank commissioner" means the New Hampshire bank commissioner.
III. "Borrower" means any corporation, partnership, association, government or governmental subdivision or agency, trust, individual, or other entity.
IV. "Credit device" means any card, check, identification code or other means of identification contemplated by the agreement governing the plan.
V. "Individual borrower" means a borrower who is a natural person borrowing for personal, household, or family purposes.
VI. "Loans" mean cash advances or loans to be paid to or for the account of the borrower.
VII. "Outstanding unpaid indebtedness" means on any day an amount not in excess of the total amount of purchases and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of that day and, if the agreement providing the plan so provides, may include the amount of any periodic interest, interest charges and other charges permitted by this chapter, including late or delinquency charges, which have accrued in the account and which are unpaid at the end of the day. Purchases and loans may be included in outstanding unpaid indebtedness as of such time as may be specified in the agreement governing the plan.
VIII. "Purchases" mean payments for property of whatever nature, real or personal, tangible or intangible, and payments for services, licenses, taxes, official fees, fines, private or governmental obligations, or any other thing of value.
IX. "Revolving credit plan" or "plan" means a plan contemplating the extension of credit under an account governed by an agreement between a bank and a borrower pursuant to which:
(a) The bank permits the borrower and, if the agreement governing the plan so provides, persons acting on behalf of or with authorization from the borrower, from time to time to make purchases and/or to obtain loans by use of a credit device;
(b) The amounts of such purchases and loans are charged to the borrower's account under the revolving credit plan;
(c) The borrower is required to pay the bank the amounts of all purchases and loans charged to such borrower's account under the plan but has the privilege of paying such amounts outstanding from time to time in full or otherwise in accordance with the agreement governing the plan; and
(d) Interest may be charged and collected by the bank from time to time on the outstanding unpaid indebtedness under such plan.
Source.
2002, 225:1. 2015, 272:18, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:2 - Extension of Credit.

384-G:2 Extension of Credit. –
Any bank may, subject to any limitations on lending authorities contained in its charter or otherwise imposed by law and subject to the other provisions of this chapter, offer and extend credit under a revolving credit plan to a borrower and in connection therewith may charge and collect periodic interest, interest charges and other charges permitted by this chapter and may take such security as collateral in connection therewith as may be acceptable to the bank. Without limitation of the foregoing, credit may be extended under a revolving credit plan by a bank's acquisition of obligations arising out of the honoring by a merchant, a bank or other financial institution, whether chartered or organized under the laws of this or any other state, the District of Columbia, the United States or any district, territory or possession of the United States, or any foreign country, or a government or governmental subdivision or agency of a credit device made available to a borrower under a plan, whether directly or indirectly by means of telephone, point-of-sale terminal, automated teller machine or other electronic or similar device or through the mails.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:3 - Periodic Interest.

384-G:3 Periodic Interest. –
A bank may charge and collect periodic interest under a revolving credit plan on outstanding unpaid indebtedness in the borrower's account under the plan at such daily, weekly, monthly, annual or other periodic percentage rate or rates as the agreement governing the plan provides or as established in the manner provided in the agreement governing the plan. Periodic interest may be calculated using an average daily balance, 2-cycle average daily balance, adjusted balance or previous balance method or using any other balance computation method provided for in the agreement governing the plan. Periodic billing cycles may be established in such manner and shall have such duration as may be specified in the agreement governing the plan.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:4 - Variable Rates.

384-G:4 Variable Rates. –
If the agreement governing the revolving credit plan so provides, the periodic percentage rate or rates of interest under such plan may vary in accordance with a schedule or formula. Such periodic percentage rate or rates may vary from time to time as the rate determined in accordance with such schedule or formula varies and such periodic percentage rate or rates, as so varied, may be made applicable to all or any part of outstanding unpaid indebtedness under the plan on or after the first day of the billing cycle that contains the effective date of such variation including any such indebtedness arising out of purchases made or loans obtained prior to such variation in the periodic percentage rate or rates. Without limitation, a permissible schedule or formula hereunder may include provision in the agreement governing the plan for a change in the periodic percentage rate or rates of interest applicable to all or any part of outstanding unpaid indebtedness, whether by variation of the then applicable periodic percentage rate or rates of interest, variation of an index or margin or otherwise, contingent upon the happening of any event or circumstance specified in the plan, which event or circumstance may include the failure of the borrower to perform in accordance with the terms of the plan.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:5 - Interest Charges.

384-G:5 Interest Charges. –
I. In addition to or in lieu of interest at a periodic percentage rate or rates as provided in RSA 384-G:3 and RSA 384-G:4, a bank may, if the agreement governing the revolving credit plan so provides, charge and collect, as interest, in such manner or form as the plan may provide, one or more of the following:
(a) A daily, weekly, monthly, annual or other periodic charge in such amount or amounts as the agreement may provide for the privileges made available to the borrower under the plan.
(b) A transaction charge or charges in such amount or amounts as the agreement may provide for each separate purchase or loan under the plan.
(c) A minimum charge for each daily, weekly, monthly, annual or other scheduled billing period under the plan during any portion of which there is an outstanding unpaid indebtedness under the plan.
(d) Reasonable fees for services rendered or for reimbursement of expenses incurred in good faith by the bank or its agents in connection with the plan, or other reasonable fees incident to the application for and the opening, administration and termination of a plan including, without limitation, commitment, application and processing fees, official fees and taxes, costs incurred by reason of examination of title, inspection, appraisal, recording, mortgage satisfaction or other formal acts necessary or appropriate to the security for the plan, and filing fees.
(e) Returned payment charges or charges imposed for the return of a draft drawn on a revolving credit plan evidencing an extension of credit under such plan.
(f) Documentary evidence charges.
(g) Stop payment fees.
(h) Overlimit charges.
(i) Automated teller machine charges or similar electronic or interchange fees or charges.
(j) Prepayment charges authorized under paragraph II.
(k) Subject to any limitations contained in this chapter, such other fees and charges as are set forth in the agreement governing the plan.
II. An individual borrower may pay the outstanding unpaid indebtedness charged to the borrower's account under a plan in full at any time. Except for a charge imposed to terminate a plan if the agreement governing the plan so provides, a bank may not impose any prepayment charge in connection with the payment of outstanding unpaid indebtedness in full by an individual borrower. A bank may charge and collect any prepayment penalty or charge specified in the agreement governing the plan in connection with the payoff and termination of a plan that is secured by a real estate mortgage. The terms of prepayment of the outstanding unpaid indebtedness relating to a revolving credit plan involving a borrower other than an individual borrower shall be as the bank and the borrower may agree.
III. No charges assessed by a bank in accordance with this section shall be deemed void as a penalty or otherwise unenforceable under any statute or the common law.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:6 - Terms for Indebtedness.

384-G:6 Terms for Indebtedness. –
A bank may, if the agreement governing a revolving credit plan so provides, impose different terms (including, without limitation, the terms governing the periodic percentage rate or rates used to calculate interest, the method of computing the outstanding unpaid indebtedness to which such rate or rates are applied, the amounts of other charges, and the applicable installment repayment schedule) in respect to indebtedness arising out of purchases and indebtedness arising out of loans made under the plan.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:7 - Overdraft Accounts.

384-G:7 Overdraft Accounts. –
If credit under a revolving credit plan is offered and extended in connection with a demand deposit account or other transaction account maintained by the borrower with a bank that is also a depository institution pursuant to an agreement or arrangement whereby such bank agrees to honor checks, drafts, or other debits to such account, which if paid would create or increase a negative balance in such account, by making extensions of credit to such borrower under such revolving credit plan, any charges customarily imposed by such bank under the terms governing such demand deposit or other transaction account in the absence of any associated revolving credit plan (including, without limitation, check charges, monthly maintenance charges, checkbook charges, charges for checks drawn on funds in excess of an available line of credit and other similar charges) may continue to be imposed on such account without specific reference thereto or incorporation thereof by reference in the agreement governing the revolving credit plan and the amount of any such charge, to the extent the balance in such demand deposit or other transaction account is insufficient to pay such a charge, may be charged to the borrower's account under the plan as a loan thereunder and may be included in outstanding unpaid indebtedness in accordance with the terms of the agreement governing such revolving credit plan.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:8 - Omitted Installments.

384-G:8 Omitted Installments. –
A bank may at any time and from time to time unilaterally extend to a borrower under a revolving credit plan the option of omitting monthly installments.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:9 - Insurance.

384-G:9 Insurance. –
I. A bank may request but not require an individual borrower to be insured in respect of a revolving credit plan under a life, health, accident, health and accident or other credit or other permissible insurance policy, whether group or individual, and in the event that an individual borrower's outstanding unpaid indebtedness under the plan is secured by an interest in real or personal property, a bank may require the borrower to obtain insurance from a licensed insurer against loss of or damage to such property, or against the liability arising out of the ownership or use of the property and may finance the premiums for such insurance.
II. In the case of a borrower borrowing under a revolving credit plan for other than personal, household or family purposes, a bank may require the borrower to obtain insurance, from a licensed insurer acceptable to the bank, under a life, health, accident, health and accident or other credit or other permissible insurance policy, whether group or individual, and in the event that the borrower's outstanding unpaid indebtedness under the plan is secured by an interest in real or personal property, the bank may require the borrower to obtain insurance, from an insurer acceptable to the bank, against loss of or damage to such property, or against the liability arising out of the ownership or use of the property and may finance the premiums for such insurance.
III. The offer and placement of insurance under this section shall be subject in all respects to the applicable provisions of title 37.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:10 - Delinquent Installments.

384-G:10 Delinquent Installments. –
I. If the agreement governing a revolving credit plan so provides, a bank may impose, as interest, a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the plan which are in default; provided however, that no more than one such late or delinquency charge may be imposed in respect of any single such installment payment or portion thereof, regardless of the period during which it remains in default; and provided further, however, that for the purpose only of the preceding proviso all payments by the borrower shall be deemed to be applied to satisfaction of installment payments in the order in which they become due. Nothing contained in this section shall limit, restrict or otherwise affect the right of a bank under and pursuant to RSA 384-G:3 and RSA 384-G:4 to change the periodic percentage rate or rates of interest applicable to the revolving credit plan between the bank and a borrower upon the occurrence of a delinquency or default or other failure of the borrower to perform in accordance with the terms of the plan.
II. No charges assessed by a bank in accordance with this section shall be deemed void as a penalty or otherwise unenforceable under any statute or the common law.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:11 - Attorney's Fees; Costs.

384-G:11 Attorney's Fees;  Costs. –
In the event a borrower defaults under the terms of a plan, the bank may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing the revolving credit plan so provides, charge and collect from the borrower a reasonable attorney's fee. In addition, following a borrower's default, the bank may, if the agreement governing the plan so provides, recover from the borrower all court, alternative dispute resolution or other collection costs, including, without limitation, fees and charges of collection agencies, actually incurred by the bank.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:13 - Examinations.

384-G:13 Examinations. –
Subject to federal preemption where applicable:
I. The banking department may examine the business affairs of any bank, as it deems necessary to determine whether a revolving credit plan complies with this chapter and the rules adopted hereunder and also with RSA 399-B, the Truth in Lending Act, 15 U.S.C. 1601 et seq., and any other applicable law or regulation. In determining compliance, the banking department may examine the books, accounts, records, files, and other documents or matters of any bank or person. In conjunction therewith, the banking department shall have the power to subpoena witnesses and administer oaths in any adjudicative proceedings, and to compel, by subpoena duces tecum, the production of all books, records, files, and other documents and materials relevant to its investigation.
II. A bank shall maintain such records as will enable the banking department to examine whether the bank's business is in compliance with the provisions of this chapter and the rules adopted pursuant to it. Such records shall be maintained and made available for examination for a period of at least 3 years after the loan is closed, if the loan is not retained in the bank's loan portfolio, or 3 years after the loan is paid in full, if the loan is retained in the bank's loan portfolio. Banks may maintain photocopies, microfilm, microfiche, or electronic copies of original documents.
III. For the purpose of discovering violations of this chapter, the banking department may examine, during business hours, the records of any bank and of any person by whom any such loan is made, whether such person shall claim to act, as principal, agent, or other representative, or under, or without the authority of this chapter; and for that purpose, the banking department shall have access to the books, papers, records, files, and vaults of all such persons. The banking department shall also have authority to examine, under oath, all persons whose testimony it may require relative to such loans or business.
IV. The affairs and records within this state of every bank shall be subject at any time to such periodic, special, regular, or other examination by the banking department, with or without notice to the bank. All books, papers, files, related material, and records of assets of the bank shall be subject to the banking department's examination.
V. Any agent of the banking department may make a thorough examination into the business affairs of each bank and shall report any violations of law, rule, or standard business practice to the banking department.
VI. The expense of such examination shall be chargeable to and paid by the bank. The procedure for such payment shall be the same as for payments by institutions for cost of examinations under RSA 383:11.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:14 - Enforcement.

384-G:14 Enforcement. –
I. Subject to federal preemption where applicable, the bank commissioner shall administer and enforce the provisions of this chapter. The bank commissioner may take enforcement action to remedy any act or practice which violates this chapter, including injunctive relief and restitution.
II. Any borrower injured by any such act or practice in violation of RSA 384-G may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper, against a bank. A prevailing plaintiff shall be awarded reasonable attorneys' fees and costs, as determined by the court. If the court finds that an action initiated by the plaintiff under this paragraph was frivolous, the court shall give reasons thereof in writing and may assess reasonable attorneys' fees and costs.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:15 - Rulemaking.

384-G:15 Rulemaking. –
Pursuant to RSA 541-A, the bank commissioner may adopt such rules as the bank commissioner deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions of this chapter.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:16 - Application of Other State Laws.

384-G:16 Application of Other State Laws. –
Extensions of credit and other transactions conducted pursuant to this chapter shall be subject where applicable to the provisions of RSA 399-B. Any other law of this state limiting the rate or amount of interest, discount, points, finance charges, service charges or other charges which may be charged, taken, collected, received or reserved, or providing for enforcement action or remedies shall not apply to extensions of credit under a revolving credit plan operated in accordance with this chapter.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:17 - Application; Captions.

384-G:17 Application;  Captions. –
I. The provisions of this chapter shall apply to and exclusively govern a revolving credit plan, provided that the plan references this chapter in the agreement and states that the provisions of this chapter shall so govern.
II. Section headings and captions contained in this chapter are inserted only as a matter of convenience and for reference and do not, and shall not be construed to, define, limit, extend, or describe the scope of this chapter or the meaning or intent of any section hereof.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:18 - Materiality of Terms.

384-G:18 Materiality of Terms. –
All terms, conditions, and other provisions of and relating to a plan as contained in this chapter or in the agreement governing the plan other than those which are interest under this chapter, including, without limitation, provisions relating to the method of determining the outstanding unpaid indebtedness on which interest is applied, time periods within which interest charges may be avoided, reasons for default and the right to cure any default, rights to accelerate, account cancellation, choice of law, change in terms requirements, rights to charge and collect attorney's fees, court and collection costs, and the compounding of periodic interest or interest charges, shall be and hereby are deemed to be material to the determination of interest applicable to a plan under New Hampshire law, under the most favored lender doctrine, and under Section 85 of the National Bank Act, 12 U.S.C. Section 85 or Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980, 12 U.S.C. Section 1831d.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:19 - Governing Law.

384-G:19 Governing Law. –
A revolving credit plan between a bank and a borrower shall be governed by the laws of this state.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 384-G - Regulation of Revolving Credit Plans › Section 384-G:20 - Severability.

384-G:20 Severability. –
If any provision of this chapter or the application of any section or part thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
Source.
2002, 225:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 391 - Uniform Common Trust Fund Act › Section 391:1 - Establishment of Common Trust Funds.

391:1 Establishment of Common Trust Funds. –
Any bank or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing investments to itself as fiduciary, or to itself and others, as co-fiduciaries; and may, as such fiduciary or co-fiduciary, invest funds which it lawfully holds for investment in interests in such common trust funds, if such investment is not prohibited by the instrument, judgment, decree, or order creating such fiduciary relationship, and if, in the case of co-fiduciaries, the bank or trust company procures the consent of its co-fiduciaries to such investment. Any person acting as a co-fiduciary with any such bank or trust company is hereby authorized to consent to the investment in such interests.
Source.
1953, 109:1, par. 1, eff. Apr. 17, 1953.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 391 - Uniform Common Trust Fund Act › Section 391:1-a - Establishment and Use of Common Trust by Bank Holding Company Affiliates.

391:1-a Establishment and Use of Common Trust by Bank Holding Company Affiliates. –
Any such bank or trust company which is an affiliate of a bank holding company, as the term "affiliate" is defined by the federal Bank Holding Company Act of 1956, as amended, or of a savings and loan holding company as defined by the federal Savings and Loan Holding Company Act, as amended, may establish common trust funds for the purpose of furnishing investments to itself as fiduciary, to other affiliates of the same holding company qualified to act as fiduciary in this state or in any other state, or to itself and others as co-fiduciaries, or to such other affiliates and others as co-fiduciaries. Subject to the limitations upon the investment of funds held in a fiduciary capacity in common trust funds contained in RSA 391:1, any such bank or trust company establishing such common trust funds and other affiliates of the same holding company qualified to act as fiduciary in this state or in any other state may, as such fiduciary or co-fiduciary, invest funds which it lawfully holds for investment in such common trust funds. Any such bank or trust company may also invest funds which it holds in a fiduciary capacity in any collective investment fund or common trust fund established by such other affiliates of the same holding company under the laws of any state; provided, however, that any such investment is not prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship. Any bank or trust company establishing, maintaining, or so utilizing any common trust fund established under this chapter shall comply with and be subject to all of the provisions of this chapter as though such bank or trust company and the other affiliates participating in such common trust fund were one and the same corporate entity. Any person acting as a co-fiduciary with any such bank or trust company is hereby authorized to consent to the investment in interest in a common trust fund or funds created hereunder.
Source.
1977, 228:1. 1998, 139:18. 1999, 16:3. 2003, 125:1, eff. Aug. 11, 2003.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 391 - Uniform Common Trust Fund Act › Section 391:2 - Court Accountings.

391:2 Court Accountings. –
Unless ordered by a court of competent jurisdiction the bank or trust company operating such common trust funds is not required to render a court accounting with regard to such funds; but it may, by application to the probate court in the county in which the bank or trust company operating the common trust fund is located, secure approval of such an accounting on such conditions as the court may establish. When an accounting of a common trust fund is presented to a court for approval, the court shall assign a time and place for hearing and order notice thereof by: (1) publication once a week for 3 weeks, the first publication to be not less than 20 days prior to the date of hearing, of a notice in a newspaper having a circulation in the county in which the bank or trust company thereof operating the common trust fund is located, and (2) mailing not less than 14 days prior to the date of the hearing a copy of the notice to all beneficiaries of the trusts participating in the common trust fund whose names are known to the bank or trust company from the records kept by it in the regular course of business in the administration of said trusts, directed to them at the addresses shown by such records, and (3) such further notice if any as the court may order.
Source.
1953, 109:1, par. 2, eff. Apr. 17, 1953.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 391 - Uniform Common Trust Fund Act › Section 391:3 - Taxability.

[RSA 391:3 repealed by 2021, 91:99, VIII, effective January 1, 2025.]
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.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 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.