Title XXXV, Banks and Banking; Loan Associations; Credit Unions

I. No foreign bank which is licensed under this chapter to establish and maintain a New Hampshire state branch or New Hampshire state agency shall concurrently maintain a federal branch or federal agency in this state. II. No foreign bank which maintains a federal branch or feder…

I. Except as otherwise specifically provided in this subdivision or in rules or orders adopted by the commissioner, and notwithstanding any other law or rule of this state to the contrary, operations of a foreign bank at a New Hampshire state branch or New Hampshire state agency …

I. No foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency shall engage in fiduciary activities at such office unless such foreign bank shall have first obtained a certificate of authority from the commissioner to eng…

I. A New Hampshire state branch or New Hampshire state agency of a foreign bank licensed under this chapter may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans and other obligations as an agent for any depository institution affili…

I. No foreign bank shall establish or maintain a New Hampshire state representative office unless such foreign bank is licensed by the commissioner to maintain such a New Hampshire representative office. II. Nothing in paragraph I shall be deemed to prohibit a foreign bank which …

I. The application for a license to establish and maintain a New Hampshire representative office shall be in writing under oath and shall be in such form and contain such information as the commissioner may require by rule, adopted pursuant to RSA 541-A, or order. The application…

I. A foreign bank making an application for a license to establish and maintain a New Hampshire representative office shall deliver to the commissioner 2 duplicate originals of the foreign bank's application. II. The commissioner shall issue a license to a foreign bank to establi…

For purposes of this chapter: I. "Bank" means any bank as defined in: section 2(c) of the Bank Holding Company Act (12 U.S.C. section 1841(c)); section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(a)(1)), other than a branch of a foreign bank; or, as the c…

I. A foreign bank which is licensed to establish and maintain a New Hampshire representative office may, subject to such rules as the commissioner may adopt pursuant to RSA 541-A, engage in the following activities: (a) Solicitation for loans and in connection therewith the assem…

The commissioner, after notice and opportunity for a hearing, may revoke a license to establish and maintain a New Hampshire representative office if he or she finds: I. The foreign bank has violated any provision of this chapter or any other law or rule of this state; or II. Any…

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 post its license in a conspicuous place at such office.

No license issued by the commissioner in accordance with this chapter shall be transferable or assignable.

I. 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 file with the commissioner an instrument irrevocably appointing the commissioner and his or her successors in offic…

I. Service of any lawful process in any judicial or administrative proceeding against the foreign bank or any of its successors which arises out of the foreign bank's activities in this state shall be made on the commissioner by delivering to and leaving with him or her, or with …

A foreign bank which is licensed to maintain a New Hampshire state branch or New Hampshire state agency, whenever its articles of incorporation are amended, shall forthwith file with the commissioner a copy of such amendment duly authenticated by the proper officer of the country…

I. A foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency must secure an amended license if it changes its corporate name, changes the duration of its corporate existence, or desires to pursue in this state other or a…

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 file with the commissioner a notice, in such form and containing such information as the commissioner may prescribe by…

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 relocate any such office unless the foreign bank provides prior written notice to the commissioner and the commiss…

The commissioner is authorized and empowered to adopt rules, pursuant to RSA 541-A, and orders as the commissioner may deem necessary in order to perform his or her duties and functions under this chapter and to administer and carry out the provisions and purposes of this chapter…

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 …

I. The commissioner shall have all of the powers granted to him or her by the laws of this state to the extent appropriate to enable him or her to supervise each New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office. II. If, after notice a…

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 R…

The confidentiality provisions of RSA 383:10-b shall apply to reports of examinations under this chapter.

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 …

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 o…

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 off…

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.

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 b…

I. Each foreign bank which is licensed to establish and maintain a New Hampshire state branch or New Hampshire state agency shall hold in this state currency, bonds, notes, debentures, drafts, bills of exchange, or other evidences of indebtedness, including loan participation agr…

If any provision of this chapter or the application of such provision is found by any court of competent jurisdiction in the United States to be invalid as to any bank, bank holding company, foreign bank, or other person or circumstances, or to be superseded by federal law, the r…

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 co…

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 su…

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…

I. 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 establish and maintain a New Hampshire state branch or New Hampshire state agency and that it is necessary for the protection of the inter…

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…

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 provision…

This subdivision is generally intended to ensure that the laws and rules of this state applicable to the ownership and operations of New Hampshire banks, and interstate branches in this state of out-of-state banks do not discriminate against such banks that are owned or controlle…

I. Except as provided in paragraph II of this section: (a) The laws and rules of this state governing the acquisition or ownership of controlling or other interests in New Hampshire banks or in out-of-state banks seeking to establish and maintain one or more interstate branches i…

Notwithstanding any other provision of the laws and rules of this state, the citizenship and residency requirements otherwise applicable to members of the board of directors of any New Hampshire bank may, in the case of a New Hampshire bank which is a subsidiary or affiliate of a…

I. This subdivision shall be known and may be cited as the "New Hampshire Foreign Bank Office Act." II. Consistent with the federal International Banking Act, the Bank Holding Company Act, the Federal Deposit Insurance Act, and the Interstate Banking and Branching Efficiency Act,…

I. No foreign bank shall transact business in this state except at a New Hampshire state branch or New Hampshire state agency which it is licensed to establish and maintain pursuant to this chapter, and at which it conducts such activities as are permitted by this chapter. II. Pa…