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

The commissioner shall incorporate in his annual report a statement showing the condition of any institution in his possession.

Records and papers preserved in the office of the bank commissioner and concerned with the liquidation of a bank, as provided for in this chapter, may be destroyed at the end of 10 years after such liquidation proceedings have been completed.

Whenever it appears to the commissioner that any institution to which this chapter applies reflects negative equity capital, as determined by the most recent report of examination conducted by the banking department or a federal deposit insuring agency, the commissioner may repre…

Upon taking possession of the property and business of any institution to which this chapter applies, the commissioner shall have authority to collect money due the institution and to do such other acts as are necessary to conserve its assets and business. He shall collect all de…

The commissioner shall make an inventory of the assets of the institution in duplicate, one to be filed in the office of the commissioner, and one in the office of the clerk of the superior court for the county in which the principal office of the institution is located.

The commissioner shall give notice of the fact that he has taken possession of the property and business of the institution to any and all banks, trust companies, associations and individuals holding or having possession of any assets of such institution.

No bank, trust company, association or individual, knowing that the commissioner has taken such possession, or having been notified thereof as aforesaid, shall have a lien or charge for any payment, advance or clearance thereafter made, or liability thereafter incurred, against a…

For the purpose of executing and performing the powers and duties hereby conferred upon him, the commissioner may, in the name of any such institution, prosecute and defend any legal proceedings, and may in the name of the institution execute, acknowledge and deliver any instrume…

The bank commissioner upon the application of the board of trustees or directors of any institution under his supervision, may regulate the time, amount, and manner of payment and withdrawal of all classes of deposits; the reception of all classes of deposits; the investment of a…

Notwithstanding any other provision of law, any institution under the supervision of the commissioner is authorized to exercise, with his approval, such power and do any and all things necessary to avail itself of the benefits of any act of Congress granting powers to or conferri…

If an institution is reorganized in an open-bank assistance transaction under 12 U.S.C. section 1823(c) or as it may be amended from time to time, no agreement, claim, counterclaim or defense involving the institution prior to its reorganization shall thereafter be valid against …

A majority of the stock or shareholders of any institution under the supervision of the commissioner by stock or share vote, or a majority of the corporation members of a mutual savings bank, may submit to the commissioner at any time a plan for reorganization of such institution…

Notwithstanding any other provision of law the stock or shareholders of any institution authorized by RSA 396:9 to issue preferred stock or shares, with or without conservatorship and with or without authorized issue of preferred stock or shares, with the approval of the commissi…

The provisions of this chapter shall not be construed to limit any other power conferred by law upon the bank commissioner.

Notice of any order of the commissioner made hereunder shall be sufficient if served on the treasurer or cashier or other person in charge of the business of the institution affected and on one other officer or a trustee or director thereof, but any order relating to the withdraw…

It shall be unlawful for any such institution or officer, trustee, director, or employee thereof having notice or knowledge of any such order to violate the provisions thereof.

No right of action by or for any party in interest, including persons under disability, shall lie at law or in equity for the recovery of any money or property in excess of that which may be paid or delivered by such institution under any such order. The assets of an institution,…

Whenever the commissioner shall deem it necessary in order to conserve the assets of any institution under his supervision for the benefit of the depositors and other creditors thereof, he may appoint a conservator of such institution and require of him such bond and security as …

The conservator shall have all the powers which could otherwise be exercised by the officers, trustees, and directors of such institution and whatever powers are necessary to carry out the provisions of this chapter, and he shall be subject to all the duties otherwise imposed upo…

The commissioner may remove a conservator at pleasure. He shall terminate such appointment when he deems the interest of the depositors and other creditors no longer requires conservatorship and permit such institution to resume the transaction of its business subject to such ter…

Any party in interest may apply in writing to the commissioner at any time for a change, cancellation, or termination of any order of regulation, appointment of conservator, or payment of compensation or expense during conservatorship, and the commissioner shall take such action …

Notwithstanding any other provision of law the stock or shareholders of any institution under the supervision of the commissioner, with or without conservatorship, having capital stock or shares, including certificates of ownership of capital, surplus and undivided profits or gua…

Whenever it shall appear to the governor that the welfare of the state or any section thereof, or the welfare and security of banks and other institutions under the supervision of the bank commissioner, hereinafter referred to as banks, or their depositors or shareholders so requ…

In this chapter: I. "Agent" means any individual, other than a mortgage banker, mortgage broker, or mortgage servicer who is employed or retained by a mortgage banker, mortgage broker, or mortgage servicer required to be licensed under this chapter, and who represents a mortgage …

I. No licensee shall conduct the business of a mortgage banker, mortgage broker, or mortgage servicer under a trade name or any other name different from the name stated in its principal office license or branch office license without immediately notifying the commissioner, who s…

I. A licensee who ceases to engage in the business of an originator, mortgage broker, mortgage banker, or mortgage servicer at any time for any cause shall file a request to surrender its license to the commissioner within 15 calendar days of such cessation and shall file such ad…

I. The licensee shall maintain such records as will enable the department to determine whether the licensee's business is in compliance with all applicable federal laws and regulations, the laws and rules of this state, and the orders of the commissioner. Records relating to tran…

I. The banking department may examine the business affairs of any licensee or any other person, whether licensed or not, as it deems necessary to determine compliance with this chapter and the rules adopted pursuant to it and with the Consumer Credit Protection Act, (15 U.S.C. 16…

I. In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing and except as otherwise provided in the S.A.F.E. Mortgage Licensing Act of 2008, Public Law 110-289, Title V, section 1512, the requirements under any federal law…

I. Each mortgage banker, mortgage broker, or mortgage servicer shall submit to the Nationwide Multistate Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Multistate Licensing System and Registry m…

I. Any first mortgage loan, other than a reverse mortgage, made under the provisions of this chapter shall provide for the computation of interest on a simple interest basis. II. Interest may be computed either on a 360-day basis with each month containing 30 days, or on a 365-da…

I. No licensee or other person shall advertise, print, display, publish, distribute, or broadcast or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any statement or representation with regard to the rates, terms, or cond…

A mortgage banker, mortgage broker, or mortgage servicer licensee shall comply with the provisions of RSA 477:52 relative to requirements for the funding of loans at real estate closings. At a minimum, a closing requires the delivery of a deed if the transaction is a conveyance, …

I. A borrower may pre-pay a first mortgage loan, in whole or in part, at any time. Partial prepayments of principal shall be applied on the due date of the next regularly scheduled payment. Prepayments in full ("payoff") shall be credited on the date received, except as provided …

I. Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified mail to the licensee for response within 10 days of receipt by the department. Licensees shall, within 1…

I. Mortgage bankers, mortgage brokers, or mortgage servicers may charge fees and points for services rendered in conjunction with the origination, closing, and servicing of loans. If any fee is collected in advance of the closing of the loan, the mortgage banker or mortgage broke…

I. The allowable rate of interest computed on the unpaid balance that any person may directly or indirectly charge, take, or receive for a second mortgage loan secured by property which is occupied in whole or in part at the time said loan is made as a home by any obligor on the …

I. The banking department may issue and serve upon any licensee or person over whom it has jurisdiction a complaint setting forth charges whenever the department is of the opinion that the licensee or person is violating or has violated any provision of this chapter or any rule o…

I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or suspended, or penalties imposed, or both, for violations of this chapter. II. …

I. The commissioner may issue a cease and desist order against any licensee or person who it has reasonable cause to believe is in violation of the provisions of this chapter or any rule or order under this chapter. The order shall give notice of the facts or conduct constituting…

I. This chapter shall provide for the department's regulation of persons that engage in the business of a mortgage banker, mortgage broker, mortgage servicer, or mortgage originator for a mortgage loan from the state of New Hampshire or a mortgage loan secured by real property lo…

During the period of any banking emergency so proclaimed, the bank commissioner, hereinafter called the commissioner, in addition to all other powers conferred upon him by law, shall have authority to order any one or more banks to restrict all or any part of their business and t…

I. Any person who violates any provision of this chapter shall be guilty of a misdemeanor for each violation if a natural person, or guilty of a felony if any other person. I-a. Any person who willfully violates any provisions of RSA 397-A:17, III or IV or a cease and desist orde…

The provisions of RSA 395 shall apply to all entities licensed under this chapter insofar as such provisions are applicable.

I. The commissioner shall administer and enforce the provisions of this chapter. II. Pursuant to RSA 541-A, the commissioner may adopt such rules as he or she deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions…