TITLE XXXV BANKS AND BANKING; LOAN ASSOCIATIONS; CREDIT UNIONS
CHAPTER 384-F THE NEW HAMPSHIRE INTERNATIONAL BANKING ACT
Direct Branch, Agency, and Representative Offices of Foreign Banks
Section 384-F:14
384-F:14 Powers of Branch and Agency. –
I. Except as otherwise specifically provided in this subdivision or in rules or orders adopted by the commissioner, and notwithstanding any other law or rule of this state to the contrary, operations of a foreign bank at a New Hampshire state branch or New Hampshire state agency shall be conducted with the same rights, privileges, and powers as a New Hampshire state bank at the same location, including but not limited to, the eligibility to exercise fiduciary or trust powers, and shall be subject to all the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply under the laws of this state to a New Hampshire state bank doing business at the same location.
II. Among other exceptions to the provisions of paragraph I that may be required or authorized by the commissioner pursuant to the provisions of this subdivision:
(a) A New Hampshire state branch that was not grandfathered as an "insured branch" within the meaning of section 6(c)(2) of the federal International Banking Act (12 U.S.C. section 3104(c)(2)) may not accept, from citizens or residents of the United States, deposits (other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers) of less than $100,000, except to the extent that such deposits are determined by the Federal Deposit Insurance Corporation not to constitute "domestic retail deposit activities requiring deposit insurance protection" within the meaning of section 6 of the federal International Banking Act (12 U.S.C. section 3104);
(b) A New Hampshire state agency may not accept any deposits from citizens or residents of the United States (other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers), but it may accept deposits from persons who are neither citizens nor residents of the United States;
(c) A New Hampshire state branch or New Hampshire state agency shall not be required to maintain federal or state deposit insurance under any law, rule, or order of this state that requires New Hampshire state banks and other depository institutions to maintain such deposit insurance, and the commissioner may, by rule or order, exclude or exempt uninsured New Hampshire state branches and New Hampshire agencies from, or otherwise modify the applicability to uninsured New Hampshire state branches and New Hampshire agencies of, any law or rule of this state that is generally applicable to insured New Hampshire state banks, or that would otherwise be applicable to an insured New Hampshire state bank doing business at the same location, as the commissioner may deem necessary or desirable, taking into account applicable limitations on the retail deposit-taking powers and privileges of New Hampshire state branches and New Hampshire agencies;
(d) Any limitation or restriction based on the capital stock and surplus of a New Hampshire state bank shall be deemed to refer, as applied to a New Hampshire state branch or New Hampshire state agency, to the dollar equivalent of the capital stock and surplus of the foreign bank, and if the foreign bank has more than one New Hampshire state branch or New Hampshire state agency in this state, the business transacted by all such New Hampshire state branches and New Hampshire state agencies shall be aggregated in determining compliance with the limitation; and
(e) The commissioner is expressly authorized to adopt such additional or modify the applicability of any existing standards, conditions, or requirements, by rule or order, as he or she may deem necessary to ensure the safety and soundness and the protection of creditors of the operations of branches and agencies of foreign banks in this state.