New Hampshire Revised Statutes 384-F:14 – Powers of Branch and Agency
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I. Except as otherwise specifically provided in this subdivision or in rules or orders adopted by the commissioner, and notwithstanding any other law or rule of this state to the contrary, operations of a foreign bank at a New Hampshire state branch or New Hampshire state agency shall be conducted with the same rights, privileges, and powers as a New Hampshire state bank at the same location, including but not limited to, the eligibility to exercise fiduciary or trust powers, and shall be subject to all the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply under the laws of this state to a New Hampshire state bank doing business at the same location.
II. Among other exceptions to the provisions of paragraph I that may be required or authorized by the commissioner pursuant to the provisions of this subdivision:
(a) A New Hampshire state branch that was not grandfathered as an “insured branch” within the meaning of section 6(c)(2) of the federal International Banking Act (12 U.S.C. § 3104(c)(2)) may not accept, from citizens or residents of the United States, deposits (other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers) of less than $100,000, except to the extent that such deposits are determined by the Federal Deposit Insurance Corporation not to constitute “domestic retail deposit activities requiring deposit insurance protection” within the meaning of section 6 of the federal International Banking Act (12 U.S.C. § 3104);
(b) A New Hampshire state agency may not accept any deposits from citizens or residents of the United States (other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers), but it may accept deposits from persons who are neither citizens nor residents of the United States;
(c) A New Hampshire state branch or New Hampshire state agency shall not be required to maintain federal or state deposit insurance under any law, rule, or order of this state that requires New Hampshire state banks and other depository institutions to maintain such deposit insurance, and the commissioner may, by rule or order, exclude or exempt uninsured New Hampshire state branches and New Hampshire agencies from, or otherwise modify the applicability to uninsured New Hampshire state branches and New Hampshire agencies of, any law or rule of this state that is generally applicable to insured New Hampshire state banks, or that would otherwise be applicable to an insured New Hampshire state bank doing business at the same location, as the commissioner may deem necessary or desirable, taking into account applicable limitations on the retail deposit-taking powers and privileges of New Hampshire state branches and New Hampshire agencies;
(d) Any limitation or restriction based on the capital stock and surplus of a New Hampshire state bank shall be deemed to refer, as applied to a New Hampshire state branch or New Hampshire state agency, to the dollar equivalent of the capital stock and surplus of the foreign bank, and if the foreign bank has more than one New Hampshire state branch or New Hampshire state agency in this state, the business transacted by all such New Hampshire state branches and New Hampshire state agencies shall be aggregated in determining compliance with the limitation; and
(e) The commissioner is expressly authorized to adopt such additional or modify the applicability of any existing standards, conditions, or requirements, by rule or order, as he or she may deem necessary to ensure the safety and soundness and the protection of creditors of the operations of branches and agencies of foreign banks in this state.
II. Among other exceptions to the provisions of paragraph I that may be required or authorized by the commissioner pursuant to the provisions of this subdivision:
Terms Used In New Hampshire Revised Statutes 384-F:14
- Agency: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in section 1(b)(1) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
- bank: as used in this chapter shall not in any event include a foreign bank or a branch or agency of a foreign bank. See New Hampshire Revised Statutes 384-F:2
- Branch: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in section 1(b)(3) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
- Commissioner: means the New Hampshire bank commissioner. See New Hampshire Revised Statutes 384-F:2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- Foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See New Hampshire Revised Statutes 384-F:2
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- New Hampshire state agency: when used in reference to an office of a foreign bank, shall mean an agency of a foreign bank that is located in this state and licensed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 384-F:2
- New Hampshire state bank: means a bank organized under the laws of New Hampshire. See New Hampshire Revised Statutes 384-F:2
- New Hampshire state branch: when used in reference to an office of a foreign bank, shall mean a branch of a foreign bank that is located in this state and licensed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 384-F:2
- State: has the same meaning as is set forth in section 3(a)(3) of the Federal Deposit Insurance Act (12 U. See New Hampshire Revised Statutes 384-F:2
- United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See New Hampshire Revised Statutes 384-F:2
(a) A New Hampshire state branch that was not grandfathered as an “insured branch” within the meaning of section 6(c)(2) of the federal International Banking Act (12 U.S.C. § 3104(c)(2)) may not accept, from citizens or residents of the United States, deposits (other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers) of less than $100,000, except to the extent that such deposits are determined by the Federal Deposit Insurance Corporation not to constitute “domestic retail deposit activities requiring deposit insurance protection” within the meaning of section 6 of the federal International Banking Act (12 U.S.C. § 3104);
(b) A New Hampshire state agency may not accept any deposits from citizens or residents of the United States (other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers), but it may accept deposits from persons who are neither citizens nor residents of the United States;
(c) A New Hampshire state branch or New Hampshire state agency shall not be required to maintain federal or state deposit insurance under any law, rule, or order of this state that requires New Hampshire state banks and other depository institutions to maintain such deposit insurance, and the commissioner may, by rule or order, exclude or exempt uninsured New Hampshire state branches and New Hampshire agencies from, or otherwise modify the applicability to uninsured New Hampshire state branches and New Hampshire agencies of, any law or rule of this state that is generally applicable to insured New Hampshire state banks, or that would otherwise be applicable to an insured New Hampshire state bank doing business at the same location, as the commissioner may deem necessary or desirable, taking into account applicable limitations on the retail deposit-taking powers and privileges of New Hampshire state branches and New Hampshire agencies;
(d) Any limitation or restriction based on the capital stock and surplus of a New Hampshire state bank shall be deemed to refer, as applied to a New Hampshire state branch or New Hampshire state agency, to the dollar equivalent of the capital stock and surplus of the foreign bank, and if the foreign bank has more than one New Hampshire state branch or New Hampshire state agency in this state, the business transacted by all such New Hampshire state branches and New Hampshire state agencies shall be aggregated in determining compliance with the limitation; and
(e) The commissioner is expressly authorized to adopt such additional or modify the applicability of any existing standards, conditions, or requirements, by rule or order, as he or she may deem necessary to ensure the safety and soundness and the protection of creditors of the operations of branches and agencies of foreign banks in this state.