BANKING DEPARTMENT

 

#131 Regulations Issued by the Bank Commissioner Relating to Small Loans under RSA 399-A effective June 3, l968

#1560 E Maximum interest rates charged by State Chartered Credit Unions shall be determined by the board of directors - Exp 7-27-80; - eff 3-27-80; ss by #1596

#1596 Ban 100 Organizational Rules; Ban 200 Hearing Rules; and Ban 300 Credit Unions - eff 6-30-80

#1798 Ban 500 Granting State Chartered Financial Institutions Powers of Corresponding Federally Chartered Institutions (eff 8-23-81)

#1819 Ban 600 Format of Internal Audit Reports for all Financial Institutions, Except Credit Unions (eff 9-24-81)

#1840 Adopt Ban 502 - Deposits of Public Money in Thrift Institutions; Ban 503 Commercial, Corporate or Business Loans of Thrift Institutions; Ban 504 Commercial, Corporate or Business Demand Deposits in Thrift Institutions (eff 11-2-81)

#1845 Ban 505 - Trust Powers of Thrift Institutions (eff 11-9-81)

#1853 Ban 506 - Sale of Federal Funds by State Chartered Credit Unions (eff 11-16-81)

#1868 Ban 507 - Non-Interest Bearing Negotiable Orders of Withdrawal for Business Customers (NINOWS) (eff 12-4-81)

#1897 Adopt Ban 508 Investments of Thrift Institutions in Service Corporations (eff 1-4-82)

#1987 Adopt Ban 509 Voting Proxies in Conversion of Mutual Banks to State Banks (eff 3-26-82)

#2062 Readopt Ban 100 and 200 (eff 6-25-82)

#2086 Repeal Ban 301 Interest Rates - Credit Unions (eff 7-13-82)

#2120 Add Ban 510 Credit Union Powers (eff 8-12-82)

#2121 Add Ban 511 Dividends & Interest Paid by Thrift Institutions (eff 8-12-82)

#2132 Adopt Ban 512-Deposits in Financial Institutions (eff 9-17-82)

#2437-a Adopt Ban 600 Internal Audit Reports (eff 7-28-83)

#2469-a Adopt Ban 513 Distribution of Profits and Dividends by state chartered Thrift Institutions (eff 9-8-83)

#2470 Adopt Ban 514 Interstate Lending Authority (eff 9-8-83)

#2548 Adopt Ban 515.01 Deposit Accounts (eff 1-5-84)

#2551 Adopt Ban 800 Power of Banking Organizations (eff 1-7-84)

#2611 Adopt Ban 516 Service Charges on Savings Accounts of State Chartered Thrift Institutions (eff 3-3-84)

#2685 Readopt Ban 100-200 with amend (eff 4-20-84)

#2699 Adopt Ban 517 Corporate Title of Thrift Institution - (eff 5-4-84)

#2700 Adopt Ban 518 Obligations of One Borrower (eff 5-4-84)

#2718 Adopt Ban 700 Consumer Credit Transaction (eff 5-21-84)

#3034 Adopt Ban 508 Investments of Thrift Institutions Service Corporations - (eff 7-7-85)

#3043 Readopt Ban 600 Internal Audit Reports (eff 6-26-85)

#3103 Adopt Ban 1000 Sales of Motor Vehicles (eff 8-21-85)

#4008 Adopt Ban 1103 Annual Reports of Institutions (eff 3-3-86)

#4009 Adopt Ban 2600 Mortgage Home Loans (eff 3-3-86)

#4025 Adopt Ban 1104 Institutions Required to Have Fidelity Coverage (eff 3-26-86)

#4082 Adopt Ban 1401 Savings Banks - Records & Accounts (eff 7-7-86)

#4083 Adopt Ban 1800 Bank Reserves, Reports & Deposits of Securities (eff 7-7-86)

#4084 Adopt Ban 1410 Verification of Deposits (eff 7-7-86)

#4085 Adopt Ban 1420 Sale of Negotiable Checks & Drafts (eff 7-7-86)

#4086 Adopt Ban 1430 Pledge of Securities to Secure Funds (eff 7-7-86)

#4087 Adopt Ban 2100 Loans Insured by a Private Insurance Co (eff 7-7-86)

#4088 Adopt Ban 1440 Petition for Incorporation of Savings Banks (eff 7-7-86)

#4100 Adopt Ban 1105 Purchase and Sale of Securities

#4101 Amend Ban 1104 Institutions Required to have fidelity coverage (eff 7-24-86)

#4108 Repeal Ban 504 Commercial Corporate or Business Demand Deposits in Thrift Institutions (eff 8-6-86)

#4178 Amd Ban 1104.06(b) Expiration or Cancellation (eff 12-4-86)

#4179 Adopt Ban 2600 Mtge Home Loans License (eff 12-4-86)

#4180 Repeal Ban 2604.01 Related Insurance (Mtge Home Loans) (eff 12-4-86)

#4200 Add Ban 2710 Debt Adjusters; Ban 2711 Application; Ban 2712 License; Ban 2713 Operations (eff 1-6-87)

#4310 Adopt Interim Rule 87-2 Ban 2700 Interstate Affiliation (eff 9-3-87)

#4338 Adopt Ban 2500 First Mortgage Bankers and Brokers (eff 11-17-87)

#4343 Adopt Ban 1200 Interstate Affiliation Rules (eff 12-2-87)

 

#4458 Adopt Ban 2500 First Mortgage Bankers and Brokers (eff 7-28-88)

 

#4459 Adopt Ban 2600 Mortgage Home Loans (eff 7-28-88)

 

#4532 Readopt Ban 1103 Annual Reports of Institutions (amended) (eff 11-18-88)

 

#4544 Amend various Ban 1202/1203 Interstate Affiliation Banking rules (eff 12-16-88)

 

#4716 Adopt Ban 510.07 Loans and Lines of Credit to Members (eff 12-6-89)

 

#4717 Adopt Ban 1105.05 Rating Services (eff 12-6-89)

 

#5011 Adopt Ban 1106 Consumer Complaint Form-Banks (eff 1/28/90).

 

#5012 Amend Ban 2605.01 Consumer Complaint Form-2nd Mortgage Home Loans (eff 11/28/90)

#5013* Adopt Ban 2506 Consumer Complaint Form-1st Mortgage Loan Bankers and Brokers (eff 11/28/90)

 

#5014* Adopt Ban 402 Consumer Complaint Form-Small Loans (eff 11/28/90)

 

#5015* Adopt Ban 1003 Consumer Complaint Form-Installment Sales of Motor Vehicles (eff 11/28/90)

 

#5061 Declaratory Ruling: Ban 518.01(c) and (d) (eff 1-23-91)

 

#5221E* Adopt Ban 1450 Collateralization of Public Deposit (eff 9/6/91)

 

#5239 Declaratory Ruling: Ban 518 Debt by an Unrelated Third Party Purchaser of a Wholly-Owned Subsidiary of a Bank (eff 9-30-91)

 

#5263* Repeal Ban 517.03 Approval by Bank Commissioner (eff 10-30-91)

 

#5307* Adopt (INTERIM) Ban 1450 Collateralization of Public Deposit (eff 1-9-92) EXPIRES 5-8-92

 

#5368* Adopt Ban 900 Public Deposit Investment Pool Rules (eff 4-2-92)

 

#5465* Adopt Ban 1450 Collateralization of Public Deposit (eff 9-8-92)

 

#5663* Adopt Ban 519 Stock Conversions (eff 7-2-93) EXEMPT from JLCAR REVIEW AND THERE IS NO EXPIRATION DATE

 

#5883* Adopt Ban 520 Sale of Uninsured Financial Products by Banks (eff 8-24-94) EXEMPT FROM JLCAR REVIEW AND THERE IS NO EXPIRATION DATE

 

#5896* Adopt Ban 522 Real Estate Lending Standards (eff 9-15-94) EXEMPT FROM JLCAR REVIEW AND THERE IS NO EXPIRATION DATE

 

#5917 Declaratory Ruling: 12 CFR Part 337.4(n), an amendment in Ban 520.02(c) to 12 CFR Part 337.4 Incorporated by Reference (eff 10-26-94

 

#6071* Adopt Ban 510.08 Credit Union Supervisory Committee (eff 7-29-95) EXEMPT FROM JLCAR REVIEW - NO EXPIRATION DATE

 

#6076* Adopt Ban 2400 Record Retention; Workpapers (eff 8-10-95)

 

#6077 Declaratory Ruling: Ban 520 Sale of Annuities by State Banks (eff 8-10-95)

 

#6084* Adopt Ban 600 Electronic Customer Service Terminals (eff 8-23-95)

 

#6146* Adopt Ban 100 Organizational Rules (eff 12-22-95)

 

#6147* Adopt Ban 200 Practice and Procedure Rules (eff 12-22-95)

 

#6206* Adopt Ban 2403 Criminal Convictions (eff 3-20-96)

 

#6255* Adopt Ban 1600 Mergers (eff 5-24-96)

 

#6260* Adopt Ban 523 National Bank Powers (eff 5-31-96) EXEMPT FROM JLCAR REVIEW AND THERE IS NO EXPIRATION DATE

 

#6277* Adopt Ban 701 Format of Audit Reports (eff 6-27-96)

 

#6278* Adopt Ban 3700 Debt Adjusters (eff 6-27-96)

 

#6279* Adopt Ban 702 Interest on Escrow Accounts (eff 6-27-96)

 

#6310* Adopt Ban 611 Loan Production Offices (eff 8-3-96)

 

 

#6311* Adopt Ban 1105 Purchase and Sale of Securities (eff 8-3-96)

 

#6312* Readopt w/amd Ban 1106 Consumer Complaints Against Banks (eff 8-3-96)

 

#6313* Repeal Ban 402, 1003, 2506, 2605 Consumer Concerns and Inquiries and Adopt Ban 2405 Consumer Complaints Against Licensees (eff 8-3-96)

 

#6315* Adopt Ban 524 Affiliate Agency Powers (eff 8-10-96) EXEMPT FROM JLCAR REVIEW AND THERE IS NO EXPIRATION DATE

 

#6388* Adopt Ban 703 Reporting and Notification (eff 11-27-96)

 

#6389* Adopt Ban 3702.04 Location of Debt Adjuster Business (eff 11-27-96)

 

#6418* Adopt Ban 802 Charter Conversions (eff 12-28-96)

 

#6463* Adopt Ban 2407 Notification and Reporting Requirements - Licensees (eff 2-26-97)

 

NOTE:

Office of Legislative Services

Division of Administrative Rules

 

Statement of Expiration

 

February 26, 1997

No Expiration Date for Certain Banking Department Rules

 

Pursuant to RSA 394-A:7, X, effective June 18, 1983 by 1983, 287:1, "any rule adopted pursuant to this section shall continue in force and effect until amended or repealed" despite RSA 541-A:17, I. Moreover, due to 1983, 287:2, rules in effect on June 18, 1983 similarly remained in effect until amended or repealed. In other words, the rules adopted and filed under RSA 394-A:7 will not expire, and the expiration provisions for rules in RSA 541-A, as enacted by 1983, 454:11 and amended and recodified by 1994, 412:1 do not apply to those rules.

 

According to the Banking Department, all of the rules in Ban 500 and Ban 800, with two exceptions, are adopted and filed under RSA 394-A:7. Ban 500 is relative to granting State chartered financial institutions the powers of corresponding federally chartered institutions, and Ban 800 is relative to power of banking organizations.

 

The two exceptions are Ban 510.07 and Ban 802, which were not adopted and filed under RSA 394-A:7 and therefore are subject to expiration. Ban 510.07 filed in Doc. #4716 expired 12-6-95.

 

#6477* Adopt Ban 612 Fiduciary Assets (eff 3-28-97)

 

#6492* Readopt w/amd Ban 600 Electronic Customer Service Terminals (eff 4-23-97)

 

#6536* Adopt Ban 1104 Required Fidelity Coverage (eff 7-2-97)

 

#6555* Adopt Ban 2406 Document Fees - Licensees (eff 8-6-97)

 

#6571* Adopt Ban 2410 Licensee Forms (eff 8-26-97)

 

#6611* Adopt Ban 2500 First Mortgage Bankers and Brokers (eff 10-22-97)

 

#6630 DECLARATORY RULING - Amend Ban 520 (Citizens Bank Petition) Requirements and Procedures for Retail Sales of Mutual Funds and Other Uninsured Products (eff 10-31-97)

 

#6636* Adopt Ban 2403 Incomplete License Applications (eff 11-27-97)

 

#6637* Adopt Ban 704 Bank Examiner Indebtedness (eff 11-27-97)

 

#6751* Adopt Ban 705 Account Information Matrix (eff 5-20-98)

 

#6858* Repeal Ban 518 Investment in the Obligations of One Borrower (eff 9-25-98)

 

#6900* Adopt Ban 2408 Interest Calculation Method (eff 12-4-98)

 

#6961* Adopt Ban 1450 Collateralization of Public Deposits (eff 3-25-99)

 

#7008* Adopt Ban 2409 License Requirements (eff 5-28-99)

 

#7009* Adopt Ban 607.06 Exceptions (eff 5-28-99)

 

#7157 DECLARATORY RULING - Defining RSA 358-K, 399-B and 394-A (eff 12-1-99)

 

#7437* Adopt Ban 2411 License Surrender (eff 1-27-01)

 

#7438* Readopt w/amd Ban 3702.02 Debtor's Trust Account (eff 1-27-01)

 

#7439* Adopt Ban 3702.05 Choice of Law (eff 1-27-01)

 

#7440* Adopt Ban 3702.06 Use of Agents and Brokers Prohibited (eff 1-27-01)

 

#7461* Adopt Ban 525 Federal Savings Association Powers (eff 3-16-01) - EXEMPT from JLCAR review, No Expiration Date

 

#7486* Adopt Ban 1800 Trust and Banking Companies (eff 5-2-01)

 

#7601* Readopt w/amd Ban 2403 Criminal Convictions (eff 11-22-01)

 

#7630* Amend Ban 612.02(b)(2) Notice of Termination of a Loan Production Office (eff 1-24-02)

 

#7631* Adopt Ban 2100 Building and Loan Association's and Cooperative Banks (eff 1-24-02)

 

#7632* Amend Ban 510.01(f) Credit Union Powers (eff 1-29-02)

 

#7695* Readopt w/amd Ban 2409 License Requirements (eff 6-5-02)

 

#7696* Readopt w/amd Ban 2502.07 Appeal of License Denial, Revocation or Other Administrative Actions (eff 6-05-02)

 

#7697 VOIDED - SEE DOC. # 7709 Adopt Ban 2408.03 Daily Simple Interest Disclosures (eff 6-5-02)

 

#7698* Adopt, Amend, Readopt, Readopt w/amd Ban 2501, 2502.01(a), 2502.06(a), 2502.07 & 2505.01(a)(1) First Mortgage Bankers and Brokers - Licensing Requirements and Disclosure Requirements for Rate Lock Commitments (eff 6-5-02)

#7709* Adopt Ban 2408.03 Daily Simple Interest Disclosures (eff 6-20-02)

 

#7755* Adopt Ban 2412.01 Examination - Access for Files During Examination (eff 8-21-02)

 

#7786* Adopt Ban 1000 Sales Finance Companies and Retail Sellers (eff 10-30-02)

 

#8486* Adopt Ban 1107 & 510.09 Amendments to Bylaws and Credit Union Branching (eff 11-11-05)

 

#8559* INTERIM RULE - Readopt w/amd Ban 2500 Mortgage Bankers and Brokers (eff 2-2-06) EXPIRES: 8-1-06

 

#8560* INTERIM RULE - Adopt, Readopt w/amd Ban 2400 General Requirements: Licensees (eff
2-2-06) EXPIRES: 8-1-06

 

#9187* INTERIM RULE Adopt Ban 1450 Collateralization of Public Deposits (eff 6-24-08) EXPIRES: 12-21-08

 

#9231 DECLARATORY RULING - Ban 102.02(b)(2) & 206.01-206.02 Concerning FDIC-Insured State-Chartered Nondepository Trust Companies under RSA 392:1-a, Whose Articles of Agreement Prohibit the Acceptance of Deposits from the General Public, Holding Directors' Meetings at Least on a Quarterly Basis if such Trust Companies Meet the Requirements Within RSA 384:7 "Meetings; Records." (eff 8-6-08)

 

#9348 DECLARATORY RULING - Ban 1450.04(b)(2) and RSA 386:57 An irrevocable letter of credit issued by the Federal Home Loan Bank of Boston is appropriate and acceptable collateral to secure the deposit bank of public moneys as defined in RSA 386:47, II and Ban 1450.04(b)(2). This Ruling is based upon the specific facts and representations contained in the Petition letter from Franklin Savings Bank dated December 11, 2008 and applies only to that factual situation. (eff 12-16-08)

 

#9557* Adopt Ban 1450 Collateralization of Public Deposits (eff 10-3-09)

 

#9590* Readopt w/Amend Ban 523 National Bank Powers (eff 11-9-09) EXEMPT from JLCAR review, No Expiration Date

 

#9591* Readopt w/Amend Ban 525 Federal Savings Association Powers (eff 11-9-09) EXEMPT from JLCAR review, No Expiration Date

 

#9592* Adopt Ban 526 Federal Credit Union Powers (eff 11-9-09) EXEMPT from JLCAR review, No Expiration Date

 

#9644 DECLARATORY RULING - Ban 1450.04(b)(2) and RSA 386:57, II An Irrevocable letter of credit issued by the Federal Home Loan Bank of Boston is appropriate and acceptable collateral to secure the deposit in a bank of public moneys as defined in RSA 386:57, II and Ban 1450.04(b)(2). This ruling is based upon the specific facts and representation contained in the petition letter from TD Bank North dated April 12, 2006 and applies only to that factual situation. (eff 8-2-06)

 

#9702* Adopt Ban 900 Public Deposit Investment Pool (eff 4-29-10)

 

#9751 DECLARATORY RULING RSA 397-A. Individuals representing ABC [name of business redacted by Banking Department] are not working for compensation or gain as regards mortgage loan origination and therefore are not required to be licensed as mortgage loan originators pursuant to the licensing requirements of RSA 397-A, as amended by 2009, 290, (HB 610). (eff 6-24-10)

 

#9755* Adopt Ban 1800 Trust and Banking Companies (eff 7-16-10)

 

#9767* Adopt Ban 1104 Fidelity Coverage Requirements (eff 8-21-10)

 

#9847 DECLARATORY RULING RSA 397-A. Definitions and Exemptions under RSA 397-A. Granting of a residential mortgage loan on real property located in New Hampshire by an irrevocable trust to a beneficiary, who is the son of the grantor, falls within the "family member" exemption to licensure pursuant to RSA 397-A:4, III. (eff 1-6-11)

 

#9905 DECLARATORY RULING RSA 397-A. Exemption and Jurisdiction under RSA 397-A. The exemption provided in RSA 397-A:4, IV for seller financing of the seller's residence (Tract I) is available to a seller offering seller financing for a seasonal home used as a residence for a portion of the year as described in the Petitioner's request for a declaratory ruling. Also, no license is required to provide seller financing for a second parcel (Tract II) which does not meet the definition of real property or residential real estate in RSA 397-A:1 and is outside the jurisdiction of RSA 397-A (eff 4-14-11)

 

#10241 DECLARATORY RULING RSA 387:26 and RSA 392:39. New Hampshire's legal lending limit laws [RSA 387:26 and RSA 392:39] are intended to provide New Hampshire state-chartered banks and trust companies with parity to engage in the same general lending authority permitted for national banks under federal laws and regulations. This lending authority includes the required consideration of credit exposure in derivative transactions. Therefore, New Hampshire state-chartered banks are permitted to engage in derivative transactions in accordance with Section 611 of the Dodd-Frank Act, embodied in 12 USC 1828(y), which permits FDIC-insured state banks to engage in derivative transactions if the governing state banking law on lending limits "takes into consideration credit exposure to derivative transactions." (eff 12-5-12)

 

#10252 DECLARATORY RULING - RSA 397-B:2, I and RSA 397-B:4, I(a). With respect to only the particular facts and circumstances stated in the petition for a declaratory ruling, the Petitioner is engaged in the business of servicing mortgage loans secured by real property located in the state of New Hampshire, pursuant to RSA 397-B:2, I. The Petitioner must therefore maintain a mortgage servicer registration with the Banking Department pursuant to RSA 397-B:4, I(a). (eff 1-14-13)

 

#10258* Readopt w/Amend Ban 100 Organizational Rules (eff 1-24-13 ) (DO NOT EXPIRE)

 

#10442* Repeal, Readopt w/Amend Ban 102.01 & 104.02 Definition of Board of Trust Company Incorporation and Access to Department Information (eff 10-19-13) DO NOT EXPIRE

 

#10524* Readopt w/Amend Ban 1107 Amendments to Bylaws of Credit Unions (eff 2-20-14)

 

#10671 DECLARATORY RULING RSA 397-A. With respect to only the particular facts and circumstances described in the petition for a declaratory ruling, the Petitioners are exempt from licensure under RSA 397-A as a mortgage banker to provide a mortgage loan to the borrower, provided that they comply with the provisions of RSA 397-A:4, VII(a) through RSA 397-A:4, VII(d). (eff 9-15-14)

 

#10997* INTERIM RULE - Readopt w/Amend Ban 1450 Collateralization of Public Deposits (eff
12-23-15) EXPIRES: 6-20-16

 

#11004* Adopt Ban 700 Maximum Annual Assessment for Family Trust Companies (eff 12-23-15)

 

#11113* Readopt w/Amend Ban 1450 Collateralization of Public Deposits (eff 6-1-16)

 

#12356* EXPEDITED REPEAL - Ban 500 various Repeal of Rules Adopted Under RSA 394-A Granting State-Chartered Financial Institutions Powers of Corresponding Federally-Chartered Financial Institutions (eff 8-3-17)

 

#12393* EXPEDITED REPEAL - Ban 800 Repeal of Rules Adopted Under RSA 394-A Powers of Banking Organizations (eff 9-29-17)

 

#12394* EXPEDITED REPEAL - Ban 1801 Repeal of Rules on Calculation of Bank Reserves (eff 9-29-17)

 

#12970* EMERGENCY RULE Adopt Ban 900 Public Deposit Investment Pool (eff 1-9-20) EXPIRES: 7-7-20

 

#13058 Readopt Ban 900 Public Deposit Investment Pool (eff 6-25-20)