383:1 Commissioner and Deputy. – I. There shall be a bank commissioner who shall be appointed by the governor with the advice and consent of the council, and whose term shall be for 6 years. II. There shall be a deputy bank commissioner who shall be recommended by the commissioner and appointed by the […]
383:10 Repealed by 2015, 272:52, IV, eff. Oct. 1, 2015. –
383:10-a Accountants or Experts. – Whenever he or she considers it necessary the commissioner may engage the services of one or more outside accountants or other experts to perform an audit or such further examination as he or she deems necessary, except that the engagement of legal services shall be with the approval of […]
383:10-b Confidential Information. – All records of the department’s investigations, examinations, visitations, and reports produced by those investigations, examinations, and visitations including any duly authenticated copy of those records in the possession of any entity under the supervision of the commissioner, shall be confidential, shall not be subject to RSA 91-A, shall not be […]
383:10-c Repealed by 2015, 272:52, V, eff. Oct. 1, 2015. –
383:10-d Consumer Complaints and Restitution. – The commissioner shall have exclusive authority and jurisdiction to investigate conduct that may violate any of the provisions of RSA 361-A, RSA 361-E, and Titles XXXV and XXXVI and administrative rules adopted thereunder. The commissioner may hold hearings relative to such conduct and may order restitution for a […]
383:10-e Confidentiality of Consumer Complaints. – The commissioner may disclose to the public the number and type of complaints and disposition of complaints filed by consumers against a particular person or entity; provided, however, that no such disclosure shall abridge the confidentiality of consumer complaints or inquiries. Source. 1994, 250:1. 2015, 272:12, eff. Oct. […]
383:10-f Consumer Complaint Administrator. – The commissioner shall annually designate one person from within the banking department who shall administer and coordinate the commissioner’s response to consumer complaints concerning conduct in trade or commerce licensed or regulated under Title XXXV, Title XXXVI, RSA 361-A, or RSA 361-E or conduct which is alleged to be […]
383:10-g Privileges Not Affected by Disclosure. – Notwithstanding the exceptions to confidentiality in RSA 383:10-b, the submission of any information to any federal banking agency, state banking department, or foreign banking authority for any purpose in the course of any supervisory or regulatory process shall not be construed as waiving, destroying, or otherwise affecting […]
383:10-h Unfair or Deceptive Act or Practice. – I. No person engaging in trade or commerce, including without limitation, any business, activity, or transaction, that is subject to the jurisdiction of the bank commissioner may act in a manner that is or may be an unfair method of competition or an unfair or deceptive […]
383:11 Examination Costs. – I. The commissioner shall charge and collect from each entity, the condition and management of which he or she examines under the provisions of RSA 383:9, the actual cost of travel, lodging, meals, and other expenses of examination personnel employed in making examinations under this section plus an examination fee, […]
383:11-a Contract Services. – The commissioner shall be authorized to enter into contracts with federal regulatory and insuring agencies to perform examinations of financial institutions, or to provide other services, and to receive monetary reimbursement for the costs incurred in providing such contract services. Contracts for services to be provided by the banking department […]
383:11-b Special Assessment. – I. The commissioner may, as liquidator and in the name of any entity being liquidated, declare and charge a special assessment to offset the cost of administering the liquidation from the group of all other entities of the same type as the entity being liquidated in the manner set forth […]
383:12 Oaths. – The commissioner, the deputy commissioner, or any of the examiners may summon and examine under oath by him administered any officer, agent, or servant of any such institution or any other person in relation to the affairs and condition of the institution. Source. RS 140:24. GS 152:6. GL 166:6. PS 162:7. […]
383:13 Repealed by 2015, 272:52, VI, eff. Oct. 1, 2015. –
383:13-a Repealed by 2015, 272:52, VII, eff. Oct. 1, 2015. –
383:14 Repealed by 2015, 272:52, VIII, eff. Oct. 1, 2015. –
383:15 Commissioner’s Reports. – The commissioner shall file with the governor and council his or her annual report, which shall contain information concerning each entity under the commissioner’s supervision. The report shall also give the names of the officers of the banks, credit unions, and trust companies and such other information as he or […]
383:16 Irregularities. – If the commissioner, deputy commissioner, or any examiner shall make a false statement of the condition of any institution with the intent to deceive, or shall intentionally fail when examining any institution to make a prudent and careful examination of appropriate scope based on the size, complexity, and the risk profile […]
383:17 Disposal of Papers. – The commissioner may destroy any records, reports, or miscellaneous papers filed in his office which, in his opinion, are no longer of any value to the state. Source. 1945, 40:1. 2004, 231:14, eff. June 11, 2004.
