reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-a - Joint Examination.

383:9-a Joint Examination. –
The commissioner is authorized to arrange for a joint examination by the department and any other federal or state regulator or group of regulators with authority to conduct a similar type of examination of the entity, including other state banking departments, the Federal Deposit Insurance Corporation, the Federal Reserve Bank, Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the United States Department of Treasury, and the National Credit Union Administration.
Source.
1957, 258:1. 2003, 165:1. 2015, 272:8, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-b - New Hampshire Charitable Foundation Common Trust Funds.

383:9-b New Hampshire Charitable Foundation Common Trust Funds. –
The commissioner shall also have general supervision of any public common trust fund created by the New Hampshire Charitable Foundation. He may examine into the condition and management of such public common trust funds when necessary in his judgment. Whenever he shall conduct such an examination, he shall charge and collect from the public common trust fund examined, the cost of such examination computed by multiplying the average daily rate of pay of all examining personnel employed in making such examination by the number of full man days devoted to the examination, but such charges for any fiscal year shall in no event exceed
1/2 of one percent of the net income for that fiscal year of such examined fund.
Source.
1969, 447:5. 1992, 24:2, VIII, eff. April 3, 1992.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-c - Educational Lending Institutions.

383:9-c Educational Lending Institutions. –
The bank commissioner shall hear and investigate complaints against companies or corporations primarily engaged in the business of making loans to be used exclusively for the payment and assurance of payment of tuition and other expenses of formal education in institutions of higher learning.
Source.
1969, 498:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-d - Examination of Banks, Credit Unions, Trust Companies, and Family Trust Companies.

383:9-d Examination of Banks, Credit Unions, Trust Companies, and Family Trust Companies. –
I. Unless an exception is granted as provided in paragraph II, the commissioner shall examine the condition and management of all depository banks and credit unions every 18 months or more often when necessary in his or her judgment. The commissioner shall examine the condition and management of all trust companies in accordance with RSA 383-C:14-1401. The commissioner shall examine the condition and management of all family trust companies in accordance with RSA 383-D:11-1101.
II. For entities that qualify under paragraph III, the commissioner may alternate every 18 months between conducting an examination of the entity and either waiving one examination, or accepting the examination report of a federal or state regulator or group of regulators with authority to conduct a similar type of examination of the entity.
III. A depository bank or credit union qualifies for examination treatment under paragraph II if:
(a) It has consistently been given high ratings in past exams;
(b) It is not currently subject to an enforcement proceeding or order; and
(c) The commissioner has deemed it prudent to apply this paragraph and paragraph II.
IV. The commissioner shall examine the condition and management of all consumer credit licensees as required by law, every 24 months, or more often when necessary in his or her judgment. In lieu of his or her own report, the commissioner may accept a report of a federal or state regulator or group of regulators with authority to conduct a similar type of examination of the entity.
V. The commissioner may waive an examination of a licensee if:
(a) The licensee has consistently had examinations with few or no cited violations of law or has not conducted significant business in the state during the exam period;
(b) The licensee is not currently subject to any enforcement proceeding or order from any state or federal regulatory authority; and
(c) The commissioner has deemed it prudent to apply this paragraph and paragraph IV.
VI. In no event shall a licensee be examined less than every 48 months.
Source.
1985, 55:5. 2003, 165:2. 2006, 320:2. 2013, 238:9. 2015, 272:9, eff. Oct. 1, 2015. 2017, 257:34, 35, eff. Sept. 16, 2017. 2019, 168:3, 4, 20, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-e - Corporations as Small Business Lenders.

383:9-e Corporations as Small Business Lenders. –
If a corporation becomes a small business lender through any loan program by the United States Small Business Administration, which requires the corporation to meet banking requirements and to be examined at least annually by the New Hampshire banking department, an examination shall be made by the bank commissioner of the activities of the small business lender, and such reports shall be available to the United States Small Business Administration. The corporation shall not be deemed a banking institution, but shall be subject to the supervision, examination, control and enforcement authority of the bank commissioner under RSA 383 with regard to its loan portfolio. The bank commissioner shall make an annual report of the small business lender, and such report shall be available to the guarantying agency including the United States Small Business Administration. The corporation shall pay the cost of any such examination by the commissioner under RSA 383:11.
Source.
1993, 315:1, eff. Aug. 22, 1993.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-f - Other Nonbank Lenders.

383:9-f Other Nonbank Lenders. –
If a municipal business and industrial development authority, a city development office, or a not-for-profit development organization becomes a small business lender through any program which requires that it be examined by the New Hampshire banking department, the authority or organization shall not be deemed a banking institution, but the New Hampshire banking department, upon written request from the organization, shall have the authority to examine and report on such authorities or organizations with regard to their loan portfolios. The cost of any such examination shall be paid by the authority or organization requesting the examination. This statute does not in any way permit or require that the bank commissioner examine these nonbank, non-Small Business Administration lenders, except when specifically requested to do so, in writing, by the nonbank lender to be examined.
Source.
1993, 315:1. 2000, 161:5, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-g - Bank Holding Companies.

383:9-g Bank Holding Companies. –
The bank commissioner shall also have general supervision of a corporation, partnership, limited partnership, limited liability company, limited liability corporation, business trust, or any other form of business entity organized under the laws of any jurisdiction which (i) beneficially owns, controls or holds the power to vote 25 percent or more of the voting stock of any federally chartered or state-chartered bank, commercial bank, savings bank, trust company, building and loan association, savings and loan association, cooperative bank, or similar banking organization doing business in the state of New Hampshire or (ii) possesses the power to control or controls the election of a majority of the directors of any such banking organization. For purposes of this section, such a business entity shall be referred to as a bank holding company. If a bank owns or controls another bank in the same manner as a bank holding company, it shall be deemed to be a bank holding company itself. The commissioner may require any bank holding company to furnish whichever reports the commissioner deems appropriate to the proper supervision of such bank holding company. Unless the commissioner determines otherwise, reports prepared for federal authorities may be submitted by such bank holding company in satisfaction of the requirements of this section. If such information and reports are inadequate in the commissioner's judgment for that purpose, the commissioner may examine such bank holding company and any of its subsidiaries doing business in New Hampshire. The proper charges which are incurred by reason of any such examination, including, but not limited to, examiner salaries and the benefits portion of such salaries, transportation, meals, lodging, and other associated costs, shall be paid by the bank holding company examined.
Source.
1995, 304:3. 1997, 194:1, eff. June 18, 1997.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-h - Repealed by 2015, 272:52, I, eff. Oct. 1, 2015.

383:9-h Repealed by 2015, 272:52, I, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-i - Repealed by 2015, 272:52, II, eff. Oct. 1, 2015.

383:9-i Repealed by 2015, 272:52, II, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:9-j - Repealed by 2015, 272:52, III, eff. Oct. 1, 2015.

383:9-j Repealed by 2015, 272:52, III, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10 - Repealed by 2015, 272:52, IV, eff. Oct. 1, 2015.

383:10 Repealed by 2015, 272:52, IV, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-a - Accountants or Experts.

383:10-a Accountants or Experts. –
Whenever he or she considers it necessary the commissioner may engage the services of one or more outside accountants or other experts to perform an audit or such further examination as he or she deems necessary, except that the engagement of legal services shall be with the approval of the attorney general. The compensation and expenses of each outside accountant or other expert shall be a charge against the examined entity and shall be paid directly by that entity.
Source.
1959, 199:7. 1991, 84:2. 2015, 272:10, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-b - Confidential Information.

383:10-b Confidential Information. –
All records of the department's investigations, examinations, visitations, and reports produced by those investigations, examinations, and visitations including any duly authenticated copy of those records in the possession of any entity under the supervision of the commissioner, shall be confidential, shall not be subject to RSA 91-A, shall not be subject to subpoena and shall not be made public unless, in the judgment of the commissioner, the ends of justice and the public advantage will be served by the publication of those records. The commissioner may disclose to federal and state supervisory authorities and to independent insuring funds which he or she deems qualified such information and reports relating to the entities under his or her supervision as he or she deems best. The commissioner may also furnish to any government sponsored bank created under the Federal Home Loan Bank Act, or any authorized agent thereof, copies of reports of examination concerning any bank or credit union that is a member of such government sponsored bank, as required for the evaluation of the financial condition of the member bank or credit union. The commissioner may share information with state and federal regulators, and may share information with law enforcement agencies for the purpose of criminal investigations. On motion for discovery filed in any court of competent jurisdiction, in aid of any pending action, the court, after hearing the parties, may order the production of those records for use in that action whenever it is found that justice so requires, subject to such reasonable safeguards imposed by the court as may be necessary to prevent use by unauthorized persons or publicity of irrelevant portions of those records.
Source.
1965, 52:1. 1983, 194:1. 2015, 272:11, eff. Oct. 1, 2015. 2018, 184:3, eff. Aug. 7, 2018. 2019, 168:5, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-c - Repealed by 2015, 272:52, V, eff. Oct. 1, 2015.

383:10-c Repealed by 2015, 272:52, V, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-d - Consumer Complaints and Restitution.

383:10-d Consumer Complaints and Restitution. –
The commissioner shall have exclusive authority and jurisdiction to investigate conduct that may violate any of the provisions of RSA 361-A, RSA 361-E, and Titles XXXV and XXXVI and administrative rules adopted thereunder. The commissioner may hold hearings relative to such conduct and may order restitution for a person or persons adversely affected by such conduct. The commissioner may request the assistance and services of the department of justice and shall delegate to the department of justice the authority to investigate criminal conduct under this section. The commissioner shall provide the department of justice information relevant to the criminal investigation of such matters, if applicable, and shall cooperate with such investigation and prosecution. The commissioner may also share information with state and federal regulators, and may share information with law enforcement agencies for the purpose of criminal investigations.
Source.
1985, 55:6. 2004, 210:2. 2014, 153:1, eff. Jan. 1, 2015. 2019, 36:3, eff. May 15, 2019; 168:6, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-e - Confidentiality of Consumer Complaints.

383:10-e Confidentiality of Consumer Complaints. –
The commissioner may disclose to the public the number and type of complaints and disposition of complaints filed by consumers against a particular person or entity; provided, however, that no such disclosure shall abridge the confidentiality of consumer complaints or inquiries.
Source.
1994, 250:1. 2015, 272:12, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-f - Consumer Complaint Administrator.

383:10-f Consumer Complaint Administrator. –
The commissioner shall annually designate one person from within the banking department who shall administer and coordinate the commissioner's response to consumer complaints concerning conduct in trade or commerce licensed or regulated under Title XXXV, Title XXXVI, RSA 361-A, or RSA 361-E or conduct which is alleged to be an unfair or deceptive practice under the provisions of RSA 383:10-d.
Source.
2004, 210:1, eff. Aug. 10, 2004. 2019, 36:4, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-g - Privileges Not Affected by Disclosure.

383:10-g Privileges Not Affected by Disclosure. –
Notwithstanding the exceptions to confidentiality in RSA 383:10-b, the submission of any information to any federal banking agency, state banking department, or foreign banking authority for any purpose in the course of any supervisory or regulatory process shall not be construed as waiving, destroying, or otherwise affecting any privilege such person may claim with regard to any information under federal or state law as to any person other than such agency, department, or authority.
Source.
2013, 238:1, eff. Sept. 13, 2013.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:10-h - Unfair or Deceptive Act or Practice.

383:10-h Unfair or Deceptive Act or Practice. –
I. No person engaging in trade or commerce, including without limitation, any business, activity, or transaction, that is subject to the jurisdiction of the bank commissioner may act in a manner that is or may be an unfair method of competition or an unfair or deceptive act or practice under RSA 358-A:2.
II. The commissioner shall have exclusive authority and jurisdiction to investigate conduct that is or may be an unfair method of competition or an unfair or deceptive act or practice under paragraph I, and may bring an administrative action to enforce such provisions as follows:
(a) Any person who violates paragraph I, may, upon notice and opportunity for hearing, and in addition to any such other penalty provided for by law, be subject to suspension, revocation, or denial of any registration, license, or charter, including forfeiture of any application fee, and may be ordered to provide restitution for a person or persons adversely affected by such conduct.
(b) Each method, act, or practice specified shall constitute a separate violation without regard to the number of persons affected thereby.
(c) The commissioner may authorize, with or without prior administrative action, the department of justice to file a civil enforcement action that alleges any unfair method of competition or any unfair or deceptive act or practice under this section. The court may apply any of the remedies allowed under RSA 358-A:4, III.
(d) Any person who knowingly violates paragraph I, shall be guilty of a misdemeanor for each violation if a natural person, or guilty of a felony if any other person. The commissioner shall delegate to the department of justice the authority to investigate criminal conduct under this section, shall provide the department of justice information relevant to the criminal investigation and prosecution of such matters, and shall cooperate with such investigation and prosecution.
Source.
2014, 153:2, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:11-a - Contract Services.

383:11-a Contract Services. –
The commissioner shall be authorized to enter into contracts with federal regulatory and insuring agencies to perform examinations of financial institutions, or to provide other services, and to receive monetary reimbursement for the costs incurred in providing such contract services. Contracts for services to be provided by the banking department under this section shall be reviewed and approved as to proper legal form by the department of justice. Sums collected for contracted services under this section shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the bank commissioner.
Source.
1991, 84:4, eff. July 12, 1991.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:12 - Oaths.

383:12 Oaths. –
The commissioner, the deputy commissioner, or any of the examiners may summon and examine under oath by him administered any officer, agent, or servant of any such institution or any other person in relation to the affairs and condition of the institution.
Source.
RS 140:24. GS 152:6. GL 166:6. PS 162:7. 1925, 143:9. PL 259:9. RL 307:10. RSA 383:12. 1959, 199:8, eff. July 23, 1959.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:13 - Repealed by 2015, 272:52, VI, eff. Oct. 1, 2015.

383:13 Repealed by 2015, 272:52, VI, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:13-a - Repealed by 2015, 272:52, VII, eff. Oct. 1, 2015.

383:13-a Repealed by 2015, 272:52, VII, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:14 - Repealed by 2015, 272:52, VIII, eff. Oct. 1, 2015.

383:14 Repealed by 2015, 272:52, VIII, eff. Oct. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:15 - Commissioner's Reports.

383:15 Commissioner's Reports. –
The commissioner shall file with the governor and council his or her annual report, which shall contain information concerning each entity under the commissioner's supervision. The report shall also give the names of the officers of the banks, credit unions, and trust companies and such other information as he or she may deem necessary. The commissioner shall make such recommendations therein as he or she thinks will promote the public good.
Source.
RS 140:22. GS 152:5. 1869, 4:9. GL 166:5. PS 162:9. 1897, 77:2. 1921, 67:1. 1925, 143:11. PL 259:11. RL 307:13. 1949, 20:1. 1973, 140:31. 2003, 165:4. 2015, 272:15, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:16 - Irregularities.

383:16 Irregularities. –
If the commissioner, deputy commissioner, or any examiner shall make a false statement of the condition of any institution with the intent to deceive, or shall intentionally fail when examining any institution to make a prudent and careful examination of appropriate scope based on the size, complexity, and the risk profile of the institution, he or she shall be guilty of a class B felony.
Source.
1881, 103:1. PS 162:10. 1925, 143:12. PL 259:12. RL 307:14. RSA 383:16. 1959, 199:9. 1973, 528:264, eff. Oct. 31, 1973 at 11:59 p.m. 2019, 168:8, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:17 - Disposal of Papers.

383:17 Disposal of Papers. –
The commissioner may destroy any records, reports, or miscellaneous papers filed in his office which, in his opinion, are no longer of any value to the state.
Source.
1945, 40:1. 2004, 231:14, eff. June 11, 2004.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:18 - Printing of Laws.

383:18 Printing of Laws. –
The commissioner may have printed separate copies of the banking laws whenever, in his opinion, such copies are necessary.
Source.
1953, 46:1, eff. Mar. 18, 1953.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:19 - Repealed by 1985, 55:25, I, eff. Apr. 23, 1985.

383:19 Repealed by 1985, 55:25, I, eff. Apr. 23, 1985. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:20 - Repealed by 1985, 55:25, II, eff. Apr. 23, 1985.

383:20 Repealed by 1985, 55:25, II, eff. Apr. 23, 1985. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:21 - Repealed by 1985, 55:25, III, eff. Apr. 23, 1985.

383:21 Repealed by 1985, 55:25, III, eff. Apr. 23, 1985. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:22 - to 383:24 Repealed by 2023, 36:3, I-III, eff. July 16, 2023.

383:22 to 383:24 Repealed by 2023, 36:3, I-III, eff. July 16, 2023. –
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 383 - Bank Commissioner › Section 383:25 - Board of Trust Company Incorporation Decisions.

383:25 Board of Trust Company Incorporation Decisions. –
Each decision or act of the board of trust company incorporation shall maintain the same force and effect as when such decision was issued or act was taken, except to the extent otherwise provided under this title. Any charter granted or amended by the board of trust company incorporation, with all rights, obligations, and interests vested or accrued thereunder shall remain in effect according to its terms, and shall continue to be subject to and governed by the provisions of this title.
Source.
2013, 56:46, eff. July 4, 2013.
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:1-101 - Short Title.

383-A:1-101 Short Title. –
This chapter shall be known and cited as the "Bank and Credit Union 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-A - Bank and Credit Union Regulatory and Enforcement › Section 383-A:1-102 - Scope.

383-A:1-102 Scope. –
Articles 1, 2, 4, 5, 6, and 7 of this chapter apply to state banks and credit unions, except as otherwise expressly provided. Article 3 of this chapter applies only to state banks. In addition, depository banks are governed by RSA 383-B, trust companies are governed by RSA 383-C, family trust companies are governed by RSA 383-D, and credit unions are governed by RSA 383-E. Article 6 of this chapter also applies to banks and bank holding companies involved in an act or transaction with a state bank or credit union requiring the filing of a notice or an application with 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:1-103 - Reservation of Power to Amend or Repeal.

383-A: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-A - Bank and Credit Union Regulatory and Enforcement › Section 383-A:1-104 - Commissioner.

383-A: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.
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:3-301 - Organization of Banks.

383-A:3-301 Organization of Banks. –
This article shall govern the organization of state banks. The commissioner may adopt rules relating to the forms and procedures related to the organization of state banks, amendment of their charters and the use of names 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:3-302 - Organizer.

383-A:3-302 Organizer. –
In the case of a state bank to be incorporated as a corporation, the organizer shall be the person or persons who will be the incorporator or incorporators of the corporation for purposes of the Corporation Act. In the case of a state bank to be organized as a limited liability company, the organizer shall be the person or persons who will be an authorized person or persons for purposes of the LLC 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-A - Bank and Credit Union Regulatory and Enforcement › Section 383-A:3-303 - Type of Entity; Conversion.

383-A:3-303 Type of Entity;  Conversion. –
(a) A state bank may be organized as a corporation under the Corporation Act or as a limited liability company under the LLC Act. A depository bank organized as a corporation may elect benefit corporation status in accordance with the New Hampshire Benefit Corporation Act.
(b) A state bank organized as a corporation may convert to a limited liability company in accordance with the Organizations Acts. A state bank organized as a limited liability company may convert to a corporation in accordance with the Organizations Acts.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2021, 51:10, eff. July 24, 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:3-304 - Organizational Instrument; Name.

383-A:3-304 Organizational Instrument;  Name. –
(a) The organizational instrument shall comply with the requirements of the Corporation Act if the state bank is organized as a corporation or the LLC Act if the state bank is organized as a limited liability company. In addition to the information required by the applicable Organizations Act, the organizational instrument shall set forth (i) the state bank's powers, (ii) a statement describing any limitation on its powers, (iii) if there is any limit on transferability of shares or ownership interests, a statement that the limitation shall exclude any transfer required by lawful order of the commissioner, and (iv) any additional information or statements that the commissioner may require as a condition of the state bank's charter.
(b) The organizer or any person seeking to file an application to organize a state bank may reserve a name for the bank by requesting approval from the commissioner. If the commissioner approves of the name, then the reserved name may be filed with the secretary of state, together with a fee charged by the secretary of state for the filing of a corporate or limited liability company name reservation. If an application to organize a state bank is filed with the commissioner, then the secretary of state shall reserve the name for the exclusive use of the organizer for the duration of the proceedings. If the organizer abandons the application or the commissioner denies the application, then the organizer shall cancel the name reservation by filing with the secretary of state a notice of cancellation. The state bank shall not have or use a name that is likely to mislead the public concerning the nature or scope of its powers or purposes. The state bank shall not have or use a name that is the same or confusingly similar to the name of another entity, unless the commissioner and the other entity consent to the state bank's use of that name.
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:3-306 - Investigative Powers.

383-A:3-306 Investigative Powers. –
For the purpose of any investigation or examination under RSA 383-A, RSA 383-B, RSA 383-C, and RSA 383-D, the commissioner shall have the power to subpoena witnesses and administer oaths in any adjudicative proceedings and the power to compel, by subpoena duces tecum, the production of all books, records, files, and other documents and materials relevant to his or her investigation or examination.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2019, 168:21, eff. July 10, 2019 at 12:01 a.m; 169:3, 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:3-307 - Hearing.

383-A:3-307 Hearing. –
The commissioner may order within his or her discretion a public hearing on the application. The commissioner may approve or deny the application with or without a public hearing. Any required public hearing shall be held at the time and place fixed by the commissioner and a notice of the hearing shall be published in accordance with RSA 91-A.
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:3-308 - Action on Application.

383-A:3-308 Action on Application. –
(a) If the commissioner determines that the application meets all of the requirements of this chapter and other applicable federal and state laws, then the commissioner shall grant a charter to the state bank by (i) issuing a notice of approval of the organization of the state bank, subject to the terms and conditions as determined by the commissioner, and (ii) endorsing the state bank's organizational instrument to indicate the commissioner's approval.
(b) If the application is denied, then it shall be dismissed. After an application's dismissal, no new application concerning the same proposal may be filed within one year thereafter, unless, in his or her discretion for good cause shown, the commissioner consents to the filing of the new application.
(c) If the commissioner determines that the application does not satisfy the standards in subsection (a), but could satisfy the standards if the application were revised, then he or she shall so notify the organizer, and the organizer may refile the application under RSA 383-A:6-602.
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:3-309 - Record of Organizational Instrument.

383-A:3-309 Record of Organizational Instrument. –
Within 90 days after the grant of the charter, the organizer shall file with the secretary of state the executed organizational instrument bearing the commissioner's endorsement. The secretary of state, upon payment of a fee equal to the fee charged by the secretary of state to business corporations under the Corporation Act if the state bank is organized as a corporation or the fee charged to limited liability companies under the LLC Act if the state bank is organized as a limited liability company, shall cause the charter to be recorded.
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:3-310 - Certificate of Organization.

383-A:3-310 Certificate of Organization. –
Upon filing a state bank's charter under RSA 383-A:3-309, the secretary shall issue a certificate of organization in the following form:
STATE OF NEW HAMPSHIRE
Be it known, that whereas (the name or names of the organizer of the state bank) (has or have) the intention of forming a bank under the name of (the name of the state bank), for the purpose (the purpose declared in the organizational instrument,) and (has or have) complied with the provisions of the statutes of this state as duly approved by the commissioner and recorded in this office: Now, therefore, I (the name of the secretary), secretary of state, do hereby certify that the (the name the state bank), is legally organized and established as an existing bank, with the powers, rights and privileges, and subject to the limitations, duties, and restrictions, which by law appertain thereto.
Witness my official signature hereunto subscribed, and the seal of the state hereunto affixed, this __________ day of __________ in the year __________ (the date of the filing of the organizational instrument).
The secretary of state shall sign the certificate of organization and cause the seal of the state to be affixed to the certificate, and the certificate shall have the force and effect of a special charter.
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:3-311 - Certificate or Record as Evidence.

383-A:3-311 Certificate or Record as Evidence. –
Upon filing a state bank's charter under RSA 383-A:3-309, the secretary of state shall also cause a record of the certificate of organization to be made, and the certificate, or a record or a certified copy of the certificate, shall be conclusive evidence of the existence of the state bank.
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:3-312 - When Organized; Beginning Business.

383-A:3-312 When Organized;  Beginning Business. –
The existence of the state bank shall begin upon the filing of the organizational instrument with the secretary of state. Any state bank organized under this chapter shall complete its organization and obtain a certificate to engage in business under RSA 383-A:3-315 within 2 years from the date of its organization; otherwise its charter shall be void, unless the commissioner, for good cause shown, grants one extension for not more than one year.
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:3-313 - Charter Rights; Liability.

383-A:3-313 Charter Rights;  Liability. –
(a) Following the approval of the application by the commissioner and the filing of the organizational instrument with the secretary of state, the organizer of a state bank shall hold the rights to the charter.
(b) The organizer and all persons purporting to act as or on behalf of a state bank shall be personally, jointly, and severally liable for any liability created on behalf of the state bank before the filing of the state bank's organizational instrument with the secretary of state.
(c) The organizer and all other persons purporting to act as or on behalf of a state bank before the commissioner issues a certificate to the state bank authorizing it to begin the transaction of business under RSA 383-A:3-315 shall be personally, jointly, and severally liable for all liabilities in connection with engaging in any unauthorized banking business.
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:3-314 - Completion of Organization.

383-A:3-314 Completion of Organization. –
The organizer shall submit evidence to the commissioner that it has (i) adopted bylaws if a corporation or an operating agreement if an LLC, (ii) elected or caused to be elected, the directors and officers required by its organizational documents, and (iii) satisfied all other requirements of the charter.
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:3-315 - Authorizing Business.

383-A:3-315 Authorizing Business. –
Upon receipt of the information described in RSA 383-A:3-314, the commissioner shall cause an examination to be made. If the commissioner determines that all requirements of the approval have been satisfied, then the commissioner shall issue a certificate authorizing the state bank to begin the transaction of business. The cost of the examination shall be paid by the state bank.
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:3-316 - Amendment of Organizational Instrument.

383-A:3-316 Amendment of Organizational Instrument. –
(a) Except as provided in subsection (b), a state bank that intends to amend its organizational instrument shall file with the commissioner an application to do so under RSA 383-A:6-602 and ask for approval of the amended organizational instrument based on the considerations set forth in RSA 383-A:3-305(d), as applicable.
(b) In the case of a change of a registered office or registered agent, the state bank shall file a statement of change with the secretary of state in the manner required by the applicable Organizations Act, and it shall file a copy with 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:3-317 - Procedure for Filing Amended Organizational Instrument; Effect.

383-A:3-317 Procedure for Filing Amended Organizational Instrument;  Effect. –
If the application for amendment of an organizational instrument of a state bank is approved by the commissioner, then the state bank shall file with the secretary of state the approved amendment, certified by the secretary of the state bank, with the approval of the commissioner endorsed on the amendment, and pay the fee charged by the secretary of state under the applicable Organizations Act. The secretary of state shall cause the amendment bearing the commissioner's endorsement to be recorded and shall issue a certificate of the amended organizational instrument, which shall conform as nearly as may be to the form prescribed in RSA 383-A:3-310. The state bank shall have all the powers and privileges provided for by the amended organizational instrument.
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:3-318 - Material Change in Operating Conditions.

383-A:3-318 Material Change in Operating Conditions. –
If a board of directors of a depository bank proposes to make a material change in the business plan, capital plan, or other factors considered by the commissioner in granting a charter to the depository bank within 5 years of its receipt of a certificate to engage in business under RSA 383-A:3-315, then the board of directors may not make the change unless it submits an application seeking approval of the change to the commissioner as provided in RSA 383-A:6-602 and it is permitted to do so by the commissioner.
Source.
2015, 272:16, eff. Oct. 1, 2015. 2017, 209:5, eff. Sept. 8, 2017. 2019, 169:4, 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:3-319 - Rules of Construction; Procedural Requirements Regarding Filings.

383-A:3-319 Rules of Construction;  Procedural Requirements Regarding Filings. –
(a) The applicable Organizations Act shall govern the internal affairs of state banks, except that, if there are any conflicts or inconsistencies under an Organizations Act with the provisions of the Banking Acts, the applicable provisions of the Banking Acts shall prevail.
(b) Except as provided in subsection (c) or RSA 383-A:3-316(b), all documents that may be filed or are required to be filed with the secretary of state under an Organizations Act shall be filed first with the commissioner. The commissioner shall review the documents and may give his or her approval to them subject to reasonable conditions that he or she may impose. Any documents so approved by the commissioner shall be then filed with the secretary of state in conformity with the applicable Organizations Act.
(c) A state bank organized as a corporation is exempt from filing annual reports and from administrative dissolution under the Corporation Act, and a state bank organized as a limited liability company is exempt from filing annual reports and from administrative dissolution under the LLC 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-A - Bank and Credit Union Regulatory and Enforcement › Section 383-A:3-320 - Names Relating to State Banks.

383-A:3-320 Names Relating to State Banks. –
Any state bank that intends to use a name in the conduct of its business that differs from the name of the state bank shall be required to obtain the approval of the use of the name from the commissioner before registering the name with the secretary of state. The approval shall accompany an application to register the name with the secretary of state. A state bank shall not have or use a name that is likely to mislead the public concerning the nature or scope of its powers or purposes.
Source.
2015, 272:16. 2016, 230:10, eff. Aug. 8, 2016.
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:4-401 - Capital, Fidelity Bond, and Insurance Requirements.

383-A:4-401 Capital, Fidelity Bond, and Insurance Requirements. –
This article sets forth the capital, fidelity bond, and errors and omissions insurance requirements for state banks and credit unions. The commissioner shall have the power to adopt rules relating to the type and amount of capital, fidelity bond, and insurance to meet the requirements of 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:4-402 - Capital Maintenance.

383-A:4-402 Capital Maintenance. –
After it is organized, a state bank shall maintain a minimum level of capital required by the commissioner to operate in a safe and sound manner based upon his or her examination of the bank. The commissioner may require any state bank to increase its capital from time to time as may be necessary for its safe and sound operation. A board of directors may increase the capital of the state bank at any time and shall give notice to the commissioner of any increase within 30 days of receiving the additional capital. The board of directors of a state bank may not reduce its capital, unless it files an application for approval of the proposed change to the commissioner as provided in RSA 383-A:6-602 and it is permitted to do so by the commissioner.
Source.
2015, 272:16, eff. Oct. 1, 2015.