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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXV - Banks and Banking; Loan Associations; Credit Unions » Title 395 - Liquidation Under Supervision of the Bank Commissioner

Section 395:1 – Petition.

    395:1 Petition. – If any institution under the supervision of the bank commissioner shall refuse to permit an examination of its affairs by the commissioner, or to furnish the necessary facilities therefor, or shall violate its charter or any law of the state after having been notified in writing by the commissioner of such […]

Section 395:10 – Appointment of Agents.

    395:10 Appointment of Agents. – The commissioner may appoint agents to assist him to perform such duties connected with the business of such institutions as he may deem proper, and may procure such expert assistance and advice, or retain such of the officers or employees of such institution, as he may deem necessary; and […]

Section 395:10-b – Emergency Waiver.

    395:10-b Emergency Waiver. – The bank commissioner, upon the appointment of a federal agency as receiving or liquidating agent pursuant to RSA 395:10-a, shall have authority to issue an order waiving or suspending all laws, rules, practices and policies with respect to the authorization to commence or continue banking operations in the state of […]

Section 395:12 – Agent’s Compensation, Etc.

    395:12 Agent’s Compensation, Etc. – The compensation of any agents, counsel, employees and assistants, and all expenses of supervision and liquidation, shall be fixed by the commissioner, subject to the approval of the court, and on notice to such institution, and upon the certificate of the commissioner, shall be paid out of the funds […]

Section 395:13 – Notice.

    395:13 Notice. – The commissioner shall cause to be published weekly for 3 consecutive months, in such newspapers as he may direct, a notice calling on all persons who may have claims against such institution to present the same to the commissioner and to make legal proof thereof at a place and time not […]

Section 395:14 – Rejection.

    395:14 Rejection. – If the commissioner doubts the justice and validity of any claim he may reject the same and serve notice of such rejection upon the claimant either by mail or in person. An affidavit of service of such notice, which shall be prima facie evidence thereof, shall be filed with the commissioner. […]

Section 395:15 – Suit.

    395:15 Suit. – An action upon the claim so rejected shall not be entertained unless brought within 6 months after such service. Source. 1911, 68:8. PL 268:15. RL 316:15.

Section 395:16 – Delayed Claims.

    395:16 Delayed Claims. – Claims presented after the expiration of the time specified in the notice to creditors shall be entitled to share in the distribution only to the extent of the assets in the hands of the commissioner equitably applicable thereto. Source. 1911, 68:8. PL 268:16. RL 316:16.

Section 395:17 – Reports on Claims.

    395:17 Reports on Claims. – Upon the expiration of the time fixed for the presentation of claims, the commissioner shall make in duplicate a full and complete list of the claims presented, including and specifying such claims as have been rejected by him. One of the said lists shall be filed in the office […]

Section 395:18 – Additional List.

    395:18 Additional List. – Thereafter the commissioner shall make and file in said offices, at least 15 days before every application to the court for leave to declare a dividend, a supplementary list of the claims presented since the last preceding list was filed, including and specifying such claims as have been rejected by […]

Section 395:19 – Payment of Secured Claims and Dividends.

    395:19 Payment of Secured Claims and Dividends. – At any time after the expiration of the date fixed for the presentation of claims, upon application of the commissioner, the court may authorize: I. Any person who holds a perfected security interest or a mortgage lien in assets of the insolvent or closed New Hampshire […]

Section 395:2 – Orders.

    395:2 Orders. – The court may issue an injunction prohibiting, as far as may be thought necessary, the transaction of any business of said institution and the commissioner shall cause the same to be served. Any justice of the superior court, upon petition and notice to the commissioner, may dissolve, modify, continue or extend […]

Section 395:20 – Payment of.

    395:20 Payment of. – In the absence of an express written agreement to the contrary, any person paying to the depositor of a bank closed or in liquidation under this chapter or in any manner, a part or the whole of his deposit therein shall be subrogated to the rights of such depositor to […]

Section 395:21 – Objections to Claims.

    395:21 Objections to Claims. – Objections to any claim not rejected by the commissioner may be made by any person interested by filing a copy of such objections with the commissioner, who shall present the same to the court at the time of the next application for permission to declare a dividend. The court […]

Section 395:26 – Procedure.

    395:26 Procedure. – Whenever any institution of whose property and business the commissioner takes possession as aforesaid deems itself aggrieved thereby, it may at any time within 10 days thereafter apply to the court to discontinue further proceedings; and the court, after notice to the commissioner and hearing, may dismiss such application or direct […]

Section 395:27 – By Commissioner.

    395:27 By Commissioner. – Whenever it appears to the commissioner advisable, or upon the petition of the trustees or directors of the institution, he may, with the approval of a justice of the superior court, reduce pro rata the deposit account of each depositor therein, whenever the value of its assets is less than […]

Section 395:28 – Sharing Assets.

    395:28 Sharing Assets. – If the bank shall realize from the assets a greater sum than was so fixed upon the court shall order such excess to be equitably divided among the depositors whose accounts have been reduced, but to the extent of such reduction only. Source. 1911, 68:16. PL 268:27. RL 316:28.