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…

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…

I. Unless otherwise provided in the account agreement, a special deposit shall terminate 5 years after the date the special deposit was first funded. II. Unless otherwise provided in the account agreement, if the bank cannot identify or locate a beneficiary entitled to payment wh…

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 resti…

The Uniform Commercial Code, RSA 382-A:9-101 to 382-A:9-628, and law governing consumer protection, law governing deposits generally, law related to escheat and abandoned or unclaimed property, and the principles of law and equity, including law related to capacity to contract, p…

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…

In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

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.

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…

This chapter shall apply to: I. A special deposit made under an account agreement executed on or after the effective date of this chapter; and II. A deposit made under an agreement executed before the effective date of this chapter, if: (a) All parties entitled to amend the agree…

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 charge…

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 …

The provisions of this chapter shall be severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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 cha…

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…

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 ou…

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…

A revolving credit plan between a bank and a borrower shall be governed by the laws of this state.

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…

In this chapter: I. "Account agreement" means an agreement that: (a) Is in a record between a bank and one or more depositors; (b) May have one or more beneficiaries as additional parties; and (c) States the intention of the parties to establish a special deposit governed by this…

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…

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…

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…

I. This chapter shall apply to a special deposit under an account agreement that states the intention of the parties to establish a special deposit governed by this chapter, regardless of whether a party to the account agreement or a transaction related to the special deposit, or…

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…

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…

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…