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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 395:29 – New Deposits.

    395:29 New Deposits. – If any institution whose deposit accounts have been reduced under the provisions of this chapter shall afterward receive new deposits it shall keep its accounts, and in all respects conduct its business relating to such new deposits, as if it were a separate institution, distinct from the one in which […]

Section 395:29-a – Federal Approval.

    395:29-a Federal Approval. – Notwithstanding any provision of RSA 395:27, 28 or 29 to the contrary, any deposit account in any institution, the deposits of which are insured by the Federal Deposit Insurance Corporation, or any other agency or instrumentality of the United States of America, may not be reduced without the consent of […]

Section 395:3 – Resuming Business.

    395:3 Resuming Business. – Such institutions may, with the consent of the commissioner, resume business upon such conditions as the commissioner may approve. Source. 1911, 68:3. PL 268:3. RL 316:3.

Section 395:30 – Distribution of Assets.

    395:30 Distribution of Assets. – Payments of dividends under RSA 395:19 and any other proceeds of the property of a closed or insolvent New Hampshire depository institution shall be distributed according to the decree of the court in the following priority: I. The payment of the costs and expenses of the liquidation. II. The […]

Section 395:31 – Reports by Commissioner.

    395:31 Reports by Commissioner. – The commissioner shall incorporate in his annual report a statement showing the condition of any institution in his possession. Source. 1911, 68:19. PL 268:30. RL 316:31.

Section 395:32 – Destruction of Records.

    395:32 Destruction of Records. – Records and papers preserved in the office of the bank commissioner and concerned with the liquidation of a bank, as provided for in this chapter, may be destroyed at the end of 10 years after such liquidation proceedings have been completed. Source. 1957, 2:1, eff. July 1, 1957.

Section 395:4 – Insolvency.

    395:4 Insolvency. – Whenever it appears to the commissioner that any institution to which this chapter applies reflects negative equity capital, as determined by the most recent report of examination conducted by the banking department or a federal deposit insuring agency, the commissioner may represent the facts by ex parte petition to some justice […]

Section 395:5 – Commissioner’s Duties.

    395:5 Commissioner’s Duties. – Upon taking possession of the property and business of any institution to which this chapter applies, the commissioner shall have authority to collect money due the institution and to do such other acts as are necessary to conserve its assets and business. He shall collect all debts due and claims […]

Section 395:6 – Inventory.

    395:6 Inventory. – The commissioner shall make an inventory of the assets of the institution in duplicate, one to be filed in the office of the commissioner, and one in the office of the clerk of the superior court for the county in which the principal office of the institution is located. Source. 1911, […]

Section 395:7 – Notice.

    395:7 Notice. – The commissioner shall give notice of the fact that he has taken possession of the property and business of the institution to any and all banks, trust companies, associations and individuals holding or having possession of any assets of such institution. Source. 1911, 68:5. PL 268:7. RL 316:7.

Section 395:8 – Effect.

    395:8 Effect. – No bank, trust company, association or individual, knowing that the commissioner has taken such possession, or having been notified thereof as aforesaid, shall have a lien or charge for any payment, advance or clearance thereafter made, or liability thereafter incurred, against any of the assets of the institution. Source. 1911, 68:5. […]

Section 395:9 – Commissioner’s Authority.

    395:9 Commissioner’s Authority. – For the purpose of executing and performing the powers and duties hereby conferred upon him, the commissioner may, in the name of any such institution, prosecute and defend any legal proceedings, and may in the name of the institution execute, acknowledge and deliver any instruments necessary and proper to effectuate […]