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:31
384-F:31 Supervision and Enforcement. –
I. The commissioner shall have all of the powers granted to him or her by the laws of this state to the extent appropriate to enable him or her to supervise each New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office.
II. If, after notice and a hearing, the commissioner finds that any person has violated any provision of this chapter or of any rule adopted or order issued under this chapter, he or she may, in addition to any other remedy or action available to the commissioner under the laws of this state, order such person to pay to the commissioner a civil penalty in such a manner and in such an amount as the commissioner shall determine in accordance with the laws of this state and rules thereunder.
III. In order to carry out the purposes under this chapter, the commissioner may:
(a) Enter into cooperative, coordinating, or information-sharing agreements with any other bank supervisory agency or any organization affiliated with or representing one or more bank supervisory agencies;
(b) With respect to periodic examination or other supervision of a foreign bank that maintains a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office, accept reports of examinations performed by, and reports submitted to, other bank supervisory agencies in lieu of conducting examinations, or of receiving reports, as might otherwise be required under this subdivision;
(c) Enter into joint examination or joint enforcement actions with any other bank supervisory agency having concurrent jurisdiction over any foreign bank, provided, however, that the commissioner may at any time take any such actions independently if the commissioner determines that such actions are necessary or appropriate to carry out his or her responsibilities under this chapter and to ensure compliance with the laws of this state;
(d) Enter into contracts with any bank supervisory agency having concurrent regulatory or supervisory jurisdiction over a foreign bank maintaining a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office, to engage the services of such agency's examiners at a reasonable rate of compensation or provide the services of the commissioner's examiners at a reasonable rate of compensation, provided, that any such contract shall be deemed a sole source contract under state laws; and
(e) Assess supervisory and examination fees that shall be payable by foreign banks maintaining a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office in connection with the commissioner's performance of his or her duties under this chapter and in accordance with RSA 383:11 or other applicable law.
IV. Supervisory or examination fees assessed by the commissioner in accordance with the provisions of this chapter may be shared with other bank supervisory agencies or any organizations affiliated with or representing one or more bank supervisory agencies in accordance with agreements between the commissioner and such agencies or organizations.