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

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…

I. In addition to or in lieu of interest at a periodic percentage rate or rates as provided in RSA 384-G:3 and RSA 384-G:4, a bank may, if the agreement governing the revolving credit plan so provides, charge and collect, as interest, in such manner or form as the plan may provid…

A deposit shall qualify as a special deposit if it is: I. A deposit of funds in a bank under an account agreement; II. For the benefit of at least 2 beneficiaries, one or more of which may be a depositor; III. Denominated in a medium of exchange that is currently authorized or ad…

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…

A bank may, if the agreement governing a revolving credit plan so provides, impose different terms (including, without limitation, the terms governing the periodic percentage rate or rates used to calculate interest, the method of computing the outstanding unpaid indebtedness to …

I. A special deposit shall serve at least one permissible purpose stated in the account agreement from the time the special deposit is created in the account agreement until termination of the special deposit. II. If, before termination of the special deposit, the bank or a court…

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…

If credit under a revolving credit plan is offered and extended in connection with a demand deposit account or other transaction account maintained by the borrower with a bank that is also a depository institution pursuant to an agreement or arrangement whereby such bank agrees t…

I. Unless the account agreement provides otherwise, the bank shall be obligated to pay a beneficiary if there are sufficient actually and finally collected funds in the balance of the special deposit. II. Except as provided in paragraph III, the obligation to pay the beneficiary …

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. Neither a depositor nor a beneficiary shall have a property interest in a special deposit. II. Any property interest with respect to a special deposit shall be only in the right to receive payment if the bank is obligated to pay a beneficiary and not in the special deposit its…

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,…

A bank may at any time and from time to time unilaterally extend to a borrower under a revolving credit plan the option of omitting monthly installments.

I. Subject to paragraph II, creditor process with respect to a special deposit shall not be enforceable against the bank holding the special deposit. II. Creditor process shall be enforceable against the bank holding a special deposit with respect to an amount the bank is obligat…

I. A bank may request but not require an individual borrower to be insured in respect of a revolving credit plan under a life, health, accident, health and accident or other credit or other permissible insurance policy, whether group or individual, and in the event that an indivi…

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…

Any bank or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing investments to itself as fiduciary, or to itself and others, as co-fiduciaries; and may, as such fiduciary or co-fiduciary, invest funds which it l…

Any such bank or trust company which is an affiliate of a bank holding company, as the term "affiliate" is defined by the federal Bank Holding Company Act of 1956, as amended, or of a savings and loan holding company as defined by the federal Savings and Loan Holding Company Act,…

Unless ordered by a court of competent jurisdiction the bank or trust company operating such common trust funds is not required to render a court accounting with regard to such funds; but it may, by application to the probate court in the county in which the bank or trust company…

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

This chapter may be cited as the Uniform Common Trust Fund Act.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end…

All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed.

This chapter shall take effect April 17, 1953, and shall apply to fiduciary relationships then in existence or thereafter established.

If any institution under the supervision of the bank commissioner shall refuse to permit an examination of its affairs by the commissioner, or to furnish the necessary facilities therefor, or shall violate its charter or any law of the state after having been notified in writing …

The commissioner may appoint agents to assist him to perform such duties connected with the business of such institutions as he may deem proper, and may procure such expert assistance and advice, or retain such of the officers or employees of such institution, as he may deem nece…

Upon petition by the bank commissioner for the state to the superior court, the court may authorize the commissioner to appoint as liquidating or receiving agent of the bank commissioner a federal agency having authority to act in such capacity, subject to consent of such federal…

The bank commissioner, upon the appointment of a federal agency as receiving or liquidating agent pursuant to RSA 395:10-a, shall have authority to issue an order waiving or suspending all laws, rules, practices and policies with respect to the authorization to commence or contin…

The commissioner shall not receive any extra compensation for his services.

The compensation of any agents, counsel, employees and assistants, and all expenses of supervision and liquidation, shall be fixed by the commissioner, subject to the approval of the court, and on notice to such institution, and upon the certificate of the commissioner, shall be …

The commissioner shall cause to be published weekly for 3 consecutive months, in such newspapers as he may direct, a notice calling on all persons who may have claims against such institution to present the same to the commissioner and to make legal proof thereof at a place and t…

If the commissioner doubts the justice and validity of any claim he may reject the same and serve notice of such rejection upon the claimant either by mail or in person. An affidavit of service of such notice, which shall be prima facie evidence thereof, shall be filed with the c…

An action upon the claim so rejected shall not be entertained unless brought within 6 months after such service.

Claims presented after the expiration of the time specified in the notice to creditors shall be entitled to share in the distribution only to the extent of the assets in the hands of the commissioner equitably applicable thereto.

Upon the expiration of the time fixed for the presentation of claims, the commissioner shall make in duplicate a full and complete list of the claims presented, including and specifying such claims as have been rejected by him. One of the said lists shall be filed in the office o…

Thereafter the commissioner shall make and file in said offices, at least 15 days before every application to the court for leave to declare a dividend, a supplementary list of the claims presented since the last preceding list was filed, including and specifying such claims as h…

At any time after the expiration of the date fixed for the presentation of claims, upon application of the commissioner, the court may authorize: I. Any person who holds a perfected security interest or a mortgage lien in assets of the insolvent or closed New Hampshire depository…

The court may issue an injunction prohibiting, as far as may be thought necessary, the transaction of any business of said institution and the commissioner shall cause the same to be served. Any justice of the superior court, upon petition and notice to the commissioner, may diss…

In the absence of an express written agreement to the contrary, any person paying to the depositor of a bank closed or in liquidation under this chapter or in any manner, a part or the whole of his deposit therein shall be subrogated to the rights of such depositor to receive div…

Objections to any claim not rejected by the commissioner may be made by any person interested by filing a copy of such objections with the commissioner, who shall present the same to the court at the time of the next application for permission to declare a dividend. The court to …

Whenever any institution of whose property and business the commissioner takes possession as aforesaid deems itself aggrieved thereby, it may at any time within 10 days thereafter apply to the court to discontinue further proceedings; and the court, after notice to the commission…

Whenever it appears to the commissioner advisable, or upon the petition of the trustees or directors of the institution, he may, with the approval of a justice of the superior court, reduce pro rata the deposit account of each depositor therein, whenever the value of its assets i…