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

A depository bank may convert into a national bank or federal savings bank. The conversion shall be governed by federal law and not the law of this state, except that the conversions shall be approved by a majority of the holders of each class of voting stock of an investor-owned…

(a) Before consummation of any proposed change of ownership of a trust company, the new owner or new owners of trust company equity shall file an application with the commissioner describing the proposed change of ownership of the trust company as required under RSA 383-A:6-602 a…

The commissioner may waive any provision of this article for good cause shown.

(a) Before consummation of any proposed change of control of a trust company, the trust company, either alone or with the acquirer or acquirers of control, shall file an application with the commissioner describing the proposed change of control of the trust company as required u…

A national bank or federal savings bank located in this state which follows the procedure prescribed by federal laws to convert into a depository bank, shall be granted a charter in this state if the commissioner finds that the bank meets the standards as to office location, capi…

After receipt of an application under RSA 383-C:8-801, RSA 383-C:8-802, or RSA 383-C:8-803 that is deemed substantially complete under RSA 383-A:6-603, the commissioner shall make a determination under RSA 383-A:6-604.

A mutual savings bank or mutual bank may convert to a credit union if the corporators of a mutual savings bank or the association members of a savings association approve the conversion by majority vote, or by a higher percentage if required by its organizational documents.

(a) If the proposed change would adversely affect the safety and soundness of the trust company, then the commissioner may make a decision under RSA 383-A:6-604 to disapprove a proposed change to a capital plan or business plan, a proposed change of ownership of a trust company, …

A converting bank shall apply to the commissioner for approval of its conversion proposal under RSA 383-A:6-602. If the commissioner permits it to do so under RSA 383-A:6-604, the converting bank may complete the proposed conversion, subject to other federal or state approvals. T…

The acquisition or transfer of the equity or indirect ownership of a trust company between entities under common control that are affiliated with the trust company, so that, after giving effect to the acquisition or transfer, the ultimate, indirect ownership of the trust company …

The commissioner may adopt rules governing the terms and conditions of conversions under this article.

If an interim entity is formed solely for the purpose of effecting a change in control of any trust company that is authorized to conduct trust business under a valid charter, the interim entity shall not be obligated to obtain a charter or authority to transact business as a sta…

A trust company shall submit an application in accordance with RSA 383-A:6-602 to seek the prior consent of the commissioner to modify any condition of a prior approval of a filing issued by the commissioner, including any condition imposed pursuant to RSA 383-A:3-308, RSA 383-A:…

I. The commissioner shall have general supervision of and shall conduct examinations of all state banks, trust companies, family trust companies, credit unions, and other entities licensed by the department as may be designated by law from time to time. The commissioner may also …

If the commissioner determines that the business of any trust company is being conducted in an unsafe or unsound manner, then the commissioner may appoint a conservator for the trust company under RSA 396 who shall immediately take charge of the operation of the trust company for…

In accordance with RSA 383-C:7-701 through RSA 383-C:7-703, a family trust company may open, close, or relocate any trust office at which it exercises trust powers or otherwise transacts business.

No credit union shall conduct any part of its operations at any branch office except as follows: (a) A credit union may establish one or more branch offices or acquire branch offices from any credit union in any location within the state or without the state consistent with the m…

This article sets forth enforcement and administrative authority of the commissioner under this chapter. The commissioner shall have the power to adopt rules relating to the forms and procedures related to proceedings under this article.

This article shall govern the combination and acquisitions of depository banks.

(a) A credit union may close a branch office upon the affirmative vote of a majority of its board of directors, but the closing shall not occur until the credit union has filed notice of the branch office closing with the commissioner under RSA 383-A:6-602. The credit union shall…

(a) If a depository bank proposes to combine with another depository bank, national bank, federal savings bank, or foreign bank, the banks shall apply to the commissioner for approval of the proposed combination as required under RSA 383-A:6-602 and may complete the combination i…

(a) If, in the opinion of the commissioner, any director or officer of a state bank or credit union has continued to violate any law relative to the state bank or credit union or has continued unsafe or unsound practices in conducting the business of the state bank or credit unio…

A credit union, federal credit union or foreign credit union that owns or operates an automated teller machine in this state shall be subject to RSA 383-B:7-705.

The combination of depository banks or the acquisition of an investor-owned depository bank by a New Hampshire bank holding company is required to be approved by a majority of the owners of the shares having a right to vote of an investor-owned depository bank, a majority of the …

(a) The commissioner may issue (i) an order to show cause why fines and penalties should not be applied, (ii) a cease and desist order, or (iii) both, in accordance with this provision to any person that is engaged or that has engaged in any violation of the Banking Acts or the C…

The bank resulting from a combination may change the name of the resulting bank. In such event, it shall comply with the requirements of RSA 383-A:3-316, if applicable.

I. Consumer complaints naming state banks or credit unions, which are filed in writing, shall be forwarded via electronic mail or certified mail to the state bank or credit union for response within 10 days of receipt by the department. Not later than 30 days following receipt of…

As part of the proceedings for the combination authorized by this article, the bank resulting from the combination shall be authorized to operate any branch office or other office of the other bank or banks acquired in the combination unless otherwise ordered by the commissioner.

No bank holding company shall directly or indirectly acquire ownership or control of any voting stock of a depository bank, national bank, or federal savings bank, and no depository bank shall combine with another depository bank or foreign bank, if upon making the acquisition th…

In any transaction involving the combination of any banks or bank holding companies, if one or more of such banks or bank holding companies is in such condition that the Federal Deposit Insurance Corporation or any other federal agency having supervisory authority over banks or b…

The commissioner may adopt rules governing the terms and conditions of acquisitions and combinations under this article.

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 Deposi…

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 su…

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 hig…

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 a…

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 s…

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 o…

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) bene…

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…

This chapter may be known and cited as the "Uniform Special Deposits Act".

I. This chapter shall be known and may be cited as the "New Hampshire International Banking Act." II. This chapter is intended generally to provide for state regulation of the participation by foreign banks in the financial markets of this state. III. Consistent with the federal …

A foreign bank, in order to procure a license under this chapter to establish and maintain a New Hampshire state branch or New Hampshire state agency shall submit an application to the commissioner, in a form prescribed by the commissioner in rules adopted pursuant to RSA 541-A. …

A court may enjoin, or grant similar relief that would have the effect of enjoining, a bank from paying a depositor or beneficiary only if payment would constitute a material fraud or facilitate a material fraud with respect to a special deposit.

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 l…

I. Except as provided in paragraph II or III, a bank shall not exercise a right of recoupment or set off against a special deposit. II. An account agreement may authorize the bank to debit the special deposit: (a) When the bank becomes obligated to pay a beneficiary, in an amount…

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, …