Section 384-G:17 – Application; Captions.
384-G:17 Application; Captions. – I. The provisions of this chapter shall apply to and exclusively govern a revolving credit plan, provided that the plan references this chapter in the agreement and states that the provisions of this chapter shall so govern. II. Section headings and captions contained in this chapter are inserted only as […]
Section 384-G:18 – Materiality of Terms.
384-G:18 Materiality of Terms. – All terms, conditions, and other provisions of and relating to a plan as contained in this chapter or in the agreement governing the plan other than those which are interest under this chapter, including, without limitation, provisions relating to the method of determining the outstanding unpaid indebtedness on which […]
Section 384-G:19 – Governing Law.
384-G:19 Governing Law. – A revolving credit plan between a bank and a borrower shall be governed by the laws of this state. Source. 2002, 225:1, eff. July 16, 2002.
Section 384-G:20 – Severability.
384-G:20 Severability. – If any provision of this chapter or the application of any section or part thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or […]
Section 384-G:11 – Attorney’s Fees; Costs.
384-G:11 Attorney’s Fees; Costs. – In the event a borrower defaults under the terms of a plan, the bank may, if the borrower’s account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing the revolving credit plan so […]
Section 384-G:12 – Amendment of Agreement.
384-G:12 Amendment of Agreement. – I. Unless the agreement governing a revolving credit plan otherwise provides, a bank may at any time and from time to time amend such agreement in any respect, whether or not the amendment or the subject of the amendment was originally contemplated or addressed by the parties or is […]
Section 384-G:13 – Examinations.
384-G:13 Examinations. – Subject to federal preemption where applicable: I. The banking department may examine the business affairs of any bank, as it deems necessary to determine whether a revolving credit plan complies with this chapter and the rules adopted hereunder and also with RSA 399-B, the Truth in Lending Act, 15 U.S.C. 1601 […]
Section 384-G:14 – Enforcement.
384-G:14 Enforcement. – I. Subject to federal preemption where applicable, the bank commissioner shall administer and enforce the provisions of this chapter. The bank commissioner may take enforcement action to remedy any act or practice which violates this chapter, including injunctive relief and restitution. II. Any borrower injured by any such act or practice […]
Section 384-G:15 – Rulemaking.
384-G:15 Rulemaking. – Pursuant to RSA 541-A, the bank commissioner may adopt such rules as the bank commissioner deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions of this chapter. Source. 2002, 225:1, eff. July 16, 2002.
Section 384-G:16 – Application of Other State Laws.
384-G:16 Application of Other State Laws. – Extensions of credit and other transactions conducted pursuant to this chapter shall be subject where applicable to the provisions of RSA 399-B. Any other law of this state limiting the rate or amount of interest, discount, points, finance charges, service charges or other charges which may be […]