CHAPTER
Ban 100 ORGANIZATIONAL RULES
PART
Ban 101 PURPOSE AND SCOPE
Ban 101.01 Purpose. The
purpose of these rules is to describe the New Hampshire banking
department and how to obtain its information.
Source. #1596, eff 6-30-80; ss by #2062, eff 6-25-82;
ss by #2685, eff 4-20-84; EXPIRED 4-20-90
New. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13; ss by #14096, eff 10-3-24
(a)
Banks;
(b)
Trust companies;
(c)
Family trust companies;
(d) Credit unions;
(e) Small loan companies;
(f) Mortgage bankers, brokers, originators, and
loan servicers;
(g) Motor vehicle sales finance companies;
(h) Retail sellers of motor vehicles;
(i) Debt adjusters;
(j) Money transmitters; and
(k)
Other financial institutions organized and operating under the banking laws of
the state of New Hampshire.
Source. #1596, eff 6-30-80; ss by #2062, eff 6-25-82;
ss by #2685, eff 4-20-84; EXPIRED 4-20-90
New. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13; ss by #14096, eff 10-3-24
PART Ban 102 DEFINITIONS
Ban 102.01 RESERVED
Source. #1596, eff 6-30-80; ss by #2062, eff 6-25-82;
ss by #2685, eff 4-20-84; EXPIRED 4-20-90
New. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13; rpld by #10442, eff 10-19-13
Ban
102.02 "Commissioner" means the bank commissioner of the state
of New Hampshire banking department appointed under the provisions of
RSA 383:1.
Source. #1596, eff 6-30-80; ss by #2062, eff 6-25-82;
ss by #2685, eff 4-20-84; EXPIRED 4-20-90
New. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13 (from Ban 101.01); ss by #14096, eff
10-3-24
Ban 102.03 "Department"
means the state of New Hampshire banking department.
Source. #1596, eff 6-30-80; ss by #2062, eff 6-25-82;
ss by #2685, eff 4-20-84; EXPIRED 4-20-90
New. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13 (from Ban 101.02); ss by #14096, eff
10-3-24
PART Ban 103 DESCRIPTION
OF DEPARTMENT
Ban 103.01 Commissioner,
Commissioner’s Office.
(a) The department shall be
under the direction of the commissioner.
(b) The commissioner shall
have general responsibility for the supervision and examination of state banks,
trust companies, family trust companies, credit unions, and other entities
licensed by the department and as designated by law.
(c) With the exception of the
commissioner’s rulemaking powers, and in addition to any delegations described
in these rules, the commissioner shall have the authority to delegate within
the department the commissioner’s powers, duties, and responsibilities as
provided for in RSA 383:7-a.
(d) The commissioner’s
office includes the following:
(1) A
deputy commissioner pursuant to RSA 383:1; and
(2) Assistants as
necessary for general office matters.
Source. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13; ss by #14096, eff 10-3-24
Ban 103.02 Banking Division. The
banking division, headed by the director of banking, shall conduct:
(a) Supervision and
examinations of each state-chartered financial institution;
(b) Reviews of
applications, notices, and other requests for business activity; and
(c) Other regulatory
functions required to supervise chartered financial institutions.
Source. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13; ss by #14096, eff 10-3-24
Ban
103.03 Trust Division. The trust division, headed by the
director of trusts, shall conduct:
(a) Examinations of each
state-chartered trust company and family trust company;
(b) Reviews of
applications, notices, and other requests for business activity related to
public and family trust companies; and
(c) Other regulatory
functions required to supervise chartered trust companies and family trust
companies.
Source. #6146,
eff 12-22-95; ss by #10258, eff
1-24-13; ss by #14096, eff 10-3-24
Ban
103.04 Consumer Credit Division.
The consumer credit division, headed by the director of consumer credit,
shall conduct:
(a)
Examinations of each consumer credit licensee of the department;
(b)
Reviews of licensing applications of consumer credit entities; and
(c)
Other regulatory functions required to supervise consumer credit
licensees.
Source. #10258,
eff 1-24-13; ss by #14096, eff 10-3-24
(formerly Ban 103.03)
Ban 103.05 Legal Division. The
legal division, headed by the general counsel, shall:
(a) Investigate, mediate,
and resolve consumer complaints against institutions under the supervision of
the commissioner;
(b)
Provide legal support for administrative actions taken by the
department, and prosecute and take enforcement actions against institutions
under the supervision of the commissioner;
(c) Provide legal counsel
to the department;
(d) Assist the commissioner
in rulemaking and legislation;
(e)
Provide information and assistance to members of the public relating to
matters under the department’s regulatory authority; and
(f)
Administer and coordinate the department’s responses to requests for
governmental records.
Source. #10258,
eff 1-24-13; ss by #14096, eff 10-3-24
(formerly Ban 103.04)
Ban 103.06 Operations Division. The
operations division, headed by the director of operations, shall coordinate the
following functions:
(a) Accounting, purchasing,
and budget control;
(b) Personnel management;
(c) Property
and contract management; and
(d) Assistance to the
commissioner with short and long range department level planning activities.
Source. #10258,
eff 1-24-13; ss by #14096, eff 10-3-24 (formerly Ban 103.05)
Ban 103.07 Department
Information.
(a) The department’s office
is:
(1) Located at:
53 Regional Drive, Suite 200
Concord, New Hampshire; and
(2) Open to the public between the hours of 8:00 A.M. and 4:30
P.M., Monday through Friday, except state of New Hampshire holidays.
(b) The department’s mailing
address is:
New Hampshire Banking Department
53 Regional Drive Suite 200
Concord, New
Hampshire 03301.
(c) The department may also
be contacted by:
(1) Telephone at
(603) 271-3561;
(2) TDD Access Relay
at 1-800-735-2964; or
(3) Electronic mail
at nhbd@banking.nh.gov.
(d) Other helpful
information may be found on the department’s website at www.banking.nh.gov.
Source. #14096, eff 10-3-24 (formerly Ban 103.06)
PART Ban 104 DEPARTMENT INFORMATION AVAILABLE TO THE
PUBLIC
Ban 104.01 New Hampshire
Banking Department Records. For purpose of this part, “New
Hampshire banking department records” means governmental records as defined in
RSA 91-A.
Source. #10258,
eff 1-24-13; ss by #14096, eff 10-3-24
Ban 104.02 Access
to Department Information.
(a)
The commissioner's annual report and other department information shall
be available at www.banking.nh.gov/forms-publications/annual-reports-commissioner.
(b) The department's
administrative rules shall be available for examination at:
(1) The department's office; and
(2) The
department’s website at www.banking.nh.gov/banks-credit-unions/laws-rules-guidance.
(c) Information available
on the department’s website includes:
(1) Public orders from 2009 onwards; and
(2) Current lists of New Hampshire chartered institutions
and licensees.
Source. #10258,
eff 1-24-13; ss by #10442, eff
10-19-13; ss by #14096, eff 10-3-24
Ban 104.03 Requests for
New Hampshire Banking Department Records.
(a) Persons seeking
department records shall request the information in a manner that would
give the department notice with reasonable specificity of what records the
requestor is seeking.
(b) A request for
department records may be delivered to the department:
(1) In person;
(2) By U.S. mail
or courier service to the department’s office; or
(3) By email to legal@banking.nh.gov.
Ban 104.04 Response to
Request for Records.
(a) The department shall
respond to all requests for records as soon as practicable and in accordance
with RSA 91-A.
(b) When inspection of
publicly available records is not immediately feasible, the requesting party
and the department shall agree upon a mutually convenient time for such
inspection.
(c) By agreement between
the requesting party and the department, public records shall be electronically
sent to a valid email address provided by the requesting party.
(d) A party requesting
copies shall be charged a fee for the actual cost of the copies as assessed by
the department pursuant to RSA 91-A.
Source. #10258, eff 1-24-13; ss by #14096, eff
10-3-24
APPENDIX
|
Rule |
Specific State Statute the Rule Implements |
|
Ban 101.01 |
RSA 541-A:16,
I(a) |
|
Ban 101.02 |
RSA 541-A:16,
I(a); RSA 383:9, II |
|
Ban 102.02 |
RSA 541-A:16,
I(a); RSA 383:1 |
|
Ban 102.03 |
RSA 541-A:16,
I(a) |
|
Ban 103.01 |
RSA 541-A:16, I(a); RSA
383:1; RSA 383:7-a; and RSA 383:9 |
|
Ban 103.02 |
RSA 541-A:16,
I(a); RSA 383:7-a; and RSA 383:9 |
|
Ban 103.03 |
RSA 541-A:16,
I(a); RSA 383:7-a; and RSA 383:9 |
|
Ban 103.04 |
RSA 541-A:16,
I(a); RSA 383:7-a; RSA 383:9 |
|
Ban 103.05 |
RSA 541-A:16,
I(a); RSA 383:5-a; RSA 383:7-a; RSA 383:9 |
|
Ban 103.06 |
RSA 541-A:16,
I(a); RSA 383:7-a; RSA 383:9 |
|
Ban 103.07 |
RSA 541-A:16,
I(a); RSA 383:7-a; RSA 383:9 |
|
Ban 104.01 |
RSA 541-A:16,
I(a) |
|
Ban 104.02 |
RSA 541-A:16,
I(a) |
|
Ban 104.03 |
RSA 541-A:16,
I(a) |
|
Ban 104.04 |
RSA 541-A:16,
I(a) |