New Hampshire Administrative Code

The banking division, headed by the director of banking, shall conduct: (a) Supervision and examinations of each state-chartered financial institution; (b) Reviews of applications, notices, and other requests for business activity; and (c) Other regulatory functions required to s…

The trust division, headed by the director of trusts, shall conduct: (a) Examinations of each state-chartered trust company and family trust company; (b) Reviews of applications, notices, and other requests for business activity related to public and family trust companies; and (…

The consumer credit division, headed by the director of consumer credit, shall conduct: (a) Examinations of each consumer credit licensee of the department; (b) Reviews of licensing applications of consumer credit entities; and (c) Other regulatory functions required to supervise…

The legal division, headed by the general counsel, shall: (a) Investigate, mediate, and resolve consumer complaints against institutions under the supervision of the commissioner; (b) Provide legal support for administrative actions taken by the department, and prosecute and take…

The operations division, headed by the director of operations, shall coordinate the following functions: (a) Accounting, purchasing, and budget control; (b) Personnel management; (c) Property and contract management; and (d) Assistance to the commissioner with short and long rang…

(a) The department's office is: (1) Located at: 53 Regional Drive, Suite 200 Concord, New Hampshire; and (2) Open to the public between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday, except state of New Hampshire holidays. (b) The department's mailing address is: Ne…

For purpose of this part, "New Hampshire banking department records" means governmental records as defined in RSA 91-A. Notes N.H. Admin. Code § Ban 104.01 #10258, eff 1-24-13 Amended by Number 46, Filed November 14, 2024, Proposed by #14096, Effective 10/5/2024 (formerly Ban 103…

(a) The commissioner's annual report and other department information shall be available at www.banking.nh.gov/forms-publications/annual-reports-commissioner. (b) The department's administrative rules shall be available for examination at: (1) The department's office; and (2) The…

(a) Persons seeking department records shall request the information in a manner that would give the department notice with reasonable specificity of what records the requestor is seeking. (b) A request for department records may be delivered to the department: (1) In person; (2)…

(a) The department shall respond to all requests for records as soon as practicable and in accordance with RSA 91-A. (b) When inspection of publicly available records is not immediately feasible, the requesting party and the department shall agree upon a mutually convenient time …

This part imposes requirements for fidelity bond coverage to indemnify New Hampshire chartered financial institutions against losses resulting from dishonest or fraudulent acts of officers, employees and agents of the institution, and acts such as robbery, burglary or forgery by …

(a) "Bank" means a New Hampshire chartered: (1) Guaranty savings bank; (2) Mutual savings bank; (3) Merchant bank; (4) Cooperative bank; (5) Building and loan association; (6) Savings and loan association; (7) Commercial bank; or (8) Trust company with depository powers. (b) "Cre…

(a) Banks, credit unions and nondepository trust companies shall: (1) Obtain fidelity bond coverage at the time the institution is authorized by the commissioner to transact business; and (2) Maintain such coverage at all times while it remains in operation. (b) Fidelity bond cov…

(a) The board of directors, managers or trustees of the bank or nondepository trust company shall determine the amount of fidelity bond coverage, premised upon consideration of relevant factors, including, but not limited to, the following: (1) Internal auditing safeguards employ…

(a) Credit unions shall obtain and maintain fidelity bond coverage in compliance with the minimum amounts required in the National Credit Union Administration Regulation Part 713 as amended May 13, 2008. (b) The maximum amount of deductibles allowed to a credit union shall: (1) B…

(a) Fidelity bonds shall include provisions requiring the surety to give written notice to the commissioner:(1) Ten days in advance of the cancellation or termination of a bond when such bond is cancelled or terminated in its entirety; and (2) Immediately when such bond is cancel…

(a) Banks, nondepository trust companies and credit unions shall give written notice to the commissioner within 10 days of the following changes in fidelity bond coverage:(1) Type of coverage; (2) Increase in coverage; (3) Decrease in coverage if the decrease equals less than 25 …

(a) Banks, nondepository trust companies and credit unions shall submit a written request for commissioner approval at least 30 days in advance of a proposal to reduce fidelity bond coverage by 25 percent or more of the total aggregate amount of the coverage. (b) The commissioner…

(a) The board of directors, managers or trustees of a bank, nondepository trust company or credit union, shall, at least annually, review in detail the fidelity bond coverage in force in order to ensure such coverage meets the requirements of Ban 1104.04(a). (b) Documentation of …

A bank, nondepository trust company or credit union may maintain additional fidelity bond coverage through the use of endorsements, riders or other forms of supplemental coverage. Notes N.H. Admin. Code § Ban 1104.10 #6536, eff 7-2-97, EXPIRED: 7-2-05 New. #9767, eff 8-21-10

(a) An agent appointed by the bank, nondepository trust company or credit union, the agent may provide a fidelity bond in an amount at least twice the average monthly collections of such agent, provided:(1) Such agent makes settlement with the bank, nondepository trust company or…

Notes N.H. Admin. Code § Ban 1105.01 1105.03 #4100, eff 7-24-86, EXPIRED: 7-2-90 New. #6311, eff 8-3-96, EXPIRED: 8-3-04

Notes N.H. Admin. Code § Ban 1105.04 #4717, eff 12-6-89, EXPIRED 12-6-95 New. #6311, eff 8-3-96, EXPIRED: 8-3-04

Notes N.H. Admin. Code § Ban 1106.01 #5011, eff 11-28-90; ss by #6312, eff 8-3-96, EXPIRED: 8-3-04

(a) A state credit union seeking to amend its bylaws shall file an application with the commissioner in writing requesting authorization to amend by providing: (1) A certified copy of the current bylaws conspicuously labeled "Current Bylaws"; (2) An annotated copy of the proposed…

(a) An application seeking to amend bylaws by expanding the qualifications for membership shall provide parameters limiting the qualifications so that the membership is no larger than:(1) Individuals who live, work, worship, or attend school in the state of New Hampshire; or (2) …

The purpose of this rule is to identify and classify by risk those securities that are appropriate for the collateralization of public funds. Notes N.H. Admin. Code § Ban 1450.01 #5465, eff 9-8-92, EXPIRED: 9-8-98 New . #6961, eff 3-25-99, EXPIRED: 3-25-07 New. #9187, eff 6-24-08…

(a) "Nationally Recognized Statistical Rating Organization (NRSRO)" means a nationally recognized statistical rating organization designated by the U.S. Securities and Exchange Commission. (b) "Public funds" means moneys belonging to or in an account of any public unit. (c) "Publ…

(a) If a public unit exercises the option to have its public funds secured by the pledge of securities, the value of securities pledged as collateral shall be equal to or in excess of the amount of public funds, less any portion thereof that is covered by federal deposit insuranc…

(a) All public obligations described in RSA 383-B:3-303(c), shall be appropriate and acceptable for the collateralization of public funds. (b) For purposes of RSA 383-B:3-303(c)(2), the following obligations shall be appropriate and acceptable for the collateralization of public …

(a) All bonds and notes authorized as legal investments for banks under RSA 383-B:303(d)(1), shall qualify as appropriate and acceptable collateral for public funds. (b) Notwithstanding the provisions of RSA 383-B:303(d)(1), convertible bonds not rated among the 3 highest ratings…

All collateral enumerated in Ban 1450.04 and Ban 1450.05 shall be identically classified as low risk collateral for public funds on deposit. Notes N.H. Admin. Code § Ban 1450.06 #6961, eff 3-25-99, EXPIRED: 3-25-07 New. #9187, eff 6-24-08, INTERIM, EXPIRED: 12-21-08 New. #9557, e…

Notes N.H. Admin. Code § Ban 1801.01 #4083, eff 7-7-86, EXPIRED: 7-7-92 New. #7486, eff 5-2-01, EXPIRED: 5-2-09 New. #9755, eff 7-16-10 Repealed by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12394, Effective 9/29/2017.

(a) A trust company that deposits securities with a clearing corporation, as defined in RSA 382-A:8-102(5), by physical delivery of certificates shall obtain a receipt from the clearing corporation for the securities delivered. (b) The receipt shall: (1) Be signed and dated by a …

Trust companies may deposit securities with clearing corporations located outside the state of New Hampshire. Notes N.H. Admin. Code § Ban 1802.02 #4083, eff 7-7-86, EXPIRED: 7-7-92 New. #7486, eff 5-2-01, EXPIRED: 5-2-09 New. #9755, eff 7-16-10

Notes N.H. Admin. Code § Ban 501.01 #1798, eff 8-23-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 501.02 #1798, eff 8-23-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 501.03 #1798, eff 8-23-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 502.01 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 502.02 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 502.03 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 502.04 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 502.05 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 502.06 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 503.01 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 503.02 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.

Notes N.H. Admin. Code § Ban 503.03 #1840, eff 11-2-81 Repealed by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12356, Effective 8/3/2017.