CHAPTER Ban 100 ORGANIZATIONAL
RULES
PART Ban 101 PURPOSE AND SCOPE
Ban 101.01 Purpose. The purpose of these rules is to describe the
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
Ban 101.02 Scope.
These rules shall apply to the following types of institutions that are
either chartered, registered or licensed in
(a)
Banks;
(b)
Trust companies;
(c)
Family trust companies;
(d)
Mutual and guaranty savings banks;
(e)
Cooperative banks;
(f)
Savings and loan associations;
(g)
Building and loan associations;
(h)
Credit unions;
(i) Small loan companies;
(j)
Mortgage bankers and brokers;
(k)
Mortgage originators;
(l)
Motor vehicle sales finance companies;
(m)
Retail sellers of motor vehicles;
(n)
Debt adjusters;
(o)
Mortgage loan servicers;
(p)
Cash dispensing machines;
(q)
Money transmitters; and
(r)
Other financial institutions organized and operating under the banking
laws of the state of
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
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
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)
Ban 102.03 "Department" means the state of
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)
Ban 102.04 “Public Deposit Investment Pool (PDIP)” means
the pool established by RSA 383:22 to invest funds for the state governmental
units.
Source. #10258,
eff 1-24-13
PART Ban
103 DESCRIPTION OF DEPARTMENT
Ban 103.01 Commissioner, Commissioner’s Office.
(a)
The department is under the direction of the commissioner.
(b)
The commissioner has general responsibility for the supervision of:
(1) Banks;
(2) Trust companies;
(3) Family trust companies;
(4) Mutual and guaranty savings banks;
(5) Cooperative banks;
(6) Savings and loan associations;
(7) Building and loan associations;
(8) Credit unions;
(9) Other financial institutions organized and
operating under the banking laws of the state of
(10) Small loan companies;
(11) Mortgage bankers and brokers;
(12) Mortgage loan originators;
(13) Motor vehicle sales finance companies;
(14) Retail sellers of motor vehicles;
(15) Debt adjusters;
(16) Mortgage servicers;
(17) Cash dispensing machines; and
(18) Money transmitters.
(c)
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
Ban 103.02 Banking Division. The banking division, headed by the chief
bank examiner, conducts:
(a)
Examinations of each state chartered financial institution;
(b)
Reviews of applications and petitions 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
Ban 103.03 Consumer Credit Division.
(a) The consumer credit division,
headed by the director of consumer credit, comprises 2
subdivisions:
(1) Examinations, which conducts on-site and
off-site examinations of each licensee and registrant of the department; and
(2) Licensing, which oversees the licensing
application process and registration process of
(b)
The consumer credit division engages in all other regulatory functions
required to supervise consumer credit licensees and registrants.
Source. #6146,
eff 12-22-95; ss by #10258, eff 1-24-13
Ban 103.04 Legal Division. The legal division, headed by the general
counsel:
(a)
Investigates consumer complaints against institutions under the
supervision of the commissioner;
(b) Prosecutes and takes enforcement
actions against institutions under the supervision of the commissioner;
(c) Provides legal counsel to the department; and
(d)
Assists the commissioner in rulemaking and legislation.
Source. #10258,
eff 1-24-13
Ban 103.05 Operations Division. The operations division, headed by the
director of operations coordinates 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
Ban 103.06 Department Information.
(a)
The department’s office is:
(1) Located at:
(2) Open
to the public between the hours of 8:00 A.M. and 4:30 P.M., Monday through
Friday, except
State of
(b)
The department’s mailing
address is:
New Hampshire
Banking Department
(c)
The department may also be contacted by:
(1) Telephone at
(603) 271-3561;
(2) Fax at (603) 271-1090;
(3) TDD Access Relay at 1-800-735-2964; or
(4) Electronic mail at nhbd@banking.state.nh.us.
(d)
Other helpful information may be found on the department’s website at
www.nh.gov/banking.
Source. #10258,
eff 1-24-13
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:1-a, III.
Source. #10258,
eff 1-24-13
Ban 104.02 Access to Department Information.
(a) The commissioner's annual report
and other department information are available at www.nh.gov/banking/forms-pubs/bc-annual-reports.htm.
(b)
The department's administrative rules are available for examination at:
(1) The department's offices at
(2) On the department’s website at
www.nh.gov/banking/laws-rules-guidance/index.htm; and
(3) Other similar places of public access.
(c)
Information available on the department’s website includes:
(1) Public orders from 2006 onwards; and
(2) Current lists of
(d) A person may
join the department’s email notification list by signing up at http://www.nh.gov/banking/news-events/index.htm. to receive
information for department:
(1) Hearings;
(2) PDIP meetings; and
(3) Proceedings.
Source. #10258,
eff 1-24-13; ss by #10442, eff 10-19-13
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 of exactly what
records the requestor is seeking.
(b)
A request for department records may be delivered to the department:
(1) In person;
(2) By
(3) By facsimile to 603-271-1090; or
(4) By e mail to
legal@banking.state.nh.us.
Source. #10258,
eff 1-24-13
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, copies
shall be electronically sent to a valid email address provided by the
requesting party.
(d)
If copies are requested, the requesting party shall be charged a fee for
the actual cost of the hard copies or electronic copies as assessed by the
department.
Source. #10258,
eff 1-24-13
APPENDIX
|
Rule |
|
|
|
|
|
Ban 101.01 |
RSA 541-A:16, |
|
Ban 101.02 |
RSA 541-A:16, |
|
Ban 102.01 |
RSA 541-A:16, |
|
Ban 102.02 |
RSA 541-A:16, |
|
Ban 102.03 |
RSA 541-A:16, |
|
Ban 102.04 |
RSA 541-A:16, |
|
Ban 103.01 |
RSA 541-A:16, |
|
Ban 103.02 |
RSA 541-A:16, |
|
Ban 103.03 |
RSA 541-A:16, |
|
Ban 103.04 |
RSA 541-A:16, |
|
Ban 103.05 |
RSA 541-A:16, |
|
Ban 103.06 |
RSA 541-A:16, |
|
Ban 104.01 |
RSA 541-A:16, |
|
Ban 104.02 |
RSA 541-A:16, |
|
Ban 104.03 |
RSA 541-A:16, |
|
Ban 104.04 |
RSA 541-A:16, |