TITLE XXXV
BANKS AND BANKING; LOAN ASSOCIATIONS; CREDIT UNIONS

Chapter 383
BANK COMMISSIONER

Section 383:1

    383:1 Commissioner and Deputy. –
I. There shall be a bank commissioner who shall be appointed by the governor with the advice and consent of the council, and whose term shall be for 6 years.
II. There shall be a deputy bank commissioner who shall be recommended by the commissioner and appointed by the governor with the advice and consent of the council, and whose term shall be 6 years. The deputy may exercise the powers and perform the duties of the commissioner during the commissioner's absence whenever and to the extent that he or she may be so authorized by the commissioner. In case of the temporary disability of the commissioner, or of a vacancy in the office, the deputy shall have the powers and perform the duties of the commissioner until another commissioner is appointed and qualified.

Source. 1925, 143:1. PL 259:1. RL 307:1. RSA 383:1. 1959, 199:1. 2007, 156:13. 2013, 56:47. 2015, 272:1, eff. Oct. 1, 2015.

Section 383:2

    383:2 Commissioner Pro Tem. – In case of temporary disability of the commissioner, or of a vacancy in the office, and there is no deputy commissioner, the governor, with the advice and consent of the council, may appoint a bank commissioner for the time being, who shall have the powers and perform the duties of the office while the disability continues or until another commissioner is appointed and qualified. The governor and council shall determine when such appointee shall cease to act.

Source. 1925, 143:2. PL 259:2. RL 307:2.

Section 383:3

    383:3 Removal. – The governor, with the advice and consent of the council, may remove either the bank commissioner or a deputy bank commissioner at any time as provided for in RSA 4:1.

Source. 1925, 143:3. PL 259:3. RL 307:3. 2015, 272:2, eff. Oct. 1, 2015.

Section 383:3-a

    383:3-a Definitions. – Unless otherwise indicated, the definitions in RSA 383-A:2-201 shall apply to this chapter.

Source. 2015, 272:3, eff. Oct. 1, 2015.

Section 383:4

    383:4 Vacancy Filled for Unexpired Term. – Vacancies in the office of the bank commissioner and deputy bank commissioner as established by RSA 383:1, shall be filled for the unexpired term of such office.

Source. 1943, 39:3, eff. Mar. 3, 1943.

Section 383:5

    383:5 Repealed by 1973, 182:1, eff. July 28, 1973. –

Section 383:5-a

    383:5-a General Counsel. – The commissioner shall appoint a general counsel, who shall serve at the pleasure of the commissioner. The general counsel shall perform such duties and exercise such powers as the commissioner may authorize.

Source. 2018, 233:4, eff. Aug. 7, 2018.

Section 383:6

    383:6 Qualifications. – No person who is not a resident of the state at the time of his or her appointment or who fails to become a resident of the state within one year after his or her appointment, and no person who is indebted to any entity under the supervision of the commissioner, or who holds any stock or office in the entity, or who is engaged as principal or agent in the business of selling or negotiating loans, stocks, or securities of any kind in this state, or who is an officer or stockholder in any entity engaged in that business, shall be eligible to hold or continue to hold the office of commissioner or deputy commissioner. The provisions of this section relative to indebtedness to an entity under the supervision of the commissioner shall not disqualify a person who is indebted to the entity for a residential mortgage loan, car loan, or other secured personal loan if such indebtedness is subject to customary terms and conditions and transacted in the normal course of business. The provisions of this section relative to stock shall not disqualify a person who holds investments in shares of regulated diversified investment companies.

Source. RS 140:20. GS 152:2, 3. GL 166:2, 3. 1881, 95:1. 1889, 60:1. PS 162:2. 1925, 143:4. PL 259:4. RL 367:4. RSA 383:6. 1959, 199:5. 1969, 268:1. 1973, 182:3. 2008, 205:11. 2015, 272:4, eff. Oct. 1, 2015. 2021, 51:12, eff. July 24, 2021.

Section 383:7

    383:7 Compensation; Assistants. –
I. The annual salary of the commissioner, and that of the deputy commissioner, shall be that prescribed by RSA 94:1-4. The commissioner may appoint examiners and such assistants as may be necessary, within the limits of the appropriations therefor and the rules of the state personnel system.
II. The commissioner, deputy commissioner, examiners, and other assistants shall be allowed their actual traveling expenses when engaged in their official duties.
III. The commissioner may adopt a policy to prohibit certain department employees from performing outside work for any director or officer of a bank, trust company, or credit union, or for an entity chartered or licensed by the commissioner.
IV. The commissioner may adopt a written policy to require certain department employees to comply with the limitations of RSA 383:6 except that the employees may be indebted to a bank, trust company, or credit union or any other entity chartered or licensed by the department at the time of his or her appointment, or thereafter, provided the debt is incurred primarily for personal, household, or family purposes and on terms no more favorable than those afforded to other borrowers, the employee's employment is disclosed to such entity, and both the employee and the entity disclose to the commissioner that a debt has been incurred.
V. The department shall complete a background investigation and a criminal history records check on every selected applicant for employment in any position in the department prior to a final offer of employment. The department may extend a conditional offer of employment to a selected applicant after completing a background investigation, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a conditional offer of employment unless the department has initiated a criminal history records check. The department may also complete a background investigation and a criminal history records check on every contractor who provides services to the department, including but not limited to employees of other state agencies who are assigned to work at the department. The department shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant with a criminal history was in any way negligent or deficient if the department fulfilled the requirements of this section.
VI. The selected applicant for employment or contractor shall submit to the department a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The applicant or contractor shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where an applicant or contractor has lived during the past 5 years.
VII. The department shall submit the criminal history records release form to the New Hampshire division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall release copies of the criminal conviction records to the department. The department shall maintain the confidentiality of all criminal history records information received under this paragraph.

Source. 1925, 143:5. 1925, 179:1. PL 259:5. 1931, 130:1. RL 307:5. 1950, 9:2. 1953, 265:1. RSA 383:7. 1959, 199:6. 1973, 182:4. 1991, 84:1. 1997, 24:1. 2006, 303:7. 2015, 272:5, eff. Oct. 1, 2015. 2018, 184:2, eff. Aug. 7, 2018; 318:29, eff. Aug. 24, 2018.

Section 383:7-a

    383:7-a Delegation of Duties and Responsibilities. –
I. The commissioner may delegate to deputies, assistants, examiners, or employees of the department the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the commissioner. However, the commissioner shall not delegate his or her rulemaking powers.
II. The official act of the person acting in the commissioner's name and by his or her authority as provided in paragraph I shall be deemed an official act of the commissioner.
III. The commissioner shall provide any board or commission written notice of his or her intent to delegate his or her duties and responsibilities to serve on such board or commission.

Source. 1992, 117:1. 2007, 343:2. 2015, 272:6, eff. Oct. 1, 2015.

Section 383:8

    383:8 Office. – The commissioner shall be provided with an office in some suitable place in Concord.

Source. PS 162:5. 1925, 143:6. PL 259:6. RL 307:7.

Section 383:9

    383:9 Duties. –
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 examine a service entity that engages with a state chartered institution or that otherwise operates in this state, and such examination may be conducted in conjunction with or independently of any examination of a depository bank or credit union. The commissioner may also enter into agreements with federal and state regulatory authorities to examine or participate in the examination of a service entity and to share and protect the confidentiality of any examination report, work papers, or other examination information of the other state or federal regulatory authority. The commissioner may inspect the books of any entity under examination, and their papers, notes, bonds, and other evidences of debt. By that examination, the commissioner shall determine the true financial condition of the entities, their ability to perform their engagements, and whether they have violated any provision of law.
II. The commissioner may conduct investigations of the persons identified in paragraph I and of persons believed to be engaged in unlicensed activity in the state.
III. The cost of any examination or investigation shall be borne by the person examined or investigated. In the case of an unlicensed person, investigative costs will be assessed only if the person is determined to have engaged in unlicensed activity.
IV. In the course of conducting any examination or investigation of any entity and subject to the limitations of federal law, the commissioner shall have the jurisdiction and power to examine any affiliate of the entity, as defined in RSA 383-A:2-201(a). The examination of an entity's affiliate, shall be limited to those issues which, in the determination of the commissioner, affect the safe and sound operation of the entity and the relationship between the entity and the affiliate.
V. The commissioner may conduct an examination or investigation during business hours, at the commissioner's office by consent or by subpoena, or at any location of the entity's operations, including any place where assets are located or where records are made, posted, or kept. The commissioner shall have the power to conduct an examination or investigation outside the state of New Hampshire and outside the United States and its territories. Notice of any examination may be provided to the entity's main or principal office or, for a trust company or family trust company, to any executive officer of the trust company or family trust company.
VI. The commissioner may adopt rules, under RSA 541-A, relative to the duties assigned to him or her by this chapter.

Source. RS 140:22. GS 152:4, 5. GL 166:4. 1889, 12:2; 55:2. PS 162:6. 1925, 143:7. PL 259:7. 1929, 176:1. RL 307:8. RSA 383:9. 1981, 173:3. 1985, 55:4. 2013, 238:8. 2015, 272:7, eff. Oct. 1, 2015. 2019, 115:4, eff. Aug. 20, 2019; 168:2, eff. July 10, 2019.

Section 383:9-a

    383:9-a Joint Examination. – 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 Deposit Insurance Corporation, the Federal Reserve Bank, Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the United States Department of Treasury, and the National Credit Union Administration.

Source. 1957, 258:1. 2003, 165:1. 2015, 272:8, eff. Oct. 1, 2015.

Section 383:9-b

    383:9-b New Hampshire Charitable Foundation Common Trust Funds. – 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 such an examination, he shall charge and collect from the public common trust fund examined, the cost of such examination computed by multiplying the average daily rate of pay of all examining personnel employed in making such examination by the number of full man days devoted to the examination, but such charges for any fiscal year shall in no event exceed 1/2 of one percent of the net income for that fiscal year of such examined fund.

Source. 1969, 447:5. 1992, 24:2, VIII, eff. April 3, 1992.

Section 383:9-c

    383:9-c Educational Lending Institutions. – 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 higher learning.

Source. 1969, 498:1, eff. Sept. 1, 1969.

Section 383:9-d

    383:9-d Examination of Banks, Credit Unions, Trust Companies, and Family Trust Companies. –
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 and management of all trust companies in accordance with RSA 383-C:14-1401. The commissioner shall examine the condition and management of all family trust companies in accordance with RSA 383-D:11-1101.
II. For entities that qualify under paragraph III, the commissioner may alternate every 18 months between conducting an examination of the entity and either waiving one examination, or accepting the examination report of a federal or state regulator or group of regulators with authority to conduct a similar type of examination of the entity.
III. A depository bank or credit union qualifies for examination treatment under paragraph II if:
(a) It has consistently been given high ratings in past exams;
(b) It is not currently subject to an enforcement proceeding or order; and
(c) The commissioner has deemed it prudent to apply this paragraph and paragraph II.
IV. The commissioner shall examine the condition and management of all consumer credit licensees as required by law, every 24 months, or more often when necessary in his or her judgment. In lieu of his or her own report, the commissioner may accept a report of a federal or state regulator or group of regulators with authority to conduct a similar type of examination of the entity.
V. The commissioner may waive an examination of a licensee if:
(a) The licensee has consistently had examinations with few or no cited violations of law or has not conducted significant business in the state during the exam period;
(b) The licensee is not currently subject to any enforcement proceeding or order from any state or federal regulatory authority; and
(c) The commissioner has deemed it prudent to apply this paragraph and paragraph IV.
VI. In no event shall a licensee be examined less than every 48 months.

Source. 1985, 55:5. 2003, 165:2. 2006, 320:2. 2013, 238:9. 2015, 272:9, eff. Oct. 1, 2015. 2017, 257:34, 35, eff. Sept. 16, 2017. 2019, 168:3, 4, 20, eff. July 10, 2019.

Section 383:9-e

    383:9-e Corporations as Small Business Lenders. – 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 shall be made by the bank commissioner of the activities of the small business lender, and such reports shall be available to the United States Small Business Administration. The corporation shall not be deemed a banking institution, but shall be subject to the supervision, examination, control and enforcement authority of the bank commissioner under RSA 383 with regard to its loan portfolio. The bank commissioner shall make an annual report of the small business lender, and such report shall be available to the guarantying agency including the United States Small Business Administration. The corporation shall pay the cost of any such examination by the commissioner under RSA 383:11.

Source. 1993, 315:1, eff. Aug. 22, 1993.

Section 383:9-f

    383:9-f Other Nonbank Lenders. – 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 organization shall not be deemed a banking institution, but the New Hampshire banking department, upon written request from the organization, shall have the authority to examine and report on such authorities or organizations with regard to their loan portfolios. The cost of any such examination shall be paid by the authority or organization requesting the examination. This statute does not in any way permit or require that the bank commissioner examine these nonbank, non-Small Business Administration lenders, except when specifically requested to do so, in writing, by the nonbank lender to be examined.

Source. 1993, 315:1. 2000, 161:5, eff. July 22, 2000.

Section 383:9-g

    383:9-g Bank Holding Companies. – 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) beneficially owns, controls or holds the power to vote 25 percent or more of the voting stock of any federally chartered or state-chartered bank, commercial bank, savings bank, trust company, building and loan association, savings and loan association, cooperative bank, or similar banking organization doing business in the state of New Hampshire or (ii) possesses the power to control or controls the election of a majority of the directors of any such banking organization. For purposes of this section, such a business entity shall be referred to as a bank holding company. If a bank owns or controls another bank in the same manner as a bank holding company, it shall be deemed to be a bank holding company itself. The commissioner may require any bank holding company to furnish whichever reports the commissioner deems appropriate to the proper supervision of such bank holding company. Unless the commissioner determines otherwise, reports prepared for federal authorities may be submitted by such bank holding company in satisfaction of the requirements of this section. If such information and reports are inadequate in the commissioner's judgment for that purpose, the commissioner may examine such bank holding company and any of its subsidiaries doing business in New Hampshire. The proper charges which are incurred by reason of any such examination, including, but not limited to, examiner salaries and the benefits portion of such salaries, transportation, meals, lodging, and other associated costs, shall be paid by the bank holding company examined.

Source. 1995, 304:3. 1997, 194:1, eff. June 18, 1997.

Section 383:9-h

    383:9-h Repealed by 2015, 272:52, I, eff. Oct. 1, 2015. –

Section 383:9-i

    383:9-i Repealed by 2015, 272:52, II, eff. Oct. 1, 2015. –

Section 383:9-j

    383:9-j Repealed by 2015, 272:52, III, eff. Oct. 1, 2015. –

Section 383:10

    383:10 Repealed by 2015, 272:52, IV, eff. Oct. 1, 2015. –

Section 383:10-a

    383:10-a Accountants or Experts. – Whenever he or she considers it necessary the commissioner may engage the services of one or more outside accountants or other experts to perform an audit or such further examination as he or she deems necessary, except that the engagement of legal services shall be with the approval of the attorney general. The compensation and expenses of each outside accountant or other expert shall be a charge against the examined entity and shall be paid directly by that entity.

Source. 1959, 199:7. 1991, 84:2. 2015, 272:10, eff. Oct. 1, 2015.

Section 383:10-b

    383:10-b Confidential Information. – All records of the department's investigations, examinations, visitations, and reports produced by those investigations, examinations, and visitations including any duly authenticated copy of those records in the possession of any entity under the supervision of the commissioner, shall be confidential, shall not be subject to RSA 91-A, shall not be subject to subpoena and shall not be made public unless, in the judgment of the commissioner, the ends of justice and the public advantage will be served by the publication of those records. The commissioner may disclose to federal and state supervisory authorities and to independent insuring funds which he or she deems qualified such information and reports relating to the entities under his or her supervision as he or she deems best. The commissioner may also furnish to any government sponsored bank created under the Federal Home Loan Bank Act, or any authorized agent thereof, copies of reports of examination concerning any bank or credit union that is a member of such government sponsored bank, as required for the evaluation of the financial condition of the member bank or credit union. The commissioner may share information with state and federal regulators, and may share information with law enforcement agencies for the purpose of criminal investigations. On motion for discovery filed in any court of competent jurisdiction, in aid of any pending action, the court, after hearing the parties, may order the production of those records for use in that action whenever it is found that justice so requires, subject to such reasonable safeguards imposed by the court as may be necessary to prevent use by unauthorized persons or publicity of irrelevant portions of those records.

Source. 1965, 52:1. 1983, 194:1. 2015, 272:11, eff. Oct. 1, 2015. 2018, 184:3, eff. Aug. 7, 2018. 2019, 168:5, eff. July 10, 2019.

Section 383:10-c

    383:10-c Repealed by 2015, 272:52, V, eff. Oct. 1, 2015. –

Section 383:10-d

    383:10-d Consumer Complaints and Restitution. – The commissioner shall have exclusive authority and jurisdiction to investigate conduct that may violate any of the provisions of RSA 361-A, RSA 361-E, and Titles XXXV and XXXVI and administrative rules adopted thereunder. The commissioner may hold hearings relative to such conduct and may order restitution for a person or persons adversely affected by such conduct. The commissioner may request the assistance and services of the department of justice and shall delegate to the department of justice the authority to investigate criminal conduct under this section. The commissioner shall provide the department of justice information relevant to the criminal investigation of such matters, if applicable, and shall cooperate with such investigation and prosecution. The commissioner may also share information with state and federal regulators, and may share information with law enforcement agencies for the purpose of criminal investigations.

Source. 1985, 55:6. 2004, 210:2. 2014, 153:1, eff. Jan. 1, 2015. 2019, 36:3, eff. May 15, 2019; 168:6, eff. July 10, 2019.

Section 383:10-e

    383:10-e Confidentiality of Consumer Complaints. – The commissioner may disclose to the public the number and type of complaints and disposition of complaints filed by consumers against a particular person or entity; provided, however, that no such disclosure shall abridge the confidentiality of consumer complaints or inquiries.

Source. 1994, 250:1. 2015, 272:12, eff. Oct. 1, 2015.

Section 383:10-f

    383:10-f Consumer Complaint Administrator. – The commissioner shall annually designate one person from within the banking department who shall administer and coordinate the commissioner's response to consumer complaints concerning conduct in trade or commerce licensed or regulated under Title XXXV, Title XXXVI, RSA 361-A, or RSA 361-E or conduct which is alleged to be an unfair or deceptive practice under the provisions of RSA 383:10-d.

Source. 2004, 210:1, eff. Aug. 10, 2004. 2019, 36:4, eff. May 15, 2019.

Section 383:10-g

    383:10-g Privileges Not Affected by Disclosure. – Notwithstanding the exceptions to confidentiality in RSA 383:10-b, the submission of any information to any federal banking agency, state banking department, or foreign banking authority for any purpose in the course of any supervisory or regulatory process shall not be construed as waiving, destroying, or otherwise affecting any privilege such person may claim with regard to any information under federal or state law as to any person other than such agency, department, or authority.

Source. 2013, 238:1, eff. Sept. 13, 2013.

Section 383:10-h

    383:10-h Unfair or Deceptive Act or Practice. –
I. No person engaging in trade or commerce, including without limitation, any business, activity, or transaction, that is subject to the jurisdiction of the bank commissioner may act in a manner that is or may be an unfair method of competition or an unfair or deceptive act or practice under RSA 358-A:2.
II. The commissioner shall have exclusive authority and jurisdiction to investigate conduct that is or may be an unfair method of competition or an unfair or deceptive act or practice under paragraph I, and may bring an administrative action to enforce such provisions as follows:
(a) Any person who violates paragraph I, may, upon notice and opportunity for hearing, and in addition to any such other penalty provided for by law, be subject to suspension, revocation, or denial of any registration, license, or charter, including forfeiture of any application fee, and may be ordered to provide restitution for a person or persons adversely affected by such conduct.
(b) Each method, act, or practice specified shall constitute a separate violation without regard to the number of persons affected thereby.
(c) The commissioner may authorize, with or without prior administrative action, the department of justice to file a civil enforcement action that alleges any unfair method of competition or any unfair or deceptive act or practice under this section. The court may apply any of the remedies allowed under RSA 358-A:4, III.
(d) Any person who knowingly violates paragraph I, shall be guilty of a misdemeanor for each violation if a natural person, or guilty of a felony if any other person. The commissioner shall delegate to the department of justice the authority to investigate criminal conduct under this section, shall provide the department of justice information relevant to the criminal investigation and prosecution of such matters, and shall cooperate with such investigation and prosecution.

Source. 2014, 153:2, eff. Jan. 1, 2015.

Section 383:11

    383:11 Examination Costs. –
I. The commissioner shall charge and collect from each entity, the condition and management of which he or she examines under the provisions of RSA 383:9, the actual cost of travel, lodging, meals, and other expenses of examination personnel employed in making examinations under this section plus an examination fee, which shall be calculated as a sum equal to the product of the average daily rate of overall salary costs, including the benefits portion thereof, and expenses of all personnel employed in making examinations under the provisions of RSA 383:9, multiplied by the number of personnel days devoted to the examination of the particular entity, provided, however, that no such entity shall be charged or pay for less than one full day. Sums collected under this section shall be payable to the state treasurer as restricted revenue and credited, in accordance with the department's accounting unit designation, to the appropriation for the commissioner or the consumer credit administration division.
II. If, after the close of each fiscal year, there remains any deficiency between the sums collected under paragraph I, combined with the other fees, fines, and penalties collected by the department during the fiscal year just closed, and actual department expenditures for the fiscal year just closed, the commissioner shall make an assessment of the entities as follows:
(a) From banks, credit union, and trust companies. Each state-chartered depository bank, trust company, credit union, or similar entity, except family trust companies, shall be charged and pay such proportion of said balance applicable to the entity under the department's accounting unit designation, as its total assets bear to the total assets of all entities as shown by their reports to the commissioner as of June 30 preceding such charges, except that the percent of the fiduciary assets used in the calculation of the total assets of each entity and all entities shall be determined as follows:
(1) Fiduciary assets up to $5,000,000,000 shall be calculated at 25 percent;
(2) Fiduciary assets that are between $5,000,000,001 and $10,000,000,000, shall be calculated at 20 percent;
(3) Fiduciary assets that are between $10,000,000,001 and $15,000,000,000, shall be calculated at 15 percent;
(4) Fiduciary assets that are between $15,000,000,001 and $20,000,000,000, shall be calculated at 10 percent;
(5) Fiduciary assets that are between $20,000,000,001 and $25,000,000,000, shall be calculated at 5 percent;
(6) Fiduciary assets that are between $25,000,000,001 and $50,000,000,000, shall be calculated at 2.5 percent;
(7) Fiduciary assets that are $50,000,000,001 or more, shall be calculated at one percent.
(8) For purposes of this section, "fiduciary assets" means those assets reported in accordance with RSA 383-A:5-510, except that the term excludes any fiduciary asset that the entity holds, manages, or administers under an agreement with a New Hampshire family trust company.
(b) From family trust companies. Each family trust company shall be charged and pay such proportion of said balance applicable to all banks, credit unions, and trust companies under the department's accounting unit designation, as its total assets bear to the total assets of the entities as shown by their reports to the commissioner as of June 30 preceding such charges, except that the percent of the fiduciary assets used in the calculation of the total assets of each family trust company shall be equal to 5 percent of its fiduciary assets as reported on its report to the commissioner as of June 30 of the year preceding the charges; however, the minimum amount chargeable shall be $3,000 and the maximum amount chargeable shall be established by the commissioner by rule, but shall not exceed 5 percent of the total assessment for that year.
(c) From consumer credit division entities. Each entity subject to the supervision of the commissioner under the provisions of RSA 361-A, RSA 397-A, RSA 399-A, RSA 399-D, and RSA 399-G, shall be charged and shall pay such proportion of the balance applicable to the consumer credit administration division under the department's accounting unit designation as the gross revenue received from the total dollar volume of loans made, originated, funded, or brokered, or debt adjustment contracts entered into, or mortgage servicing fees received or money transmitted from each entity's New Hampshire business bears to the total gross revenue received from the total dollar volume of the loans made, originated, funded, or brokered, or debt adjustment contracts entered into, or mortgage servicing fees received, or money transmitted, from New Hampshire business by all entities during the preceding calendar year ending December 31, as shown by their reports to the commissioner.
III. Except for entities supervised under RSA 361-A, RSA 397-A, RSA 399-A, RSA 399-D and RSA 399-G where the individual regulatory chapter specifies a shorter time, payments of the charges provided for by paragraphs I and II shall be made within 60 days after the entity's receipt of the notice of the charge.
IV. Any excess collected in any fiscal year under the provisions of this section shall be used to reduce the sum required to be collected in the next succeeding fiscal year.
V. A state chartered institution that is dissolved or converted before the close of a fiscal year, shall be responsible for payment of its pro rata share of the assessment for that fiscal year. Prior to approving the dissolution or conversion of the institution, the commissioner, in the commissioner's discretion, shall either:
(a) Impose requirements to ensure payment of the assessment after the approval of the dissolution or conversion; or
(b) Collect payment of the assessment as calculated under paragraph II prior to approval of the dissolution, or if the calculation of the assessment is not yet available and the commissioner determines the last assessment imposed as well as the institution's share of the last assessment imposed, is reflective of the institution's obligation for the current fiscal year, the commissioner may instead collect payment of the assessment based on a pro rata portion of the last assessment imposed on the institution.

Source. 1953, 248:1; 249:1. RSA 383:11. 1967, 101:2. 1971, 557:60. 1988, 220:3. 1989, 163:1. 1991, 84:3. 1994, 330:3, 4. 1995, 253:2; 283:4. 1997, 194:2. 1998, 139:2. 1999, 269:1. 2005, 255:44. 2006, 303:8. 2008, 205:12, 13. 2012, 247:4. 2013, 144:96. 2015, 272:13. 2016, 289:2, eff. Aug. 20, 2016. 2017, 103:3, eff. Aug. 7, 2017. 2018, 184:1, eff. Aug. 7, 2018. 2019, 168:7, eff. Sept. 8, 2019. 2021, 194:21, eff. Oct. 9, 2021.

Section 383:11-a

    383:11-a Contract Services. – The commissioner shall be authorized to enter into contracts with federal regulatory and insuring agencies to perform examinations of financial institutions, or to provide other services, and to receive monetary reimbursement for the costs incurred in providing such contract services. Contracts for services to be provided by the banking department under this section shall be reviewed and approved as to proper legal form by the department of justice. Sums collected for contracted services under this section shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the bank commissioner.

Source. 1991, 84:4, eff. July 12, 1991.

Section 383:11-b

    383:11-b Special Assessment. –
I. The commissioner may, as liquidator and in the name of any entity being liquidated, declare and charge a special assessment to offset the cost of administering the liquidation from the group of all other entities of the same type as the entity being liquidated in the manner set forth below:
(a) In the case of a liquidation of a depository bank, the commissioner as liquidator may charge and collect the assessment from all other state-chartered depository banks.
(b) In the case of a liquidation of a credit union, the commissioner as liquidator may charge and collect the assessment from all other state-chartered credit unions.
(c) In the case of a liquidation of a trust company, the commissioner as liquidator may charge and collect the assessment from all other state-chartered trust companies.
II. Before declaring and charging the special assessment, the commissioner shall make reasonable efforts to exhaust the liquid or near-liquid capital and assets of the entity being liquidated, including in the case of a liquidation of a trust company, any assets that the trust company pledged under RSA 383-C:5-503.
III. The commissioner shall only declare a special assessment in an amount that he or she reasonably believes will be necessary for the administration of the liquidation, but in no event shall the commissioner assess more than $3,000,000 per liquidation of a depository bank, credit union, or trust company. If, in connection with the liquidation of a specific entity, the commissioner determines that additional funds above that limit are needed, then he or she may only make such assessment in accordance with this section if he or she obtains prior approval from the governor and executive council.
IV. The assessed moneys shall be designated for, and shall only be used for, the administration expenses, as defined in RSA 395:30, I, of the liquidation. Any such funds used in administration of the liquidation shall be entitled to be a priority claim as an administration cost in the liquidation estate. Any such additional funds not used by the commissioner shall be returned to each entity which paid into the assessment on a pro-rata basis in proportion to the amount that the entities were charged.
V. (a) The special assessment shall be due and payable within 30 days after the commissioner declares the assessment and so notifies each entity being assessed in writing. If any entity refuses to obey the commissioner's order to pay the special assessment, then an action may be brought by the attorney general on the commissioner's behalf in any superior court in this state. In that action, an order, or judgment may be entered awarding:
(1) a temporary or permanent injunction,
(2) the assessed amount and any accumulated statutory fines to the commissioner, and
(3) the costs in bringing the action to the attorney general.
(b) In addition to all of the court's customary powers, the court may enforce any injunction issued under this paragraph by a fine not exceeding $10,000 or by imprisonment, or both.
VI. The special assessment shall be calculated on a pro rata basis among the group of entities in the same manner as the annual assessment is calculated in accordance with RSA 383:11. The commissioner shall use the most recent June 30 figures for calculating the pro-rata assessment.
VII. To satisfy its obligation to pay any special assessment, any trust company may withdraw funds from its pledge account established under RSA 383-C:5-501. The trust company shall replenish the amount withdrawn from that pledge account on the earlier of 18 months of the withdrawal date or the date determined by the commissioner to be in the public interest. By petition to the commissioner for approval, and upon showing of hardship, a trust company may seek to lengthen the time of replenishment.

Source. 2015, 272:14, eff. Oct. 1, 2015.

Section 383:12

    383:12 Oaths. – The commissioner, the deputy commissioner, or any of the examiners may summon and examine under oath by him administered any officer, agent, or servant of any such institution or any other person in relation to the affairs and condition of the institution.

Source. RS 140:24. GS 152:6. GL 166:6. PS 162:7. 1925, 143:9. PL 259:9. RL 307:10. RSA 383:12. 1959, 199:8, eff. July 23, 1959.

Section 383:13

    383:13 Repealed by 2015, 272:52, VI, eff. Oct. 1, 2015. –

Section 383:13-a

    383:13-a Repealed by 2015, 272:52, VII, eff. Oct. 1, 2015. –

Section 383:14

    383:14 Repealed by 2015, 272:52, VIII, eff. Oct. 1, 2015. –

Section 383:15

    383:15 Commissioner's Reports. – The commissioner shall file with the governor and council his or her annual report, which shall contain information concerning each entity under the commissioner's supervision. The report shall also give the names of the officers of the banks, credit unions, and trust companies and such other information as he or she may deem necessary. The commissioner shall make such recommendations therein as he or she thinks will promote the public good.

Source. RS 140:22. GS 152:5. 1869, 4:9. GL 166:5. PS 162:9. 1897, 77:2. 1921, 67:1. 1925, 143:11. PL 259:11. RL 307:13. 1949, 20:1. 1973, 140:31. 2003, 165:4. 2015, 272:15, eff. Oct. 1, 2015.

Section 383:16

    383:16 Irregularities. – If the commissioner, deputy commissioner, or any examiner shall make a false statement of the condition of any institution with the intent to deceive, or shall intentionally fail when examining any institution to make a prudent and careful examination of appropriate scope based on the size, complexity, and the risk profile of the institution, he or she shall be guilty of a class B felony.

Source. 1881, 103:1. PS 162:10. 1925, 143:12. PL 259:12. RL 307:14. RSA 383:16. 1959, 199:9. 1973, 528:264, eff. Oct. 31, 1973 at 11:59 p.m. 2019, 168:8, eff. July 10, 2019.

Section 383:17

    383:17 Disposal of Papers. – The commissioner may destroy any records, reports, or miscellaneous papers filed in his office which, in his opinion, are no longer of any value to the state.

Source. 1945, 40:1. 2004, 231:14, eff. June 11, 2004.

Section 383:18

    383:18 Printing of Laws. – The commissioner may have printed separate copies of the banking laws whenever, in his opinion, such copies are necessary.

Source. 1953, 46:1, eff. Mar. 18, 1953.

Advisory Board

Section 383:19

    383:19 Repealed by 1985, 55:25, I, eff. Apr. 23, 1985. –

Section 383:20

    383:20 Repealed by 1985, 55:25, II, eff. Apr. 23, 1985. –

Section 383:21

    383:21 Repealed by 1985, 55:25, III, eff. Apr. 23, 1985. –

Public Deposit Investment Pool

Section 383:22 to 383:24

    383:22 to 383:24 Repealed by 2023, 36:3, I-III, eff. July 16, 2023. –

Board of Trust Company Incorporation Decisions

Section 383:25

    383:25 Board of Trust Company Incorporation Decisions. – Each decision or act of the board of trust company incorporation shall maintain the same force and effect as when such decision was issued or act was taken, except to the extent otherwise provided under this title. Any charter granted or amended by the board of trust company incorporation, with all rights, obligations, and interests vested or accrued thereunder shall remain in effect according to its terms, and shall continue to be subject to and governed by the provisions of this title.

Source. 2013, 56:46, eff. July 4, 2013.