BANKS AND BANKING; LOAN ASSOCIATIONS; CREDIT UNIONS
DEPOSITORY BANK ACT
(a) Each term defined in RSA 383-A shall have the same meaning for purposes of this chapter.
(b) For purposes of this chapter, the following definitions shall also apply.
(1) "Acquisition" or "acquire" means any act or action with respect to the ownership or control of a depository bank or the purchase of its assets and the assumption of its liabilities which would require the approval of a federal regulatory authority.
(2) "Branch office" means any place of business or mobile facility of a depository bank, other than its principal office, at which deposits are received, checks are paid, or loans are made, or payments on loans are received but shall not include a loan production office or an office that provides only administrative services or support for its banking business. The commissioner may define by rule which administrative services or support for a banking business would qualify for exemption from this definition and the procedure for requesting such exemption.
(3) "Capital and surplus" has the same meaning as the term is used in 12 U.S.C. section 32.
(4) "Closely related activity" means any activity that is part of a banking business, is closely related to a banking business, is convenient and useful to a banking business, is reasonably related to the operation of a bank or is financial in nature or incidental to the financial activity, as authorized under the Gramm-Leach-Bliley Act, 12 U.S.C. section 1811. Closely related activities include, but are not limited to, custodial services; services as a fiscal agent for the United States or any instrumentality of the United States or for this state or any instrumentality of this state; services as an agent for the purpose of issuing, registering, or countersigning certificates of stock, bonds, or other evidence of indebtedness of any entity or this state; business and professional financial services; data processing, courier and messenger services; credit-related activities; consumer financial services; real estate-related services; insurance and related services; securities brokerage; investment advice; securities underwriting; mutual fund activities; financial consulting; tax planning and preparation; community development; charitable activities; finder activities; and any activities reasonably related or incidental to these activities, subject to any limitations under federal or state laws. A closely related activity shall include any activity that may be authorized or permissible for a national bank, a federal savings bank, or any service corporation or subsidiary of a national bank or federal savings bank, including financial subsidiaries as defined in 12 U.S.C. section 24A and 12 C.F.R. section 5.39 to engage in under federal law; and any additional activities that the commissioner by rule or order determines to be a closely related activity.
(5) "Control" has the same meaning as the term is used in 12 U.S.C. section 1841(a).
(6) "Foreign bank" means:
(A) A national bank or a federal savings bank having its main office located in a state other than New Hampshire; or
(B) A foreign state bank.
(7) "Foreign bank holding company" means a bank holding company that owns or controls one or more depository banks and the largest amount of total deposits of these banks is located in a state other than New Hampshire.
(8) "Foreign mutual holding company" means a holding company organized under the laws of a state other than New Hampshire or under federal law as a mutual company.
(9) "Proprietary interest" means the inchoate interest of a depositor of a mutual bank or a subsidiary bank of a mutual holding company as described in RSA 383-B:6-606(a).
(10) "Subsidiary bank" means a depository bank that is owned or controlled by a bank holding company.
Source. 2015, 272:16, eff. Oct. 1, 2015.